Maine Sexting Laws: Legal Consequences and Penalties

Maine has no dedicated teen sexting statute. Instead, prosecutors apply the state's child sexual exploitation laws under Title 17-A, Chapter 12, including the possession offense at 17-A M.R.S. §284. A built-in Romeo and Juliet exception within each statute shields minors who are close in age from criminal liability.

How Maine Law Handles Teen Sexting

Maine does not have a standalone sexting statute. Instead, prosecutors rely on the state's child exploitation laws under Title 17-A, Chapter 12 of the Maine Criminal Code. This means that a teenager who sends or receives a sexually explicit image of another minor could face the same charges as an adult offender.

Because there is no lesser "sexting misdemeanor," prosecutors must either bring serious charges or decline to prosecute entirely. The specific charge depends on the conduct involved:

• Production or Solicitation: Asking for or creating the image (§282)
• Distribution: Sending, showing, or posting the image (§283)
• Possession: Receiving or storing the image on a device (§284)

The built-in "Romeo and Juliet" exception within each statute provides the primary legal protection for teens close in age. Without qualifying for this exception, a minor faces felony-level sex offense charges.

Production and Solicitation Under §282

The most serious sexting-related offense in Maine is "Sexual Exploitation of a Minor" under 17-A M.R.S. §282. This statute makes it illegal to employ, solicit, entice, or persuade a minor under 16 to engage in sexually explicit conduct for the purpose of producing a photograph, film, or video.

In a sexting context, this statute applies when one person asks another person under 16 to send a nude or sexually explicit photo. The act of requesting the image qualifies as "soliciting" or "enticing" under the law.

A separate paragraph reaches coercion at any minor age. Under §282(1)(A-1), a person who, knowing or intending that the conduct will be photographed, compels or induces by any threat another person, not that person's spouse, who is in fact a minor to engage in sexually explicit conduct commits a Class B crime. Because §281(2) defines a minor as anyone under 18, and because paragraph A-1 has no age-gap exception, this provision covers threatened or coerced sexting involving a 16- or 17-year-old.

Penalties for §282

• Standard Offense: Class B crime, punishable by a mandatory minimum of 5 years and up to 10 years in prison, plus a fine of up to $20,000
• Victim Under 12 Years Old: Class A crime, punishable by up to 30 years in prison and a fine of up to $50,000

The court may not suspend the 5-year mandatory minimum unless it sets forth in detail, in writing, the reasons for suspending the sentence. A parent or guardian who knowingly permits a minor under 16 to engage in sexually explicit conduct for the purpose of photography can also be charged under §282(1)(D) with a Class B crime, which likewise carries the 5-year mandatory minimum.

Distribution and Dissemination Under §283

Sending, sharing, or displaying an explicit image of a minor is prosecuted as "Dissemination of Sexually Explicit Material" under 17-A M.R.S. §283. This statute covers several common sexting scenarios:

• Forwarding a received sext to another person
• Showing an image on a phone to friends
• Posting an image on social media or a website
• Sharing a link to the material

The law applies when the person knows or has reason to know that the depicted person is under 16 years of age.

Penalties for §283

• Standard Offense: Class C crime, punishable by up to 5 years in prison and a fine of up to $5,000
• Victim Under 12 Years Old: Class B crime, punishable by up to 10 years in prison and a fine of up to $20,000

Possession Under §284

Simply having an explicit image of a minor on a phone, computer, or other device is a crime under 17-A M.R.S. §284. This statute covers anyone who knowingly possesses or accesses with intent to view material depicting a person under 16 engaged in sexually explicit conduct.

Penalties for §284

• Standard Offense: Class D crime, punishable by up to 364 days in jail and a fine of up to $2,000
• Victim Under 12 Years Old: Class C crime, punishable by up to 5 years in prison and a fine of up to $5,000

Under §284(4), any material depicting a person under 16 engaged in sexually explicit conduct is declared contraband. Law enforcement can seize the material regardless of whether criminal charges are filed.

The Romeo and Juliet Exception

Maine law includes a built-in statutory defense directly within sections 282, 283, and 284 of Title 17-A. This exception is the primary legal shield for teen sexting cases.

How the Exception Works

A person does not violate the statute if:

• The person depicted in the image is 14 or 15 years of age, AND
• The person charged is less than 5 years older than the person depicted

For example, a 16-year-old who receives a consensual image from a 15-year-old partner would not violate the possession statute because the age gap is under 5 years and the depicted person is 14 or 15.

Key Limitations

The exception does not apply in these situations:

• Depicted person is under 14: The exception only covers depicted persons aged 14 and 15. If the child in the photo is 13 or younger, charges apply regardless of the age gap.
• Age gap of 5 years or more: A 20-year-old and a 15-year-old would not qualify for the exception, even though the depicted person is 15.
• 16- and 17-year-olds depicted: The age-gap exception sits inside provisions keyed to persons under 16, so it does not reach images of 16- and 17-year-olds. That is not the same as saying Maine state law leaves them unprotected. Under §282(1)(A-1), a person who, knowing or intending that the conduct will be photographed, compels or induces by any threat another person who is in fact a minor to engage in sexually explicit conduct commits a Class B crime. "Minor" is defined at 17-A M.R.S. §281(2) as a person who has not attained 18 years of age, and paragraph A-1 carries no age-gap exception. Section 511-A likewise applies to images of persons of any age. Maine's age of consent for sexual activity is 16 under 17-A M.R.S. §254, and federal child pornography laws also apply to anyone under 18.

A spousal defense also exists under §284(2): it is a defense that the person depicted was the spouse of the person possessing the sexually explicit material at the time the material was produced. The timing is what the statute turns on. The defense looks at whether the parties were married when the image was made, not at whether they are married when the material is later possessed.

