USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 11. SEX ASSAULTS (HEADING. PL 1989, c. 401, Pt. A, @1 (rpr))
Title 17-A - §251. Definitions and general provisions
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§251. Definitions and general provisions
1. In this chapter the following definitions apply.
A. "Spouse" means a person legally married to the actor, but does not include a legally married person living apart from the
actor under a defacto separation.
[1975, c. 499, §1 (new).]
B.
[1989, c. 401, Pt. A, §2 (rp).]
C. "Sexual act" means:
(1) Any act between 2 persons involving direct physical contact between the genitals of one and the mouth or anus of the
other, or direct physical contact between the genitals of one and the genitals of the other;
(2) Any act between a person and an animal being used by another person which act involves direct physical contact between
the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals
of the other; or
(3) Any act involving direct physical contact between the genitals or anus of one and an instrument or device manipulated
by another person when that act is done for the purpose of arousing or gratifying sexual desire or for the purpose of causing
bodily injury or offensive physical contact.
A sexual act may be proved without allegation or proof of penetration.
[1985, c. 495, §5 (rpr).]
D. "Sexual contact" means any touching of the genitals or anus, directly or through clothing, other than as would constitute
a sexual act, for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive
physical contact.
[1985, c. 495, §6 (amd).]
E. "Compulsion" means the use of physical force, a threat to use physical force or a combination thereof that makes a person
unable to physically repel the actor or produces in that person a reasonable fear that death, serious bodily injury or kidnapping
might be imminently inflicted upon that person or another human being.
"Compulsion" as defined in this paragraph places no duty upon the victim to resist the actor.
[1991, c. 457 (amd).]
F. "Safe children zone" means on or within 1,000 feet of the real property comprising a public or private elementary or secondary
school or on or within 1,000 feet of the real property comprising a day care center licensed pursuant to Title 22, section
8301-A.
[1997, c. 768, §1 (new).]
G. "Sexual touching" means any touching of the breasts, buttocks, groin or inner thigh, directly or through clothing, for the
purpose of arousing or gratifying sexual desire.
[2003, c. 138, §1 (new).]
[2003, c. 138, §1 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§44
(AMD).
PL 1981,
Ch. 252,
§1
(AMD).
PL 1985,
Ch. 495,
§5,6
(AMD).
PL 1989,
Ch. 401,
§A2
(AMD).
PL 1991,
Ch. 457,
§
(AMD).
PL 1997,
Ch. 768,
§1
(AMD).
PL 2003,
Ch. 138,
§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 - §252. Rape (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§252. Rape (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§45-47
(AMD).
PL 1981,
Ch. 252,
§2
(AMD).
PL 1985,
Ch. 247,
§1
(AMD).
PL 1985,
Ch. 414,
§1
(AMD).
PL 1987,
Ch. 255,
§1
(AMD).
PL 1989,
Ch. 401,
§A3
(RP ).
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 - §253. Gross sexual assault
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§253. Gross sexual assault
1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:
A. The other person submits as a result of compulsion, as defined in section 251, subsection 1, paragraph E. Violation of
this paragraph is a Class A crime;
[2003, c. 711, Pt. B, §2 (amd).]
B. The other person, not the actor's spouse, has not in fact attained the age of 14 years. Violation of this paragraph is
a Class A crime; or
[2003, c. 711, Pt. B, §2 (amd).]
C. The other person, not the actor's spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class
A crime.
[2003, c. 711, Pt. B, §2 (new).]
[2003, c. 711, Pt. B, §2 (amd).]
2. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:
A. The actor has substantially impaired the other person's power to appraise or control the other person's sexual acts by administering
or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime;
[2001, c. 383, §15 (amd); §156 (aff).]
B. The actor compels or induces the other person to engage in the sexual act by any threat. Violation of this paragraph is
a Class B crime;
[2001, c. 383, §15 (amd); §156 (aff).]
