Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 284 (2026)

Possession of sexually explicit material

✓ current as of May 2026
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1.  A person is guilty of possession of sexually explicit material if that person:  
A. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses with intent to view any book, magazine, newspaper, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:  
(1) The other person has not in fact attained 16 years of age; or  
(2) The person knows or has reason to know that the other person has not attained 16 years of age.  
It is not a violation of this paragraph if the person depicted is 14 or 15 years of age and the person is less than 5 years older than the person depicted.  
Violation of this paragraph is a Class D crime;   [PL 2015, c. 394, §4 (AMD).]
B. Violates paragraph A and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class C crime;   [PL 2007, c. 476, §8 (AMD).]
C. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses with intent to view any book, magazine, newspaper, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:  
(1) The other person has not in fact attained 12 years of age; or  
(2) The person knows or has reason to know that the other person has not attained 12 years of age.  
Violation of this paragraph is a Class C crime; or   [PL 2011, c. 50, §2 (AMD).]
D. Violates paragraph C and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class B crime.   [PL 2007, c. 476, §9 (AMD).]
Section 9-A governs the use of prior convictions when determining a sentence.  
[PL 2015, c. 394, §4 (AMD).]
2.  It is a defense to a prosecution under this section that the person depicted was the spouse of the person possessing the sexually explicit material at the time the material was produced.  
[PL 2003, c. 711, Pt. B, §12 (NEW).]
3.  The age of the person depicted and that the person depicted is an actual person may be reasonably inferred from the depiction. Competent medical evidence or other expert testimony may be used to establish the age and authenticity of the person depicted.  
[PL 2005, c. 345, §2 (AMD).]
4.  Any material that depicts a person who has not attained 16 years of age engaging in sexually explicit conduct is declared to be contraband and may be seized by the State.  
[PL 2005, c. 345, §2 (AMD).]
5.  For purposes of this section, any element of age of the person depicted means the age of the person at the time the sexually explicit conduct occurred, not the age of the person depicted at the time of the transporting, exhibiting, purchasing, possession or accessing of the sexually explicit visual image or material.  
[PL 2011, c. 464, §13 (AMD).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW). PL 2005, c. 345, §§1,2 (AMD). PL 2007, c. 476, §§8, 9 (AMD). PL 2009, c. 608, §4 (AMD). PL 2011, c. 50, §§1-3 (AMD). PL 2011, c. 464, §13 (AMD). PL 2015, c. 394, §4 (AMD).
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Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 2006–2026 · leading case: State v. Nadeau, 2010 ME 71 (Me. 2010).
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State v. Nadeau, 2010 ME 71 (Me. 2010). · cites it 5× “Nadeau appeals from a judgment of conviction of two counts of possession of sexually explicit material (Class D), 17-A M.R.S. § 284(1)(A) (2009), entered in the Superior Court (Franklin County, Murphy, J.”
Marsh v. People, 389 P.3d 100 (Colo. 2017). “335 (1) (West 2016) (“[kjnowingly has ha his or her possession or conteol” or “[ijntentionally views”); Me. Rev. Stat. Ann. tit. 17-A, § 284(1)(a) (2016) (“intentionally or knowingly .”
State of Maine v. Dana Wilson, 2015 ME 148 (Me. 2015). · cites it 7× “Assert *1235 ing that there was insufficient evidence to sustain the convictions for two counts of possession of sexually explicit material (Class C and Class D) pursuant to the statute in effect at the time of the crimes, 17-A M.R.S. § 284(1) (2010), 1 Wilson challenges the…”
State of Maine v. Douglas Annis, 2018 ME 15 (Me. 2018). · cites it 2× “[¶ 1] Douglas Annis appeals from a judgment of conviction for possession of sexually explicit materials depicting a minor under twelve years old (Class C), 17-A M.R.S. § 284(1)(C) (2017), entered following his conditional guilty plea.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). “1; Me.Rev.Stat. Ann. tit. 17-A, § 284; Md.Code Ann.”
State v. Marquis, 181 A.3d 684 (Me. 2018). · cites it 2× “) after a jury found him guilty of three counts of possession of sexually explicit material (Class C), 17-A M.R.S. § 284(1)(C) (2017). Marquis challenges the court's ( Murphy, J .”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “The following year, he was convicted of multiple counts of possession of sexually explicit material (Class C), 17-A M.R.S. § 284(1)(C) (2018). After the father served the unsuspended portion of the resulting prison sentence, the Department closed the family's case because any…”
State of Maine v. Brandon Glenn, 2021 ME 7 (Me. 2021). · cites it 2× “11(a)(2), to the offense of possession of sexually explicit material, 17-A M.R.S. § 284(1)(C) (2020). He argues that the Superior Court (Androscoggin County, Clifford, A.”
In re Nicholas G., 200 A.3d 783 (Me. 2019). · cites it 2× “§ 256(1)(B) (2017), and sixty-five counts of possession of explicit material of a minor under age twelve (Class C), 17-A M.R.S. § 284(1)(C) (2010). 3 The father committed the first three charged crimes against a four-year-old girl whom he babysat one night.”
