Criminal Justice committee votes unanimously to expand indecent conduct laws to include digital images
AUGUSTA — The Legislature’s Criminal Justice and Public Safety Committee unanimously recommended the passage of LD 1838 on Monday, a bill sponsored by Sen. Mike Carpenter, D-Houlton, that would amend existing indecent conduct laws to include the unwelcome sending of digital images of genitals.
“In today’s digital age, there are so many ways to misuse our ever-expanding technology. Our current indecent exposure laws have simply not kept up,” said Sen. Carpenter. “This bill will help ensure that our young people are protected from harassment — either online, over-the-phone or in person. I am glad that my colleagues on the Criminal Justice and Public Safety worked together to pass this bill in bipartisan manner.”
Sen. Carpenter submitted this bill after a court case revealed Maine’s indecent exposure laws were out of date with major technological advances. The case involved a 25 year-old man from Presque Isle who sent sexually explicit photo to five minors through Facebook Messenger. Although the Aroostook County Superior Court found him guilty for indecent conduct, the Maine Law Court reversed the ruling. The higher court found that the man’s actions — while reprehensible — could not be considered indecent exposure since images transmitted over the internet were deemed legally insufficient to constitute an “exposure.”
The amended version of the bill would update state law to make electronic communication and digital images of sexual acts or of another person’s genitals to anyone under 14 years old a class D crime. This change would also apply to anyone 14 or 15 years old who receives such communications from anyone at least 5 years or older.
In addition, the bill makes anyone who sends such images guilty of a class E crime if they send these images after being notified by the person receiving the messages that they do not consent to receiving the images or videos.
LD 1838 will go before the full Legislature in the coming weeks.
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