C. The other person suffers from mental disability that is reasonably apparent or known to the actor, and which in fact renders
the other person substantially incapable of appraising the nature of the contact involved or of understanding that the person
has the right to deny or withdraw consent. Violation of this paragraph is a Class B crime;
[2001, c. 383, §15 (amd); §156 (aff).]
D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual act.
Violation of this paragraph is a Class B crime;
[2001, c. 383, §15 (amd); §156 (aff).]
E. The other person, not the actor's spouse, is in official custody as a probationer or a parolee, or is detained in a hospital,
prison or other institution, and the actor has supervisory or disciplinary authority over the other person. Violation of
this paragraph is a Class B crime;
[2001, c. 383, §15 (amd); §156 (aff).]
F. The other person, not the actor's spouse, has not in fact attained the age of 18 years and is a student enrolled in a private
or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee
or other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph
is a Class C crime;
[2001, c. 383, §15 (amd); §156 (aff).]
G. The other person, not the actor's spouse, has not attained the age of 18 years and is a resident in or attending a children's
home, day care facility, residential child care facility, drug treatment center, camp or similar school, facility or institution
regularly providing care or services for children, and the actor is a teacher, employee or other person having instructional,
supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class C crime;
[2001, c. 383, §15 (amd); §156 (aff).]
H. The other person has not in fact attained the age of 18 years and the actor is a parent, stepparent, foster parent, guardian
or other similar person responsible for the long-term care and welfare of that other person. Violation of this paragraph
is a Class B crime;
[2001, c. 383, §16 (amd); §156 (aff).]
I. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist
or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client for
mental health therapy of the actor. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment
modalities intended to change behavior, emotions or attitudes, which therapy is based upon an intimate relationship involving
trust and dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class C crime;
or
[2001, c. 383, §16 (amd); §156 (aff).]
J. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed
or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from
the organization, program or residence and the organization, program or residence recognizes the other person as a person
with mental retardation. It is an affirmative defense to prosecution under this paragraph that the actor receives services
for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3. Violation
of this paragraph is a Class C crime.
[RR 2003, c. 2, §25 (cor).]
[RR 2003, c. 2, §25 (cor).]
3. It is a defense to a prosecution under subsection 2, paragraph A, that the other person voluntarily consumed or allowed
administration of the substance with knowledge of its nature, except that it is no defense when the other person is a patient
of the actor and has a reasonable belief that the actor is administering the substance for medical or dental examination or
treatment.
[1989, c. 401, Pt. A, §4 (rpr).]
4.
[2001, c. 383, §18 (rp); §156 (aff).]
5.
[2001, c. 383, §19 (rp); §156 (aff).]
6. In using a sentencing alternative involving a term of imprisonment for a person convicted of violating this section, a court
shall, in determining the maximum period of incarceration as the 2nd step in the sentencing process, treat each prior Maine
conviction for a violation of this section as an aggravating sentencing factor.
A. When the sentencing class for a prior conviction under this section is Class A, the court shall enhance the basic period
of incarceration by a minimum of 4 years of imprisonment.
[1993, c. 432, §1 (new).]
B. When the sentencing class for a prior conviction under this section is Class B, the court shall enhance the basic period
of incarceration by a minimum of 2 years of imprisonment.
[1993, c. 432, §1 (new).]
C. When the sentencing class for a prior conviction under this section is Class C, the court shall enhance the basic period
of incarceration by a minimum of one year of imprisonment.
[1993, c. 432, §1 (new).]
In arriving at the final sentence as the 3rd step in the sentencing process, the court may not suspend that portion of the
maximum term of incarceration based on a prior conviction.
[2001, c. 383, §20 (amd); §156 (aff).]
7. If the State pleads and proves that a violation of subsection 1 or subsection 2 was committed in a safe children zone, the
court, in determining the appropriate sentence, shall treat this as an aggravating sentencing factor.
[1997, c. 768, §2 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§48,49
(AMD).
PL 1979,
Ch. 701,
§21
(AMD).
PL 1981,
Ch. 252,
§3
(AMD).
