Leyes de edad de consentimiento de Maine: estatutos, penas y cómo reportar

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; [PL 2001, c. 383, §21 (AMD); PL 2001, c. 383, §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; [PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §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; [PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).] B. [PL 1989, c. 401, Pt. A, §5 (RP).] C.

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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; [PL 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 [PL 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. [PL 2003, c. 711, Pt. B, §2 (NEW).] 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 furnishing, as defined in section 1101, subsection 18, paragraph A, administering or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime; [PL 2007, c. 474, §1 (AMD).] B. The actor compels or induces the other person to engage in the sexual act by any threat.

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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 consented to the sexual contact and the actor is criminally negligent with regard to whether the other person has consented. Violation of this paragraph is a Class D crime; [PL 2023, c. 280, §3 (AMD).] B. The other person has not consented to the sexual contact, the actor is criminally negligent with regard to whether the other person has consented and the sexual contact includes penetration. Violation of this paragraph is a Class C crime; [PL 2023, c. 280, §4 (AMD).] 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; [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §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; [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).] E.

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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 consented to the sexual touching and the actor is criminally negligent with regard to whether the other person has consented. Violation of this paragraph is a Class D crime; [PL 2023, c. 280, §5 (AMD).] 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; [PL 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; [PL 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; [PL 2003, c. 138, §5 (NEW).] E.

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1. Any term of years; nonmandatory sentence alternative. If the State pleads and proves that the defendant is a repeat sexual assault offender, the court may impose a definite term of imprisonment for any term of years. The court also may impose as part of the sentence either a period of probation of any term of years pursuant to section 1804, subsection 4 or a period of supervised release of any term of years pursuant to section 1881, subsection 2, paragraph A. As used in this subsection, "repeat sexual assault offender" means a person who commits a new gross sexual assault after having been convicted previously and sentenced for any of the following: A. Gross sexual assault, formerly denominated as gross sexual misconduct; [PL 2019, c. 113, Pt. B, §14 (NEW).] B. Rape; [PL 2019, c. 113, Pt. B, §14 (NEW).] C. Attempted murder accompanied by sexual assault; [PL 2019, c. 113, Pt. B, §14 (NEW).] D. Murder accompanied by sexual assault; or [PL 2019, c. 113, Pt. B, §14 (NEW).] E. Conduct substantially similar to a crime listed in paragraphs A to D that is a crime under the laws of another jurisdiction. [PL 2019, c. 113, Pt.

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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. [PL 2005, c. 328, §14 (AMD).]

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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; [PL 2005, c. 655, §1 (AMD).] 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; [PL 2005, c. 655, §1 (AMD).] C.

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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. 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. 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. 3.

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1. A person is guilty of soliciting a child to commit a prohibited act if: A. The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor: (1) Is at least 16 years of age; (2) Knows or believes that the other person is less than 14 years of age; and (3) Is at least 3 years older than the age expressed by the other person. Violation of this paragraph is a Class D crime; or [PL 2011, c. 597, §3 (NEW).] B. The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor: (1) Is at least 16 years of age; (2) Knows or believes that the other person is less than 12 years of age; and (3) Is at least 3 years older than the age expressed by the other person. Violation of this paragraph is a Class C crime. [PL 2011, c. 597, §3 (NEW).] 2. For purposes of this section, "prohibited act" means: A. A sexual act; [PL 2011, c. 597, §3 (NEW).] B. Sexual contact; or [PL 2011, c. 597, §3 (NEW).] C.

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1. A person is guilty of soliciting a child for commercial sexual exploitation if the actor knowingly solicits directly or indirectly by any means a person the actor knows or believes is under 18 years of age to engage in an act of prostitution, as defined in section 851. 2. Violation of this section is a Class C crime.

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1. Maximum terms of imprisonment dependent on crime class. Unless a different maximum term of imprisonment is specified by statute, the maximum term of imprisonment is as follows: A. In the case of a Class A crime, 30 years; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. In the case of a Class B crime, 10 years; [PL 2019, c. 113, Pt. A, §2 (NEW).] C. In the case of a Class C crime, 5 years; [PL 2019, c. 113, Pt. A, §2 (NEW).] D. In the case of a Class D crime, less than one year; or [PL 2019, c. 113, Pt. A, §2 (NEW).] E. In the case of a Class E crime, 6 months. [PL 2019, c. 113, Pt. A, §2 (NEW).] 2. Exceptions to maximum term of imprisonment based on crime class. Notwithstanding subsection 1: A. In the case of the Class A crime of aggravated attempted murder, the court shall set a term of imprisonment under section 152‑A, subsection 2 of life or a definite period of any term of years; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. If the State pleads and proves that the defendant is a repeat sexual assault offender, the court may set a definite term of imprisonment under section 253‑A, subsection 1 for any term of years; and [PL 2019, c. 113, Pt. A, §2 (NEW).] C.

