Maine -- Age of Consent
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17A 254. Sexual abuse of minors

1. A person is guilty of sexual abuse of a minor if:

    A. Having attained the age of 19 years, the person engages in a sexual act with another person, not the actor's spouse, who has attained the age of 14 years but has not attained the age of 16 years, provided that the actor is at least 5 years older than the other person; or [1995, c. 104, 1 (amd).]

    B. [1989, c. 401. Pt. A, 5 (rp).]

    C. Having attained the age of 21 years, the person engages in a sexual act with another person, not the actor's spouse, who has attained the age of 16 years but not 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 in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. [1995, c. 104, 2 (new).]

[1995, c. 104, 1, 2 (amd).]

2. It is a defense to a prosecution under subsection 1, paragraph A, that the actor reasonably believed the other person to have attained his 16th birthday.

[1985, c. 495, 10 (amd).]

3. Violation of subsection 1, paragraph A is a Class D crime; and violation of subsection 1, paragraph C is a Class E crime; except that the sentencing class for a violation of subsection 1 is one class higher if the State pleads and proves:

    A. The actor was more than 10 years older than the other person; or [1997, c. 460, 2 (amd).]

    B. The actor knew the other person was related to the actor within the 2nd degree of consanguinity. [1997, c. 460, 2 (amd).]

    C. [1997, c. 460, 3 (rp).]

[1997, c. 460, 2, 3 (amd).]

Section History:

1975, c. 499, 1 (NEW). 1975, c. 740, 50 (AMD). 1985, c. 495, 9,10 (AMD). 1989, c. 401, A5 (AMD). 1993, c. 451, 1 (AMD). 1995, c. 104, 1-3 (AMD). 1997, c. 460, 2,3 (AMD).




Reply-To: From: James
Subject: Age of consent in Maine
Date: Fri, 26 Feb 1999 22:03:44

Be advised: there are no statutes currently on the books prohibiting consensual sexual activity with persons 16 years of age or older, hence the age of consent for homosexual conduct (both male-male and female-female) is 16.

However, note subparagraph "B" of the following section (from Title 17-A, Chapter 11):

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).]

Best regards, James- Friend of Humanity and Enemy of Hypocrisy



07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:

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