Penalties and Sentencing Overview

Maine classifies crimes by letters from A (most serious) to E (least serious). The penalties that apply to sexting and child exploitation offenses are outlined below.

Class D and E offenses are typically served in county jail. Class A, B, and C sentences are served in state prison. Sentencing details are governed by 17-A M.R.S. §1604 (imprisonment) and 17-A M.R.S. §1704 (fines).

Juvenile Prosecution in Maine

When a minor is accused of a sexting offense, the case is typically handled through Maine's juvenile justice system under Title 15, §3101. Juvenile courts have jurisdiction over persons under 18 who are alleged to have committed a juvenile crime.

Prosecutorial Discretion

District attorneys have wide discretion in deciding whether to bring charges in teen sexting cases. Factors that influence the decision include:

• Whether the images were shared consensually between peers
• The age difference between the parties
• Whether the images were distributed to third parties
• Whether there was coercion, bullying, or harassment involved
• The minor's prior record

In practice, many consensual teen sexting cases are handled through informal resolution or diversion rather than formal charges. Maine has been expanding community-based juvenile diversion programs that allow eligible youth to avoid the court system by completing behavioral requirements and addressing the harm caused.

Juvenile vs. Adult Charges

In rare cases involving aggravating factors, a prosecutor can seek to have a juvenile tried as an adult. This is more likely when the offense involves distribution to multiple people, coercion, or a significant age gap between the parties.

Revenge Porn Laws (§511-A)

Maine criminalizes non-consensual image sharing under 17-A M.R.S. §511-A, titled "Unauthorized Dissemination of Certain Private Images." This statute is separate from the child exploitation laws and applies to images of persons of any age.

Elements of the Offense

A person is guilty under §511-A if they intentionally or knowingly disseminate, display, or publish an image of another person in a state of nudity or engaged in a sexual act when:

• The depicted person is identifiable from the image or accompanying information
• The depicted person has not consented to the dissemination
• The offender acts with intent to harass, torment, or threaten the depicted person

Penalty

This offense is a Class D crime, punishable by up to 364 days in jail and a fine of up to $2,000.

2025 Update: AI-Generated Deepfake Images

In June 2025, Maine enacted LD 1944 (Public Law 2025, Chapter 400), which expanded §511-A to cover artificially generated private images, including AI-generated deepfakes. The updated law now explicitly covers:

• Computer-generated or AI-created images
• Digitally altered or manipulated photos and videos
• Animations and livestreams
• Other electronic formats

This means that creating and sharing a realistic AI-generated nude image of someone without their consent is now a crime in Maine, even if no original photograph ever existed.

Court Records

Section 511-A does not itself set a sealing standard, a public or media disclosure test, or a hearing requirement. Subsection 5 delegates the question: access to and dissemination of the private images described in subsection 1, and any written information describing and directly pertaining to those images contained in court records, are governed by rule or administrative order adopted by the Supreme Judicial Court. How such material is handled in a given case therefore depends on the applicable Supreme Judicial Court rule or administrative order rather than on the text of the statute.

Federal Law: The TAKE IT DOWN Act

Federal law also reaches this conduct. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) added 47 U.S.C. § 223(h), making it a federal crime to publish an intimate image of an identifiable person without consent, whether the image is authentic or an AI-generated digital forgery. Publishing an authentic image carries up to 2 years in prison, or 3 years if the victim is a minor. Threatening to publish a digital forgery carries a lower penalty, up to 18 months, or 30 months if the victim is a minor, but threatening to publish an authentic image is punished the same as actually publishing it. Covered platforms must also remove a reported image within 48 hours of a valid request, a duty that became enforceable in 2026. Separately, 15 U.S.C. § 6851 (enacted 2022) allows victims to sue for civil damages of at least $150,000 in liquidated damages or actual damages plus attorney fees; whether it reaches AI-generated forgeries remains legally unsettled.

Sex Offender Registration

Convictions under Maine's sexual exploitation statutes (§282, §283, §284) may trigger registration requirements under the Maine Sex Offender Registration and Notification Act.

Registration Tiers

For offenses committed on or after January 1, 2013, Maine uses a tier-based system under Title 34-A, Chapter 17:

• Tier I: 10 years of registration
• Tier II: 25 years of registration
• Tier III: Lifetime registration

For offenses committed before January 1, 2013, the older system under Title 34-A, Chapter 15 applies, with either 10-year or lifetime registration depending on the severity of the offense.

Impact of Registration

Being placed on the sex offender registry affects many areas of life:

• Public listing on the Maine Sex Offender Registry website
• Restrictions on housing near schools, parks, and playgrounds
• Employment limitations
• Travel restrictions

Because the Romeo and Juliet exception prevents a violation from occurring in the first place, teens who qualify for the exception are not convicted and therefore do not have to register.

What to Do If Charged

If you or your child faces investigation for a sexting-related offense in Maine, these steps are important:

1. Take it seriously. These are sex offense charges that can carry prison time and registration requirements.
2. Do not delete evidence. Destroying images after an investigation begins can result in additional charges for falsifying physical evidence.
3. Exercise your right to remain silent. Politely decline to answer law enforcement questions until you have spoken with an attorney.
4. Consult a criminal defense attorney. Seek a lawyer experienced in juvenile law and sex offenses. They can evaluate whether the Romeo and Juliet exception applies.
5. Contact the Maine Lawyer Referral Service at mainebar.org for help finding qualified legal representation.

More Maine Laws

• Maine Deepfake Laws
• Maine Expungement Laws