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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 23. OFFENSES AGAINST THE FAMILY
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Title 17-A - §551. Bigamy
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§551. Bigamy
1. A person is guilty of bigamy if, having a spouse, he intentionally marries or purports to marry, knowing that he is legally
ineligible to do so.
[1975, c. 499, § 1 (new).]
2. Bigamy is a Class E crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §552. Nonsupport of dependents
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§552. Nonsupport of dependents
1. A person is guilty of nonsupport of dependents if he knowingly fails to provide support which he is able by means of property
or capacity for labor to provide and which he knows he is legally obliged to provide to a spouse, child or other person declared
by law to be his dependent.
[1975, c. 499, §1 (new).]
2. As used in this section, "support" includes but is not limited to food, shelter, clothing and other necessary care.
[1975, c. 499, §1 (new).]
2-A. Prosecution may be brought in any venue where either the dependent or the defendant resides.
[1981, c. 657, §1 (new).]
3. Nonsupport of dependents is a Class E crime.
[1975, c. 499, §1 (new).]
4. A person placed on probation as a result of a violation of this section may be placed under the supervision of the Department
of Health and Human Services. Notwithstanding any other provision of law, the period of probation may extend to the time when
the youngest dependent attains the age of 18.
[1975, c. 499, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1975,
Ch. 293,
§4
(AMD).
PL 1975,
Ch. 499,
§1
(NEW).
PL 1981,
Ch. 657,
§1
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §553. Abandonment of child
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§553. Abandonment of child
1. A person is guilty of abandonment of a child if, being a parent, guardian or other person legally charged with the long-term
care and custody of a child under 14 years of age, or a person to whom the long-term care and custody of a child under 14
years of age has been expressly delegated:
A. The person leaves the child in a place with the intent to abandon the child. Violation of this paragraph is a Class D crime;
or
[2001, c. 383, §68 (new); §156 (aff).]
B. The person leaves the child who is less than 6 years of age in a place with the intent to abandon the child. Violation
of this paragraph is a Class C crime.
[2001, c. 383, §68 (new); §156 (aff).]
[2001, c. 383, §68 (amd); §156 (aff).]
2.
[2001, c. 383, §69 (rp); §156 (aff).]
3. It is an affirmative defense to a prosecution under this section that, at the time the offense occurred:
A. The child was less than 31 days of age; and
[2001, c. 543, §1 (new).]
B. The child was delivered by the person charged under this section to an individual the person reasonably believed to be:
(1) A law enforcement officer;
(2) Staff at a medical emergency room;
(3) A medical services provider as defined in Title 22, section 4018; or
(4) A hospital staff member at a hospital.
[2001, c. 543, §1 (new).]
[2001, c. 543, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1995,
Ch. 694,
§C2
(AMD).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§68,69
(AMD).
PL 2001,
Ch. 543,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §554-A. Unlawful transfer of a firearm to a minor
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§554-A. Unlawful transfer of a firearm to a minor
1. As used in this section, the following terms have the following meanings.
A. "Transfer" means to sell, furnish, give, lend, deliver or otherwise provide, with or without consideration.
[1995, c. 263, §3 (new).]
B. "Minor" means a person under 16 years of age.
[1995, c. 263, §3 (new).]
[1995, c. 263, §3 (new).]
2. Except as provided in section 554-B, a person is guilty of unlawfully transferring a firearm to a minor if that person,
who is not the parent, foster parent or guardian of the minor, knowingly transfers a firearm to a minor.
[2003, c. 188, §1 (amd).]
3. It is an affirmative defense to a prosecution under subsection 2 that:
A. The actor reasonably believed the person receiving the firearm had attained 16 years of age. A reasonable belief can not
be based solely upon the physical appearance of the person or upon the oral representation of that person as to that person's
age; or
[1995, c. 263, §3 (new).]
B. The transfer of the firearm to the minor was approved by the parent, foster parent or guardian of the minor.
[1995, c. 263, §3 (new).]
[1995, c. 263, §3 (new).]
4. Unlawful transfer of a firearm to a minor is a Class D crime.
[1995, c. 263, §3 (new).]
Section History:
PL 1995,
Ch. 263,
§3
(NEW).
PL 2003,
Ch. 188,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §554-B. Unlawful transfer of handgun to minor
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§554-B. Unlawful transfer of handgun to minor
1. As used in this section, the following terms have the following meanings.
A. "Handgun" means a firearm that has a short stock and is designed to be held and fired by the use of a single hand, or any
combination of parts from which a handgun can be assembled.