State v. Wright, 2006 ME 13 (Me. 2006). “§ 283(1)(A) (2005), and four counts of possession of sexually explicit material (Class D), 17-A M.R.S.A. § 284(1)(A) (Supp. 2004). Wright asserts that the Superior Court (Atwood, J.”
State of Maine v. Christopher W. Roy, 2019 ME 16 (Me. 2019). · cites it 2× “Roy appeals from a judgment of conviction for three counts of possession of sexually explicit material of a minor under age twelve (Class C), 17-A M.R.S. § 284(1)(C) (2017), entered in the trial court (Androscoggin County, MG Kennedy, J.”
State of Maine v. Wade R. Hoover, 2015 ME 109 (Me. 2015). “State police immediately took Hoover into custody on a charge of possession of sexually explicit materials (Class C), 17-A M.R.S. § 284(1)(C) (2014). [¶ 4] Hoover was arraigned on the charge of possession of sexually explicit materials on October 5, 2012.”
Show all 25 citing cases →
— Me. Rev. Stat. tit. 17-A, § 284(1) — 1 case
State of Maine v. Dana Wilson, 2015 ME 148 (Me. 2015). “Assert *1235 ing that there was insufficient evidence to sustain the convictions for two counts of possession of sexually explicit material (Class C and Class D) pursuant to the statute in effect at the time of the crimes, 17-A M.R.S. § 284(1) (2010), 1 Wilson challenges the…”
— Me. Rev. Stat. tit. 17-A, § 284(1)(A) — 4 cases
State v. Nadeau, 2010 ME 71 (Me. 2010). “Nadeau appeals from a judgment of conviction of two counts of possession of sexually explicit material (Class D), 17-A M.R.S. § 284(1)(A) (2009), entered in the Superior Court (Franklin County, Murphy, J.”
State of Maine v. Dana Wilson, 2015 ME 148 (Me. 2015). “Assert *1235 ing that there was insufficient evidence to sustain the convictions for two counts of possession of sexually explicit material (Class C and Class D) pursuant to the statute in effect at the time of the crimes, 17-A M.R.S. § 284(1) (2010), 1 Wilson challenges the…”
State v. Wright, 2006 ME 13 (Me. 2006). “§ 283(1)(A) (2005), and four counts of possession of sexually explicit material (Class D), 17-A M.R.S.A. § 284(1)(A) (Supp. 2004). Wright asserts that the Superior Court (Atwood, J.”
State of Maine v. Sean Eori, 2026 ME 25 (Me. 2026).
— Me. Rev. Stat. tit. 17-A, § 284(1)(A)(1) — 1 case
State of Maine v. Dana Wilson, 2015 ME 148 (Me. 2015). “Assert *1235 ing that there was insufficient evidence to sustain the convictions for two counts of possession of sexually explicit material (Class C and Class D) pursuant to the statute in effect at the time of the crimes, 17-A M.R.S. § 284(1) (2010), 1 Wilson challenges the…”
— Me. Rev. Stat. tit. 17-A, § 284(1)(C) — 19 cases
State v. Nadeau, 2010 ME 71 (Me. 2010). “Nadeau appeals from a judgment of conviction of two counts of possession of sexually explicit material (Class D), 17-A M.R.S. § 284(1)(A) (2009), entered in the Superior Court (Franklin County, Murphy, J.”
State of Maine v. Douglas Annis, 2018 ME 15 (Me. 2018). “[¶ 1] Douglas Annis appeals from a judgment of conviction for possession of sexually explicit materials depicting a minor under twelve years old (Class C), 17-A M.R.S. § 284(1)(C) (2017), entered following his conditional guilty plea.”
State v. Marquis, 181 A.3d 684 (Me. 2018). “) after a jury found him guilty of three counts of possession of sexually explicit material (Class C), 17-A M.R.S. § 284(1)(C) (2017). Marquis challenges the court's ( Murphy, J .”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “The following year, he was convicted of multiple counts of possession of sexually explicit material (Class C), 17-A M.R.S. § 284(1)(C) (2018). After the father served the unsuspended portion of the resulting prison sentence, the Department closed the family's case because any…”
State of Maine v. Brandon Glenn, 2021 ME 7 (Me. 2021). “11(a)(2), to the offense of possession of sexually explicit material, 17-A M.R.S. § 284(1)(C) (2020). He argues that the Superior Court (Androscoggin County, Clifford, A.”
— Me. Rev. Stat. tit. 17-A, § 284(1)(a) — 1 case
Marsh v. People, 389 P.3d 100 (Colo. 2017). “335 (1) (West 2016) (“[kjnowingly has ha his or her possession or conteol” or “[ijntentionally views”); Me. Rev. Stat. Ann. tit. 17-A, § 284(1)(a) (2016) (“intentionally or knowingly .”
— Me. Rev. Stat. tit. 17-A, § 284(l)(C) — 1 case
State of Maine v. Sapiel (Me. Super. Ct 2013).
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