WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) 1 A person may not use or display in an advertisement a picture, image or likeness of a minor except by written permission of the minor's parent or guardian.
(2) 2 A person may not use or display in an advertisement a picture, image or likeness of a specific minor artificially generated by technology, including artificial intelligence technology.
(3) A minor or the parent or guardian of a minor whose picture, image or likeness is used or displayed in an advertisement in violation of this section may bring a civil action against the person who used or displayed the picture, image or likeness for legal and equitable relief, including actual damages, compensatory damages, punitive damages and injunctive relief. A minor or the parent or guardian of a minor who prevails in an action under this subsection is entitled to an award of reasonable attorney's fees and court costs, including expert witness fees.
This new section creates two distinct prohibitions on the use of minor images in advertising: one requiring written parental or guardian consent for any use of a minor's picture, image, or likeness, and a second categorically prohibiting the use of AI-generated images of a specific minor in advertising — with no parental consent exception. The categorical AI prohibition is notable: even a parent cannot authorize an AI-generated depiction of their child in an advertisement.
The section establishes a private right of action allowing the minor or a parent/guardian to sue for actual damages, compensatory damages, punitive damages, injunctive relief, and attorney's fees including expert witness fees. No statutory minimum or cap on damages is specified.
(A) 3 The person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, newspaper, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts or that, through the use of artificial intelligence technology, is designed to artificially depict any person who has not in fact attained 16 years of age who the person knows or has reason to know is a person under 16 years of age engaging in sexually explicit conduct, except that it is not a violation of this paragraph if the person depicted is 14 or 15 years of age and the person is less than 5 years older than the person depicted. Violation of this paragraph is a Class C crime;
This section amends Maine's existing criminal prohibition on dissemination of sexually explicit material depicting minors under 16 to extend coverage to AI-generated depictions. The amendment adds language specifying that material which, through the use of artificial intelligence technology, is designed to artificially depict a person under 16 engaging in sexually explicit conduct falls within the prohibition. The existing close-in-age exception (depicted person 14 or 15 and disseminator less than 5 years older) is preserved. The offense remains a Class C crime.
(C) 4 The person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, newspaper, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts or that, through the use of artificial intelligence technology, is designed to artificially depict any minor who is less than 12 years of age who the person knows or has reason to know is a minor less than 12 years of age engaging in sexually explicit conduct. Violation of this paragraph is a Class B crime; or
This section makes the parallel amendment for the more serious offense involving minors under 12. As with the under-16 provision, it adds language extending the prohibition to material that, through the use of artificial intelligence technology, is designed to artificially depict a minor under 12 engaging in sexually explicit conduct. No close-in-age exception applies at this age tier. The offense is a Class B crime, reflecting the heightened severity for younger victims.