Me. Stat. tit. 17-A § 254

Current through 131st (2023-2024) Legislature Chapter 678
Section 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).]
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); 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).]

3.

[2001, c. 383, §21(RP); 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.

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

17-A M.R.S. § 254

Amended by 2011, c. 464,§§ 6 through 8, eff. 9/28/2011.
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, § 156 (AFF) . 2001, c. 383, § 21 (AMD) . 2003, c. 138, §§2-4 (AMD) .