§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; [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. 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; [PL 2001, c. 383, §21 (AMD); PL 2001, c. 383, §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; or [PL 2011, c. 464, §6 (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. [PL 2011, c. 464, §7 (AMD).]
F. [PL 2011, c. 464, §8 (RP).]
[PL 2011, c. 464, §§6-8 (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.
[PL 2003, c. 138, §4 (AMD).]
3.
[PL 2001, c. 383, §21 (RP); PL 2001, c. 383, §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.
[PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §50 (AMD). PL 1985, c. 495, §§9,10 (AMD). PL 1989, c. 401, §A5 (AMD). PL 1993, c. 451, §1 (AMD). PL 1995, c. 104, §§1-3 (AMD). PL 1997, c. 460, §§2,3 (AMD). PL 2001, c. 383, §21 (AMD). PL 2001, c. 383, §156 (AFF). PL 2003, c. 138, §§2-4 (AMD). PL 2011, c. 464, §§6-8 (AMD).
Structure Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
17-A §251. Definitions and general provisions
17-A §253. Gross sexual assault
17-A §253-A. Special sentencing provisions for gross sexual assault
17-A §254. Sexual abuse of minors
17-A §254-A. Written notification not to pursue charges for sexual abuse of a minor
17-A §255. Unlawful sexual contact (REPEALED)
17-A §255-A. Unlawful sexual contact
17-A §256. Visual sexual aggression against child
17-A §257. Factors aiding in predicting high-risk sex offenders for sentencing purposes (REPEALED)
17-A §258. Sexual misconduct with a child under 14 years of age
17-A §259. Solicitation of child by computer to commit a prohibited act (REPEALED)
17-A §259-A. Solicitation of a child to commit a prohibited act
17-A §259-B. Solicitation of a child to engage in prostitution
17-A §260. Unlawful sexual touching
17-A §261. Prohibited contact with a minor; sex offender restricted zone