Pornography is generally considered protected speech at the federal level under the First Amendment of the United States Constitution. However, Maine applies a number of limitations.
Obscenity
“Obscene material,” under M.R.S. 17 §2911(2), is content which:
- By contemporary community‑standards for minors appeals to prurient interest;
- Depicts sexual acts, genitals, masturbation, excretory functions or lewd exhibitions in a patently offensive way; and
- When viewed as a whole, lacks serious literary, artistic, political or scientific value.
Under M.R.S. 17 §2912, the display of printed material which contains obscene material on the cover in places accessible to minors is prohibited unless the cover is obscured (covered) so that minors cannot see the obscene content.
Furthermore, M.R.S. 17 §2913 criminalizes the exhibition or showing of obscene motion pictures to minors (or allowing minors to view them) at outdoor theatres.
Content Involving Minors
Much like (and in conjunction with) U.S. Federal Law, content involving minors is expressly illegal to possess, consume, or distribute. Maine sets the age of majority at 16 in many circumstances, rather than 18 under Federal Law. However, given the Supremacy Clause as prescribed by the Constitution, Maine’s laws functionally abide by the federal standard.
- Under M.R.S. 17 §283, the distribution of content depicting an individual under the age of 16 (functionally the age of 18 per Federal Law) is expressly illegal. This includes possession with the intent to distribute.
- Under M.R.S. 17 §284, possession, exhibition, purchase, or intent to view content depicting an individual under the age of 16 (functionally the age of 18 per Federal Law) is expressly illegal.
Penalties are severe and commonly result in lengthy prison sentences.
Import and Distribution
Aside from laws mentioned previously, there are no other Maine laws which prohibit the importation or distribution of pornographic materials. However, federal laws still apply. These include:
- Mailing Obscene Material (18 U.S.C. §§ 1461, §§ 1462, §§ 1463)
- Importation of Immoral Articles (19 U.S.C. § 1305)
Revenge Porn
Maine expressly criminalizes revenge porn in M.R.S. 17 §511-A.
An individual has violated this statute if they distribute, display, or publish a nude or sexual image in which the individual is identifiable and has not given their consent to the action. This covers both printed and digital materials, but makes exceptions for legitimate purposes such as medical treatment or voluntary exposure in a public/commercial setting.
In 2025, Maine’s revenge porn law was updated to include images which are AI-generated, deepfakes, or otherwise digitally modified.