[2003, c. 188, §2 (new).]
B. "Minor" means a person under 18 years of age.
[2003, c. 188, §2 (new).]
C. "Transfer" means to sell, furnish, give, lend, deliver or otherwise provide, with or without consideration.
[2003, c. 188, §2 (new).]
[2003, c. 188, §2 (new).]
2. A person is guilty of unlawfully transferring a handgun to a minor if that person knowingly transfers a handgun to a person
who the transferor knows or has reasonable cause to believe is a minor.
[2003, c. 188, §2 (new).]
3. This section does not apply to:
A. A temporary transfer of a handgun to a minor:
(1) With the prior written consent of the minor's parent or guardian and that parent or guardian is not prohibited by federal,
state or local law from possessing a firearm; or
(2) In the course of employment, target practice, hunting or instruction in the safe and lawful use of a handgun.
The minor may transport an unloaded handgun in a locked container directly from the place of transfer to a place at which
an activity described in this subparagraph is to take place and directly from the place at which such an activity took place
to the transferor;
[2003, c. 188, §2 (new).]
B. A minor who is a member of the United States Armed Forces or the National Guard who possesses or is armed with a handgun
in the line of duty;
[2003, c. 188, §2 (new).]
C. A transfer by inheritance of title to, but not possession of, a handgun to a minor; or
[2003, c. 188, §2 (new).]
D. The transfer of a handgun to a minor when the minor takes the handgun in self-defense or in defense of another person against
an intruder into the residence of the minor or a residence in which the minor is an invited guest.
[2003, c. 188, §2 (new).]
[2003, c. 188, §2 (new).]
4. The State may not permanently confiscate a handgun that is transferred to a minor in circumstances in which the transferor
is not in violation of this section and if the possession of the handgun by the minor subsequently becomes unlawful because
of the conduct of the minor. When that handgun is no longer required by the State for the purposes of investigation or prosecution,
the handgun must be returned to the lawful owner.
[2003, c. 188, §2 (new).]
5. The following penalties apply.
A. A person who violates this section commits a Class D crime, except as provided in paragraph B.
[2003, c. 188, §2 (new).]
B. A person who violates this section and, at the time of the offense, has a prior conviction for unlawfully transferring a
handgun to a minor commits a Class C crime. Section 9-A governs the use of prior convictions when determining a sentence.
[2003, c. 188, §2 (new).]
[2003, c. 188, §2 (new).]
Section History:
PL 2003,
Ch. 188,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §554. Endangering the welfare of a child
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§554. Endangering the welfare of a child
1. A person is guilty of endangering the welfare of a child if that person:
A. Knowingly permits a child under 16 years of age to enter or remain in a house of prostitution;
[1991, c. 672, §1 (new).]
B. Knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a child under 16 years of age any intoxicating
liquor, cigarettes, tobacco, air rifles, gunpowder, smokeless powder or ammunition for firearms;
[1999, c. 11, §1 (amd).]
B-1. Being the parent, foster parent, guardian or other person having the care and custody of the child, cruelly treats that
child by abuse, neglect or extreme punishment;
[2001, c. 429, §1 (amd).]
B-2. Being a parent, foster parent, guardian or other person responsible for the long-term general care and welfare of a child
under 16, recklessly fails to take reasonable measures to protect the child from the risk of further bodily injury after knowing:
(1) That the child had, in fact, sustained serious bodily injury or bodily injury under circumstances posing a substantial
risk of serious bodily injury; and
(2) That such bodily injury was, in fact, caused by the unlawful use of physical force by another person;
[2005, c. 373, §1 (amd).]
B-3. Being the parent, foster parent, guardian or other person having the care and custody of the child, knowingly deprives the
child of necessary health care, with the result that the child is placed in danger of serious harm; or
[2005, c. 373, §2 (new).]
C. Otherwise recklessly endangers the health, safety or welfare of a child under 16 years of age by violating a duty of care
or protection.
[1991, c. 672, §1 (new).]
[2005, c. 373, §§1, 2 (amd).]
2. It is an affirmative defense to prosecution under this section that:
A. The defendant was the parent, foster parent, guardian or other similar person responsible for the long-term general care
and welfare of a child under 16 years of age who furnished the child cigarettes, tobacco or a reasonable amount of intoxicating
liquor in the actor's home and presence;
[1991, c. 672, §2 (amd).]
