LD 84
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LD 84 Title Page An Act to Make It a Crime to Solicit a Child by Means of Computer to Commit an ... Page 2 of 2
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LR 274
Item 1

 
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:


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