MAINE
Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
PART 2: SUBSTANTIVE OFFENSES
CHAPTER 35: SEX TRAFFICKING, PROSTITUTION AND PUBLIC INDECENCY
§854. Indecent conduct
1. A person is guilty of indecent conduct if:
A. In a public place:
(1) The actor engages in a sexual act, as defined in section 251. Violation of this subparagraph is a Class E crime;
(2) The actor knowingly exposes the actor’s genitals under circumstances that in fact are likely to cause affront or alarm. Violation of this subparagraph is a Class E crime;
(3) The actor violates subparagraph (1) and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the
Maine offenses listed in this subparagraph in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime; or
(4) The actor violates subparagraph (2) and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the
Maine offenses listed in this subparagraph in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime;
[2007, c. 476, §31 (AMD).]
B. In a private place, the actor exposes the actor’s genitals with the intent that the actor be seen from a public
place or from another private place. Violation of this paragraph is a Class E crime;
[2001, c. 383, §105 (AMD); 2001, c. 383, §156 (AFF).]
C. In a private place, the actor exposes the actor’s genitals with the intent that the actor be seen by another
person in that private place under circumstances that the actor knows are likely to cause affront or alarm. Violation of this paragraph is a Class E crime;
[2001, c. 383, §105 (AMD); 2001, c. 383, §156 (AFF).]
D. The actor violates paragraph B and the actor has 2 or more prior convictions for any combination of the
following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. Section 9-A governs the use of prior
convictions when determining a sentence. Violation of this paragraph is a Class D crime; or
[2007, c. 476, §32 (AMD).]
E. The actor violates paragraph C and the actor has 2 or more prior convictions for any combination of the
following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. Section 9-A governs the use of prior
convictions when determining a sentence. Violation of this paragraph is a Class D crime.
[2007, c. 476, §33 (AMD).] [ 2007, c. 476, §§31-33 (AMD) .]
2. For purposes of this section “public place” includes, but is not limited to, motor vehicles that are on a
public way.
[ 1995, c. 72, §2 (AMD) .]
2-A. It is a defense to prosecution under subsection 1, paragraph C, that the other person previously lived
or currently is living in the same household as the actor.
[ 1995, c. 72, §2 (NEW) .]
3.
[ 2001, c. 383, §156 (AFF); 2001, c. 383, §106 (RP) .]
SECTION HISTORY
1975, c. 499, §1 (NEW). 1975, c. 740, §90 (AMD). 1989, c. 401, §§B6,B7 (AMD). 1995, c. 72, §2 (AMD). 1997, c. 256, §1 (AMD). 2001, c. 383, §§105,106 (AMD). 2001, c. 383, §156 (AFF). 2007, c. 476, §§31-33 (AMD).
_________________________
Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
PART 2: SUBSTANTIVE OFFENSES
CHAPTER 11: SEX ASSAULTS HEADING: PL 1989, C. 401, PT. A, §1 (RPR)
§256. Visual sexual aggression against child
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;
[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;
[2005, c. 655, §1 (AMD).]
C. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age,
intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person, not the actor’s spouse and not
having in fact attained 14 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class D crime; or
[2007, c. 688, §1 (AMD).]
D. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age,
intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person, not the actor’s spouse and not
having in fact attained 12 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class C crime.
[2007, c. 688, §1 (AMD).]
[ 2007, c. 688, §1 (AMD) .]
2.
[ 2003, c. 711, Pt. B, §4 (RP) .]
SECTION HISTORY
1995, c. 72, §1 (NEW). 2003, c. 711, §B4 (RPR). 2005, c. 655, §1 (AMD). 2007, c. 688, §1 (AMD).
_________________________
Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
PART 2: SUBSTANTIVE OFFENSES
Chapter 12: SEXUAL EXPLOITATION OF MINORS HEADING: PL 2003, C. 711, PT. B, §12 (NEW)
§281. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[2003, c. 711, Pt. B, §12 (NEW).]
1. “Disseminate” means to manufacture, publish, send, promulgate, distribute, exhibit, issue, furnish, sell or
transfer or to offer or agree to do any of these acts.
[ 2003, c. 711, Pt. B, §12 (NEW) .]
2. “Minor” means a person who has not attained 18 years of age.
[ 2003, c. 711, Pt. B, §12 (NEW) .]
3. “Photograph” means to make, capture, generate or save a print, negative, slide, motion picture,
computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material.
[ 2003, c. 711, Pt. B, §12 (NEW) .]
4. “Sexually explicit conduct” means any of the following acts:
A. A sexual act; [2003, c. 711, Pt. B, §12 (NEW).]
B. Bestiality; [2003, c. 711, Pt. B, §12 (NEW).]
C. Masturbation; [2003, c. 711, Pt. B, §12 (NEW).]
D. Sadomasochistic abuse for the purpose of sexual stimulation; [2003, c. 711, Pt. B, §12 (NEW).]
E. Lewd exhibition of the genitals, anus or pubic area of a person. An exhibition is considered lewd if the
exhibition is designed for the purpose of eliciting or attempting to elicit a sexual response in the intended viewer; or [2003, c. 711, Pt. B, §12 (NEW).]
F. Conduct that creates the appearance of the acts in paragraphs A to D and also exhibits any uncovered or
covered portions of the genitals, anus or pubic area.
[2003, c. 711, Pt. B, §12 (NEW).]
[ 2003, c. 711, Pt. B, §12 (NEW) .]
SECTION HISTORY
2003, c. 711, §B12 (NEW).