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MAINE
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for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
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).]
§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).]
§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).]
§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).]
§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).]
§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).]
§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).]
Chapter 12: SEXUAL EXPLOITATION OF MINORS
(HEADING: PL 2003, c. 711, Pt. B, @12 (new))
§282. Sexual exploitation of minor
1. A person is guilty of sexual exploitation of a
minor if:
A. Knowing or intending that the conduct will be photographed, the
person intentionally or knowingly employs, solicits, entices, persuades, uses
or compels another person, not that person's spouse, who is in fact a minor, to
engage in sexually explicit conduct. Violation of this paragraph is a Class B
crime; [2003, c. 711, Pt. B, §12 (new).]
B. The person violates paragraph A and, at the time of the offense, has
one or more prior convictions for violating this section. Violation of this
paragraph is a Class A crime; [2003, c. 711, Pt. B, §12 (new).]
C. The person violates paragraph A and the minor has not in fact
attained 12 years of age. Violation of this paragraph is a Class A crime;
[2003,
c. 711, Pt. B, §12 (new).]
D. Being a parent, legal guardian or other person having
care or custody of another person who is in fact a minor, that person knowingly
or intentionally permits that minor to engage in sexually explicit conduct,
knowing or intending that the conduct will be photographed. Violation of this
paragraph is a Class B crime; [2003, c. 711, Pt. B, §12 (new).]
E. The person violates paragraph D and, at the time of the offense, the
person has one or more prior convictions for violating this section. Violation
of this paragraph is a Class A crime; or [2003, c. 711, Pt. B, §12
(new).]
F. The person violates paragraph D and the minor has not in fact
attained 12 years of age. Violation of this paragraph is a Class A crime.
[2003,
c. 711, Pt. B, §12 (new).]
[2003, c. 711, Pt. B, §12 (new).]
2. The following mandatory minimum terms of
imprisonment apply to sexual exploitation of a minor.
A. A court shall impose upon a person convicted under subsection 1,
paragraph A or D a sentencing alternative involving a term of imprisonment of
at least 5 years. [2003, c. 711, Pt. B, §12 (new).]
B. A court shall impose upon a person convicted under subsection 1,
paragraph B or E a sentencing alternative involving a term of imprisonment of
at least 10 years. [2003, c. 711, Pt. B, §12 (new).]
The court may not suspend a minimum term of imprisonment imposed under this section unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if the court is of the opinion that the exceptional features of the case justify the imposition of another sentence. Section 9-A governs the use of prior convictions when determining a sentence.
[2003, c. 711, Pt. B, §12 (new).]
§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).]
Title
1-A Maine Criminal Code
Part
1: GENERAL PRINCIPLES
Chapter
1: PRELIMINARY
§8. Statute
of limitations
1. It is a defense that prosecution was commenced
after the expiration of the applicable period of limitations provided in this
section; provided that a prosecution for murder or criminal homicide in the
first or 2nd degree, or, if the victim had not attained the age of 16 years at
the time of the crime, a prosecution for: incest; unlawful sexual contact;
sexual abuse of a minor; rape or gross sexual assault, formerly denominated as
gross sexual misconduct, may be commenced at any time. [1999, c.
438, §1 (amd).]
2. Prosecutions for crimes other than murder or
criminal homicide in the first or 2nd degree, or, if the victim had not
attained the age of 16 years at the time of the crime, prosecutions for:
incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual
assault, formerly denominated as gross sexual misconduct, are subject to the
following periods of limitations:
A. A prosecution for a Class A, Class B or Class C crime must be
commenced within 6 years after it is committed; and [1981, c.
470, Pt. A, §38 (amd).]
B. A prosecution for a Class D or Class E crime must be commenced
within 3 years after it is committed. [1975, c. 499, §1 (new).]
[1999, c. 438, §2 (amd).]
3. The periods of limitations shall not run:
A. During any time when the accused is absent from the State, but in no
event shall this provision extend the period of limitation otherwise applicable
by more than 5 years; [1987, c. 222, §3 (amd).]
B. During any time when a prosecution against the accused for the same
crime based on the same conduct is pending in this State; or [1987, c.
222, §3 (amd).]
C. During any time when a prosecution against the accused for the
corresponding juvenile crime based on the same conduct is pending in the
Juvenile Court. For purposes of this section, pending includes any appeal
period and, if an appeal is taken, any period pending its final
disposition. [1987, c. 222, §3 (new).]
[1987, c. 222, §3 (amd).]
4. If a timely complaint, information or indictment is
dismissed for any error, defect, insufficiency or irregularity, a new
prosecution for the same crime based on the same conduct may be commenced
within 6 months after the dismissal, or during the next session of the grand
jury, whichever occurs later, even though the periods of limitations have
expired at the time of such dismissal or will expire within such period of
time. [1981, c. 317, §4 (amd).]
5. If the period of limitation has expired, a
prosecution may nevertheless be commenced for:
A. Any crime based upon breach of fiduciary obligation, within one year
after discovery of the crime by an aggrieved party or by a person who has a
legal duty to represent an aggrieved party, and who is himself not a party to
the crime, whichever occurs first; or [1975, c. 499, §1 (new).]
B. Any crime based upon official misconduct by a public servant, at any
time when such person is in public office or employment or within 2 years
thereafter. [1975, c. 499, §1 (new).]
C. This subsection shall in no event extend the limitation period
otherwise applicable by more than 5 years. [1975, c. 499, §1 (new).]
[1975, c. 499, §1 (new).]
6. For purposes of this section:
A. A crime is committed when every element thereof has occurred, or if
the crime consists of a continuing course of conduct, at the time when the
course of conduct or the defendant's complicity therein is terminated;
and [1975, c. 499, §1 (new).]
B. A prosecution is commenced whenever one of the following occurs:
(1) A criminal complaint is filed;
(2) An indictment is returned; or
[1987, c. 222, §4 (rpr).]
[1987, c. 222, §4 (amd).]
7. The defense established by this section shall not
bar a conviction of a crime included in the crime charged, notwithstanding that
the period of limitation has expired for the included crime, if as to the crime
charged the period of limitation has not expired or there is no such period,
and there is evidence which would sustain a conviction for the crime charged.
[1975, c. 499, §1 (new).]
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