H.P. 71 - L.D. 84
An Act to Make It a Crime to Solicit a Child by Means of Computer to Commit a Prohibited Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §5821, sub-§7, as amended by PL 1989, c. 302, §2, is further amended to read:
7. Real property. Except as provided in paragraph A, all real property, including any right, title or interest in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended for use, in any manner or part, to commit or to facilitate the commission of a violation of Title 17-A, section 1103 or 1105, which is a Class A, Class B or Class C crime, with the exception of offenses involving marijuana.
A. No property Property may not be forfeited under this subsection, to the extent of an interest of an owner, by reason of an act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. When an owner of property which that is that person's primary residence proves by a preponderance of the evidence that he the owner is the spouse or minor child of the coowner of the primary residence who has used or intended to use the residence, in any manner or part, to commit or facilitate the commission of a violation of Title 17-A, section 1103 or 1105, the State shall bear the burden of proving knowledge or consent of the spouse or minor child by a preponderance of the evidence; and
Sec. 2. 15 MRSA §5821, sub-§7-A is enacted to read:
7-A. Computers. Except as provided in paragraph A, all computers, as defined in Title 17-A, section 431, subsection 2, and computer equipment, including, but not limited to, printers and scanners, that are used or are attempted to be used in violation of Title 17-A, section 259.
A. Property may not be forfeited under this subsection, to the extent of the interest of an owner, by reason of an act or omission established by that owner to have been committed or omitted without the knowledge or consent of the owner; and
Sec. 3. 17-A MRSA §259 is enacted to read:
§259. Solicitation of child by computer to commit a prohibited act
1. A person is guilty of soliciting a child by a computer to commit a prohibited act if the person:
A. Uses a computer knowingly to solicit, entice, persuade or compel another person to meet with that person;
B. Is 16 years of age or older; and
C. Knows or believes the other person is less than 14 years of age;
D. Is at least 3 years older than the expressed age of the other person; and
E. Has the intent to engage in the following prohibited act with the other person:
(1) A sexual act as defined in section 251, subsection 1, paragraph C;
(2) Sexual contact as defined in section 251, subsection 1, paragraph D; or
(3) Sexual exploitation of a minor as pursuant to Title 17, section 2922.
2. As used in this section, the term "computer" has the same meaning as in section 431, subsection 2.
3. Solicitation of a child by a computer to commit a prohibited act is a Class D crime.
Effective September 18, 1999, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
