Maine Sexting Laws (2026 Guide)


Unlike some states that have created specific “teen sexting” statutes to decriminalize consensual image sharing between minors, Maine does not have a dedicated sexting law. Instead, sexting allegations are prosecuted under the state’s existing child pornography and sexual exploitation statutes found in Title 17-A, Chapter 12. While this sounds severe, Maine law includes specific “Romeo and Juliet” exceptions that prevent criminal liability for teens close in age.

The penalties for sexting in Maine depend heavily on the ages of the individuals involved and the specific nature of the conduct (production, distribution, or simple possession). Adults who sext with minors face severe felony charges, while revenge porn is prosecuted under a separate statute updated in 2025.

Key Points

  • Specific Teen Sexting Law: No (uses Child Porn statutes)
  • Romeo & Juliet Exception: Yes (for ages 14-15, < 5 years gap)
  • Minor-to-Minor: Class D crime to Class B crime
  • Adult-to-Minor: Class C or B felony
  • Revenge Porn Law: Yes (17-A §511-A)
  • Sex Offender Registration: Required for convictions

Penalties at a Glance

  • Possession (Class D): Up to 364 days jail, $2,000 fine
  • Distribution (Class C): Up to 5 years prison, $5,000 fine
  • Production (Class B): Up to 10 years prison, $20,000 fine
  • Revenge Porn (Class D): Up to 364 days jail, $2,000 fine

Table of Contents

How Maine Law Treats Teen Sexting

Maine handles sexting cases using three primary statutes under the Maine Criminal Code (Title 17-A). Because there is no “sexting” misdemeanor infraction, prosecutors must use these serious charges or decline to prosecute. The specific charge depends on the action taken:

  • Production: Asking for or taking the photo (§282)
  • Distribution: Sending or showing the photo (§283)
  • Possession: Receiving or keeping the photo (§284)

For minors, the most critical part of these laws is the built-in exception for peers close in age. Without meeting this exception, a minor can be charged with a felony-level sex offense.

Production & Solicitation (§282)

The most serious offense 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 creating a photograph or video.

Crucially for sexting cases: This statute applies if one teen asks another teen (under 16) to send a nude photo. “Soliciting” or “enticing” covers the act of asking for the image.

  • Standard Classification: Class B Crime (Felony equivalent)
  • If Victim is Under 12: Class A Crime
  • Mandatory Minimum: 5 years imprisonment (unless suspended with written justification)

Distribution & Dissemination (§283)

Sending, sharing, or showing an explicit image of a minor is prosecuted as “Dissemination of Sexually Explicit Material” under 17-A M.R.S. §283. This applies to:

  • Sending a sext you received to someone else
  • Showing a photo on your phone to friends
  • Posting the image online

This law applies if the person knows or has reason to know the depicted person is under 16.

  • Standard Classification: Class C Crime (Felony equivalent)
  • If Victim is Under 12: Class B Crime

Possession of Explicit Material (§284)

Simply having the image on a device falls under “Possession of Sexually Explicit Material” via 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.

  • Standard Classification: Class D Crime (Misdemeanor equivalent)
  • If Victim is Under 12: Class C Crime

Note on “Contraband”: Under §284(4), any material depicting a person under 16 engaged in sexually explicit conduct is declared contraband and can be seized by the State, regardless of whether criminal charges are filed.

The “Romeo and Juliet” Exceptions

Maine law includes a specific statutory defense directly within sections 282, 283, and 284. This is the primary protection for teen sexting.

The Exception Rule:
It is NOT a violation of the statute if:

  1. The person depicted in the image is 14 or 15 years of age; AND
  2. The person charged (the sender/receiver) is less than 5 years older than the person depicted.

Important Limitations

  • Under 14: If the child in the photo is under 14, this exception does not apply. The charges stand regardless of the age gap.
  • Age Gap: If the sender is 5 or more years older (e.g., a 19-year-old and a 14-year-old), the exception does not apply.
  • Spousal Defense: It is also a defense under §284(2) if the person depicted was the spouse of the person possessing the material.