B. The defendant was a person acting pursuant to authority expressly or impliedly granted in Title 22; or
[1991, c. 672, §2 (amd).]
C. The defendant was the parent, foster parent, guardian or an adult approved by the parent, foster parent or guardian who
furnished a child under 16 years of age an air rifle, gunpowder, smokeless powder or ammunition for a firearm for use in a
supervised manner.
[1999, c. 11, §2 (amd).]
[1999, c. 11, §2 (amd).]
3. Endangering the welfare of a child is a Class D crime, except that a violation of subsection 1, paragraph B-2 is a Class
C crime.
[2001, c. 429, §3 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§71
(AMD).
PL 1977,
Ch. 696,
§170
(AMD).
PL 1989,
Ch. 445,
§7
(AMD).
PL 1991,
Ch. 672,
§1,2
(AMD).
PL 1995,
Ch. 263,
§1,2
(AMD).
PL 1995,
Ch. 694,
§C3,4
(AMD).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1999,
Ch. 11,
§1,2
(AMD).
PL 2001,
Ch. 429,
§1-3
(AMD).
PL 2005,
Ch. 373,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §555. Endangering welfare of dependent person
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§555. Endangering welfare of dependent person
1. A person is guilty of endangering the welfare of a dependent person if:
A. The person recklessly endangers the health, safety or mental welfare of a dependent person who is unable to perform self-care
because of advanced age or physical or mental disease, disorder or defect. Violation of this paragraph is a Class D crime;
or
[2005, c. 431, §1 (new).]
B. The person intentionally or knowingly endangers the health, safety or mental welfare of a dependent person who is unable
to perform self-care because of advanced age or physical or mental disease, disorder or defect. Violation of this paragraph
is a Class C crime.
[2005, c. 431, §1 (new).]
[2005, c. 431, §1 (rpr).]
2. As used in this section, "endangers" includes a failure to act only when the defendant has a legal duty to protect the health,
safety or mental welfare of the dependent person. For purposes of this section, a legal duty may be inferred if the defendant
has assumed responsibility for the care of the dependent person.
[2005, c. 431, §1 (rpr).]
3.
[2005, c. 431, §1 (rp).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1995,
Ch. 110,
§1
(AMD).
PL 2001,
Ch. 111,
§1
(AMD).
PL 2005,
Ch. 431,
§1
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §556. Incest
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§556. Incest
1. A person is guilty of incest if the person is at least 18 years of age and:
A. Engages in sexual intercourse with another person who the actor knows is related to the actor within the 2nd degree of consanguinity.
Violation of this paragraph is a Class D crime; or
[2001, c. 383, §70 (new); §156 (aff).]
B. Violates paragraph A and, at the time of the incest, the person has 2 or more prior Maine convictions for violations of
this section. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph
is a Class C crime.
[2001, c. 383, §70 (new); §156 (aff).]
[2001, c. 383, §70 (rpr); §156 (aff).]
1-A. It is a defense to a prosecution under this section that, at the time the actor engaged in sexual intercourse with the other
person, the actor was legally married to the other person.
[1989, c. 401, Pt. A, §7 (amd).]
1-B. As used in this section "sexual intercourse" means any penetration of the female sex organ by the male sex organ. Emission
is not required.
[1989, c. 401, Pt. A, §7 (new).]
1-C. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the following meanings.
A. When the actor is a woman, it means the other person is her father, grandfather, son, grandson, brother, brother's son,
sister's son, father's brother or mother's brother.
[2001, c. 383, §71 (new); §156 (aff).]
B. When this actor is a man, it means the other person is his mother, grandmother, daughter, granddaughter, sister, brother's
daughter, sister's daughter, father's sister or mother's sister.
[2001, c. 383, §71 (new); §156 (aff).]
[2001, c. 383, §71 (new); §156 (aff).]
2.
[2001, c. 383, §72 (rp); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§72
(AMD).
PL 1977,
Ch. 510,
§57
(AMD).
PL 1989,
Ch. 401,
§A7
(AMD).
PL 1993,
Ch. 451,
§3
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§70-72
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §557. Other defenses
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 23: OFFENSES AGAINST THE FAMILY
§557. Other defenses
For the purposes of this chapter, a person who in good faith provides treatment for a child or dependent person by spiritual
means through prayer may not for that reason alone be determined to have knowingly endangered the welfare of that child or
dependent person.
[2005, c. 373, §3 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1995,
Ch. 110,
§2
(AMD).
PL 2005,
Ch. 373,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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