PL 1983,
Ch. 326,
§1-4
(AMD).
PL 1985,
Ch. 247,
§2
(AMD).
PL 1985,
Ch. 414,
§2,3
(AMD).
PL 1985,
Ch. 495,
§7,8
(AMD).
PL 1985,
Ch. 544,
§
(AMD).
PL 1985,
Ch. 737,
§A41
(AMD).
PL 1987,
Ch. 255,
§2
(AMD).
PL 1989,
Ch. 401,
§A4
(RPR).
PL 1991,
Ch. 569,
§
(AMD).
PL 1993,
Ch. 432,
§1
(AMD).
PL 1993,
Ch. 687,
§1-3
(AMD).
PL 1995,
Ch. 429,
§1
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1997,
Ch. 768,
§2
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 383,
§14-20
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2003,
Ch. 711,
§B2
(AMD).
RR 2003,
Ch. 2,
§25
(COR).
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 - §254-A. Written notification not to pursue charges for sexual abuse of a minor
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§254-A. Written notification not to pursue charges for sexual abuse of a minor
A prosecutor who elects not to commence a criminal proceeding for an alleged violation of section 254 shall, at the request
of a parent, surrogate parent or guardian of the alleged victim, inform that person in writing of the reason for not commencing
the proceeding.
[2005, c. 328, §14 (amd).]
Section History:
PL 1995,
Ch. 308,
§1
(NEW).
PL 2005,
Ch. 328,
§14
(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 - §254. Sexual abuse of minors
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§254. Sexual abuse of minors
1. A person is guilty of sexual abuse of a minor if:
A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the
actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime;
[2001, c. 383, §21 (amd); §156 (aff).]
A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree
of consanguinity. Violation of this paragraph is a Class C crime;
[2001, c. 383, §21 (new); §156 (aff).]
A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph
is a Class C crime;
[2001, c. 383, §21 (new); §156 (aff).]
B.
[1989, c. 401. Pt. A, §5 (rp).]
C. The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who is either
16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school,
facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational
unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;
[2001, c. 383, §21 (amd); §156 (aff).]
D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity.
Violation of this paragraph is a Class D crime;
[2003, c. 138, §2 (amd).]
E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph
is a Class D crime; or
[2003, c. 138, §2 (amd).]
F. The person intentionally subjects another person, not the actor's spouse, who is either 14 or 15 years of age to any sexual
contact and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime.
[2003, c. 138, §3 (new).]
[2003, c. 138, §§2, 3 (amd).]
2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1, A-2 and F, that the actor reasonably believed the
other person is at least 16 years of age.
[2003, c. 138, §4 (amd).]
3.
[2001, c. 383, §21 (rp); §156 (aff).]
4. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the meaning set forth in section
556.
[2001, c. 383, §21 (new); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§50
(AMD).
PL 1985,
Ch. 495,
§9,10
(AMD).
PL 1989,
Ch. 401,
§A5
(AMD).
PL 1993,
Ch. 451,
§1
(AMD).
PL 1995,
Ch. 104,
§1-3
(AMD).
PL 1997,
Ch. 460,
§2,3
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§21
(AMD).
PL 2003,
Ch. 138,
§2-4
(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 - §255-A. Unlawful sexual contact
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§255-A. Unlawful sexual contact
1. A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and:
A. The other person has not expressly or impliedly acquiesced in the sexual contact. Violation of this paragraph is a Class
D crime;
[2001, c. 383, §23 (new); §156 (aff).]
B. The other person has not expressly or impliedly acquiesced in the sexual contact and the sexual contact includes penetration.
Violation of this paragraph is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
C. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact.
Violation of this paragraph is a Class D crime;
[2001, c. 383, §23 (new); §156 (aff).]
D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact
and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
E. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older.
Violation of this paragraph is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
E-1. The other person, not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older.
Violation of this paragraph is a Class B crime;
[2003, c. 711, Pt. B, §3 (new).]
F. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older and
the sexual contact includes penetration. Violation of this paragraph is a Class B crime;
[2001, c. 383, §23 (new); §156 (aff).]
F-1. The other person, not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older and
the sexual contact includes penetration. Violation of this paragraph is a Class A crime;
[2003, c. 711, Pt. B, §3 (new).]
G. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders
the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other
person has the right to deny or withdraw consent. Violation of this paragraph is a Class D crime;
[2001, c. 383, §23 (new); §156 (aff).]
H. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders
the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other
person has the right to deny or withdraw consent and the sexual contact includes penetration. Violation of this paragraph
is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
I. The other person, not the actor's spouse, is in official custody as a probationer or parolee or is detained in a hospital,
prison or other institution and the actor has supervisory or disciplinary authority over the other person. Violation of this
paragraph is a Class D crime;
[2001, c. 383, §23 (new); §156 (aff).]
J. The other person, not the actor's spouse, is in official custody as a probationer or parolee or is detained in a hospital,
prison or other institution and the actor has supervisory or disciplinary authority over the other person and the sexual contact
includes penetration. Violation of this paragraph is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
K. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or
public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or
other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph
is a Class D crime;
[2001, c. 383, §23 (new); §156 (aff).]
L. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or
public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or
other official having instructional, supervisory or disciplinary authority over the student and the sexual contact includes
penetration. Violation of this paragraph is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
M. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or
other similar person responsible for the long-term general care and welfare of that other person. Violation of this paragraph
is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
N. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or
other similar person responsible for the long-term general care and welfare of that other person and the sexual contact includes
penetration. Violation of this paragraph is a Class B crime;
[2001, c. 383, §23 (new); §156 (aff).]
O. The other person submits as a result of compulsion. Violation of this paragraph is a Class C crime;
[2001, c. 383, §23 (new); §156 (aff).]
P. The other person submits as a result of compulsion and the sexual contact includes penetration. Violation of this paragraph
is a Class B crime;
[2001, c. 383, §23 (new); §156 (aff).]
Q. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed
or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from
the organization, program or residence and the organization, program or residence recognizes that other person as a person
with mental retardation. It is an affirmative defense to prosecution under this paragraph that the actor receives services
for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3. Violation
of this paragraph is a Class D crime;
[RR 2003, c. 2, §26 (cor).]
R. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed
or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from
the organization, program or residence and the organization, program or residence recognizes that other person as a person
with mental retardation and the sexual contact includes penetration. It is an affirmative defense to prosecution under this
paragraph that the actor receives services for mental retardation or is a person with mental retardation as defined in Title
34-B, section 5001, subsection 3. Violation of this paragraph is a Class C crime;
[RR 2003, c. 2, §26 (cor).]
S. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or
public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years
of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility
or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;
[2005, c. 450, §1 (amd).]
T. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or
public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years
of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility
or institution in which the student is enrolled and the sexual contact includes penetration. Violation of this paragraph
is a Class D crime;
[2005, c. 450, §1 (amd).]
U. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist
or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client of
the actor for mental health therapy. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment
modalities intended to change behavior, emotions or attitudes and based upon an intimate relationship involving trust and
dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class D crime; or
[2005, c. 450, §2 (new).]
V. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist
or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client of
the actor for mental health therapy and the sexual contact includes penetration. As used in this paragraph, "mental health
therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes and based upon
an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse. Violation
of this paragraph is a Class C crime.
[2005, c. 450, §2 (new).]
[2005, c. 450, §§1, 2 (amd).]
Section History:
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§23
(NEW).
PL 2003,
Ch. 711,
§B3
(AMD).
RR 2003,
Ch. 2,
§26
(COR).
PL 2005,
Ch. 450,
§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 - §255. Unlawful sexual contact (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§255. Unlawful sexual contact (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§51
(AMD).
PL 1979,
Ch. 701,
§22
(AMD).
PL 1983,
Ch. 326,
§5-7
(AMD).
PL 1985,
Ch. 247,
§3
(AMD).