Penalties and Sentencing

Maine classifies crimes by letters A through E. In the context of sexting and child exploitation, the potential penalties are significant:

Classification Maximum Prison Time Maximum Fine Typical Offense Type
Class A Up to 30 years $50,000 Production with victim < 12
Class B Up to 10 years $20,000 Production / Solicitation (§282)
Class C Up to 5 years $5,000 Distribution (§283)
Class D Up to 364 days $2,000 Possession (§284) / Revenge Porn

Note: Maine statutes refer to “imprisonment” for both jail (county) and prison (state) sentences. Class D and E crimes are typically served in county jail.

Revenge Porn Laws (§511-A)

Maine addresses non-consensual image sharing (“revenge porn”) under 17-A M.R.S. §511-A, titled “Unauthorized dissemination of certain private images.”

A person is guilty of this offense if they intentionally or knowingly disseminate an image of another person in a state of nudity or engaged in a sexual act, when they know or should know that:

  • The person is identifiable; AND
  • The person has not consented to the dissemination.

Intent Requirement

The law requires the offender to act with the intent to harass, torment, or threaten the depicted person or another person.

2025 Updates

Recent amendments have modernized the definition of “image” to explicitly include “computer data files, animations, livestreams,” and other electronic formats. This ensures that new technologies are covered under the law.

  • Penalty: Class D Crime (up to 364 days in jail and $2,000 fine).

Sex Offender Registration

Convictions under Maine’s sexual exploitation statutes (§282, §283, §284) generally require registration under the Maine Sex Offender Registration and Notification Act of 2013 (Title 34-A, Chapter 15).

  • Duration: Registration is typically for 10 years or lifetime, depending on the severity of the offense and prior history.
  • Public Registry: Registrants are often listed on the public Maine Sex Offender Registry website.
  • Impact: Registration can restrict housing options, employment opportunities, and the ability to be near schools or parks.

Because the “Romeo and Juliet” exception in the statutes 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.

Frequently Asked Questions

Is sexting a felony in Maine?

It can be. Soliciting a minor to produce an image (§282) is a Class B crime (felony equivalent), and distributing images (§283) is a Class C crime. Simple possession (§284) is a Class D crime (misdemeanor equivalent). However, if the “Romeo and Juliet” exception applies, there is no crime.

What if I only showed the picture to one friend?

Showing the picture to even one person constitutes “dissemination” under §283. This is a Class C crime, which is more serious than simple possession.

Does the law apply to Snapchat or disappearing messages?

Yes. The definition of “image” and “material” in Maine law covers computer data files and electronic reproductions. The fact that an image disappears from the screen does not mean it wasn’t “possessed” or “disseminated” legally.

Can my school get involved?

Yes. Schools often have policies regarding the use of technology and bullying. If sexting happens on school grounds or disrupts the school environment, administrators may take disciplinary action and are mandatory reporters required to contact law enforcement.

What if the photo is of myself?

You cannot be charged with possessing or distributing your own image under these statutes. The laws specifically refer to material depicting “another person.”

Can parents be charged?

Parents are generally not criminally liable for their child’s actions unless they facilitated the crime. However, under §282(1)(D), a parent or guardian who knowingly permits a minor under 16 to engage in sexually explicit conduct for photography can be charged with a Class B crime.

What to Do If Charged

If you or your child are facing investigation for sexting in Maine:

  • Do not panic, but take it seriously. These are sex offense charges with potential registration requirements.
  • Do not delete evidence. Deleting images after an investigation starts can lead to “Falsifying Physical Evidence” charges.
  • Do not talk to police. You have the right to remain silent. Politely decline to answer questions until you have a lawyer.
  • Consult a criminal defense attorney. Look for a lawyer with experience in juvenile law and sex offenses. They can help determine if the “Romeo and Juliet” exception applies to your case.

Resources

Legal Resources

Support & Education

Disclaimer: This article provides general legal information about Maine laws as of February 2026. It is not legal advice. Laws are subject to change. If you are facing legal issues, please consult with a qualified attorney in Maine.

Leave a Comment