2013 Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
Chapter 11: SEX ASSAULTS
17-A §254. Sexual abuse of minors

Part 2: SUBSTANTIVE OFFENSES

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); 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; [2001, c. 383, 21 (NEW); 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; [2001, c. 383, 21 (NEW); 2001, c. 383, 156 (AFF).]

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); 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 [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. [2011, c. 464, 7 (AMD).]

F. [2011, c. 464, 8 (RP).]

[ 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.

[ 2003, c. 138, 4 (AMD) .]

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); 2001, c. 383, 156 (AFF) .]

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). 2001, c. 383, 21 (AMD). 2001, c. 383, 156 (AFF). 2003, c. 138, 2-4 (AMD). 2011, c. 464, 6-8 (AMD).