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An individual who has been convicted of a Class A, Class B, Class C, Class D or Class E crime may be sentenced to pay a fine. Except as provided in section 1706 and unless a different maximum fine is specified by statute, the maximum fine that may be imposed by a court on a convicted individual is as follows: [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Class A crime. In the case of a Class A crime, $50,000; 2. Class B crime. In the case of a Class B crime, $20,000; 3. Class C crime. In the case of a Class C crime, $5,000; 4. Class D crime. In the case of a Class D crime, $2,000; and 5. Class E crime. In the case of a Class E crime, $1,000.

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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 or uses another person, not that person's spouse, who has not in fact attained 16 years of age, to engage in sexually explicit conduct, except that it is not a violation of this paragraph if the other person is 14 or 15 years of age and the person is less than 5 years older than the other person. Violation of this paragraph is a Class B crime; [PL 2015, c. 394, §1 (AMD).] A-1. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly compels or induces by any threat 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; [PL 2015, c. 394, §1 (NEW).] B. The person violates paragraph A or A‑1 and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction.

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1. A person is guilty of aggravated sex trafficking if the person knowingly: A. Promotes prostitution by compelling a person to enter into, engage in or remain in prostitution; [PL 2013, c. 407, §2 (AMD).] B. Promotes prostitution of a person 15, 16 or 17 years of age; or [PL 2021, c. 469, §1 (AMD).] C. Promotes prostitution of a person who suffers from a mental disability that is reasonably apparent or known to the actor and that in fact renders the other person substantially incapable of appraising the nature of the conduct involved. [PL 2013, c. 407, §2 (NEW).] Violation of this subsection is a Class B crime. 1-A. A person is guilty of aggravated sex trafficking if the person knowingly promotes prostitution of a person 14 years of age or younger. Violation of this subsection is a Class A crime. 2. As used in this section, "compelling" includes but is not limited to: A. The use of a drug or intoxicating substance to render a person incapable of controlling that person's conduct or appreciating its nature; [PL 2011, c. 672, §1 (AMD).] B. Withholding or threatening to withhold a scheduled drug or alcohol from a drug or alcohol-dependent person.

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1. A person is guilty of commercial sexual exploitation of a minor if: A. The person, in return for an act of prostitution, gives, offers to give or agrees to give a pecuniary benefit either to the person being prostituted or to a 3rd person and the person being prostituted has not in fact attained 18 years of age or the person knows or believes that the person being prostituted has not attained 18 years of age. Violation of this paragraph is a Class C crime. [RR 2023, c. 1, Pt. A, §6 (COR).] B. [PL 2021, c. 447, §3 (RP).] 2. 3. A person is guilty of commercial sexual exploitation of a person with a mental disability if: A. The person, in return for an act of prostitution, gives, offers to give or agrees to give a pecuniary benefit either to the person being prostituted or to a 3rd person and the person being prostituted suffers from a mental disability that is reasonably apparent or known to the actor and that in fact renders the person with a mental disability substantially incapable of appraising the nature of the conduct or conduct involved. Violation of this paragraph is a Class C crime. [PL 2023, c. 316, §10 (AMD).]

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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 437, §2 (NEW).] 1. Bureau. "Bureau" means the State Bureau of Identification. 1-A. Conditional release. "Conditional release" means supervised release of a registrant or an offender from institutional confinement for placement on probation, parole, supervised release for sex offenders, supervised community confinement, home release monitoring or release under Title 15, section 104‑A or Title 17‑A, chapter 54‑G. 1-B. Discharge. "Discharge" means unconditional release and discharge of a registrant from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104‑A. 1-C. Another state. "Another state" means each of the several states except Maine, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. 2. Domicile.

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1. Ten-year registrant convicted and sentenced in State. The following provisions apply to a 10-year registrant convicted and sentenced in this State. A. [PL 2009, c. 570, §5 (RP).] B. A 10-year registrant sentenced in this State shall register for a period of 10 years. The 10-year period is calculated as follows. (1) If the 10-year registrant was sentenced prior to September 18, 1999 to a wholly suspended sentence with probation or administrative release or to a punishment alternative not involving imprisonment, the 10-year period is treated as having begun at the time the person commenced an actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment was imposed, unless the court ordered a stay of execution, in which event the 10-year period is treated as having begun at the termination of the stay. (2) If the 10-year registrant was sentenced prior to September 18, 1999 to a straight term of imprisonment or to a split sentence, the 10-year period is treated as having begun at the time of discharge or conditional release.

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