Bill would add digital images to indecency laws

6 years ago

AUGUSTA, Maine — A bill from Sen. Mike Carpenter, D-Houlton, would amend existing indecent conduct laws to include the unwelcome sending of digital images of genitals. 

LD 1838, “An Act To Amend the Laws Governing Indecent Conduct To Include Distribution of Photographic Images” received a public hearing in the Legislature’s Committee on Criminal Justice and Public Safety on Feb. 28.

“In this digital age, there so many ways to communicate or harass someone, whether it is online, over-the-phone or in person. We need to take this into consideration and make reasonable updates to Maine law to protect the safety of our kids from predators,” said Sen. Carpenter. “I look forward to working with my colleagues on the Criminal Justice and Public Safety on this bill. The law failed the five girls in Aroostook County last year, but I am hopeful we can deter this type of repulsive behavior in the future.”

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 Carpenter submitted this bill after a court case revealed Maine’s indecent exposure laws were out of date with major technological advances.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 photos 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.”

This bill would update state law to ensure that electronic communication and digital images would be included in the definition of indecent conduct.

LD 1838 faces further action in the Committee on Criminal Justice and Public Safety.