PL 1989,
Ch. 401,
§A6
(AMD).
PL 1993,
Ch. 451,
§2
(AMD).
PL 1993,
Ch. 453,
§1-4
(AMD).
PL 1993,
Ch. 687,
§4-7
(AMD).
PL 1993,
Ch. 717,
§1
(AMD).
PL 1995,
Ch. 104,
§4-7
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1997,
Ch. 460,
§4
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§22
(RP ).
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 - §256. Visual sexual aggression against child
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§256. Visual sexual aggression against child
1. A person is guilty of visual sexual aggression against a child if:
A. For the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm, the actor, having
in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that
person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 14 years of age. Violation
of this paragraph is a Class D crime; or
[2003, c. 711, Pt. B, §4 (new).]
B. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, exposes the
actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other
person, not the actor's spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class C crime.
[2003, c. 711, Pt. B, §4 (new).]
[2003, c. 711, Pt. B, §4 (rpr).]
2.
[2003, c. 711, Pt. B, §4 (rp).]
Section History:
PL 1995,
Ch. 72,
§1
(NEW).
PL 2003,
Ch. 711,
§B4
(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 - §257. Factors aiding in predicting high-risk sex offenders for sentencing purposes
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§257. Factors aiding in predicting high-risk sex offenders for sentencing purposes
1. In assessing for sentencing purposes the risk of repeat offenses by a person convicted of a crime under chapter 11, a court
shall treat each of the following factors, if present, as increasing that risk:
A. The victim of the crime is prepubescent;
[1995, c. 429, §2 (new).]
B. The victim of the crime is the same gender as the offender;
[1995, c. 429, §2 (new).]
C. The victim of the crime is a total stranger to the offender; and
[1995, c. 429, §2 (new).]
D. The offender has been previously convicted of a crime under chapter 11 or previously convicted under the laws of the United
States or any other state for conduct substantially similar to that contained in chapter 11.
[1995, c. 429, §2 (new).]
A court may also utilize any other factor found by that court to increase the risk of repeat offenses by a person convicted
of a crime under chapter 11.
[1995, c. 429, §2 (new).]
Section History:
PL 1995,
Ch. 429,
§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 - §258. Sexual misconduct with a child under 14 years of age
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§258. Sexual misconduct with a child under 14 years of age
1. A person is guilty of sexual misconduct with a child under 14 years of age if that person, having in fact attained 18 years
of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact
attained the age of 14 years, with the intent to encourage the other person to engage in a sexual act or sexual contact.
Violation of this subsection is a Class D crime.
[2003, c. 711, Pt. B, §5 (amd).]
1-A. A person is guilty of sexual misconduct with a child under 12 years of age if that person, having in fact attained 18 years
of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact
attained 12 years of age, with the intent to encourage the other person to engage in a sexual act or sexual contact. Violation
of this subsection is a Class C crime.
[2003, c. 711, Pt. B, §6 (new).]
2. As used in this section, "sexually explicit materials" means any book, magazine, print, negative, slide, motion picture,
videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or
adult, engaging in sexually explicit conduct, as that term is defined in section 281.
[2003, c. 711, Pt. B, §7 (amd).]
3.
[2003, c. 711, Pt. B, §8 (rp).]
Section History:
PL 1997,
Ch. 143,
§1
(NEW).
PL 2003,
Ch. 711,
§B5-8
(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 - §259. Solicitation of child by computer to commit a prohibited act
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§259. Solicitation of child by computer to commit a prohibited act
1.
[2001, c. 383, §24 (rp); §156 (aff).]
1-A. A person is guilty of soliciting a child by a computer to commit a prohibited act if:
A. The actor:
(1) Uses a computer knowingly to solicit, entice, persuade or compel another person to meet with the actor;
(2) Is at least 16 years of age;
(3) Knows or believes that the other person is less than 14 years of age; and
(4) Is at least 3 years older than the expressed age of the other person; and
[2001, c. 383, §25 (new); §156 (aff).]
B. The actor has the intent to engage in any one of the following prohibited acts with the other person:
(1) A sexual act;
(2) Sexual contact; or
(3) Sexual exploitation of a minor pursuant to section 282.
[2003, c. 711, Pt. B, §9 (amd).]
Violation of this subsection is a Class D crime.
[2003, c. 711, Pt. B, §9 (amd).]
1-B. A person is guilty of soliciting a child by a computer to commit a prohibited act if:
A. The actor:
(1) Uses a computer knowingly to solicit, entice, persuade or compel another person to meet with the actor;
(2) Is at least 16 years of age;
(3) Knows or believes that the other person is less than 12 years of age; and
(4) Is at least 3 years older than the expressed age of the other person; and
[2003, c. 711, Pt. B, §10 (new).]
B. The actor has the intent to engage in any one of the following prohibited acts with the other person:
(1) A sexual act;
(2) Sexual contact; or
(3) Sexual exploitation of a minor pursuant to section 282.
[2003, c. 711, Pt. B, §10 (new).]
Violation of this subsection is a Class C crime.
[2003, c. 711, Pt. B, §10 (new).]
2. As used in this section, the term "computer" has the same meaning as in section 431, subsection 2.
[1999, c. 349, §3 (new).]
3.
[2003, c. 711, Pt. B, §11 (rp).]
Section History:
PL 1999,
Ch. 349,
§3
(NEW).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§24,25
(AMD).
PL 2003,
Ch. 711,
§B9-11
(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 - §260. Unlawful sexual touching
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 11: SEX ASSAULTS (HEADING: PL 1989, c. 401, Pt. A, @1 (rpr))
§260. Unlawful sexual touching
1. Unlawful sexual touching. A person is guilty of unlawful sexual touching if the actor intentionally subjects another person to any sexual touching
and:
A. The other person has not expressly or impliedly acquiesced in the sexual touching. Violation of this paragraph is a Class
D crime;
[2003, c. 138, §5 (new).]
B. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual touching.
Violation of this paragraph is a Class D crime;
[2003, c. 138, §5 (new).]
C. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 5 years older.
Violation of this paragraph is a Class D crime;
[2003, c. 138, §5 (new).]
D. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders
the other person substantially incapable of appraising the nature of the touching involved or of understanding that the other
person has the right to deny or withdraw consent. Violation of this paragraph is a Class D crime;
[2003, c. 138, §5 (new).]
E. The other person, not the actor's spouse, is in official custody as a probationer or parolee or is detained in a hospital,
prison or other institution and the actor has supervisory or disciplinary authority over the other person. Violation of this
paragraph is a Class D crime;
[2003, c. 138, §5 (new).]
F. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or
public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or
other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph
is a Class D crime;
[2003, c. 138, §5 (new).]
G. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or
other similar person responsible for the long-term general care and welfare of that other person. Violation of this paragraph
is a Class D crime;
[2003, c. 138, §5 (new).]
H. The other person submits as a result of compulsion. Violation of this paragraph is a Class D crime;
[2003, c. 138, §5 (new).]
I. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed
or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from
the organization, program or residence and the organization, program or residence recognizes that other person as a person
with mental retardation. It is an affirmative defense to prosecution under this paragraph that the actor receives services
for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3. Violation
of this paragraph is a Class D crime;
[2005, c. 450, §3 (amd).]
J. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or
public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years
of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility
or institution in which the student is enrolled. Violation of this paragraph is a Class E crime; or
[2005, c. 450, §4 (amd).]
K. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist
or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client of
the actor for mental health therapy. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment
modalities intended to change behavior, emotions or attitudes and based upon an intimate relationship involving trust and
dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class D crime.
[2005, c. 450, §5 (new).]
[2005, c. 450, §§3-5 (amd).]
Section History:
PL 2003,
Ch. 138,
§5
(NEW).
RR 2003,
Ch. 2,
§27
(COR).
PL 2005,
Ch. 450,
§3-5
(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 
