Most people think of criminal sexual conduct as sexual assault, rape or another non-consensual activity. However, not all sex crimes concern non-consensual sexual activity in Maine. Certain consensual activities are prohibited in Maine.
While many outdated laws such as those outlawing sodomy have been repealed, people should be aware of several other activities in Maine that are illegal and can lead to fines, imprisonment, and a criminal record.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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Can sexual activity be regulated in Maine?
Whether the state should be able to regulate sexual activities between two consenting adults has been a bone of contention for some time in U.S. law.
In the past few decades, there has been a move away from prosecuting consensual sexual activity done in privacy. Many of the laws are considered outdated. If laws still exist, they are often considered unenforceable.
A good example is same-sex sodomy. Criminal sodomy laws were repealed in Maine in 1975.
The general view is that adults have a right to liberty and privacy in their own homes and this should not be violated. Furthermore, there should be no discrimination between homosexual and heterosexual couples.
With that said, let’s take a look at some examples of consensual sexual activity that can be prosecuted in Maine.
What is statutory rape in Maine?
Statutory rape is sexual activity with a person under the age of 16 (this is the age of consent in Maine).
Some people believe that a consensual sexual relationship with a minor is legal, but it’s not. Under Maine law, there can be no consensual sex with a minor because the minor is considered unable to consent. In other words, a child has no legal capacity to consent.
So, such activity is considered non-consensual sexual activity or rape — and it can lead to very harsh penalties.
The “Romeo & Juliet” law does, however, protect young people from making honest mistakes and having to pay a heavy price for them. Sexual partners who are less than five years older than a sexual partner aged 14 or 15 are protected from facing statutory rape charges.
So, an 18-year-old boy who has consensual sex with a 15-year-old-girl cannot be prosecuted for statutory rape. However, an 18-year-old boy who has consensual sex with a 13-year-old-girl is not protected by the “Romeo & Juliet” law.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
What are consensual sexual activities that can lead to criminal charges in Maine?
Apart from statutory rape, several other “consensual” sexual activities can lead to criminal charges in Maine.
These are:
- Engaging in a sexual act in a public place
- Exposing genitals in circumstances likely to alarm others
- Exposing genitals in a private place where they can be seen in a public place (e.g., from the sidewalk) or another private place (such as a neighbor’s home)
These activities can lead to a charge of indecent exposure in Maine. Typically, this is classified as a Class E crime with a jail sentence of up to six months and/or a fine of $1,000.
However, if the defendant has two or more prior convictions, the offense may be elevated to a Class D crime, which carries a sentence of up to one year in jail and/or a $2,000 fine.
What Indecent Exposure Means Under Maine Law
In Maine, indecent exposure, as defined by Title 17-A Title 17-A, §854, is the intentional display of one’s genitals in a public setting in a way that is likely to cause alarm or offense to others. This offense is typically charged under Maine’s public indecency statutes and may result in misdemeanor penalties, depending on the circumstances.
For a conviction to occur, the prosecution must prove that the exposure was both deliberate and knowing. Simply being in a state of partial undress or wearing revealing clothing, such as underwear or swimwear, is not enough to meet the legal standard unless the individual’s genitals were purposefully exposed.
Although Maine law generally targets genital exposure, certain cases may involve exposure of female breasts. However, there is an explicit exception for breastfeeding, which is protected and does not qualify as indecent exposure under state law.
In some instances, defendants may be accused of indecent exposure after urinating in public. If this conduct is not accompanied by a sexual intent, such as arousal, gratification, or an intent to shock or offend, it may not meet the threshold for indecent exposure. The context and behavior surrounding the act are often critical in determining whether a charge is appropriate.
Maine courts typically look for evidence of lewd, sexually motivated, or lascivious conduct. Without these elements, the conduct may be considered inappropriate but not criminally indecent. If you are facing indecent exposure charges, understanding the legal standards and intent requirements under Maine law is essential to building a strong defense.
Prostitution and solicitation laws in Maine
Commercial sexual activities are also prohibited under Maine law. This means that both buying (or offering to buy) and selling sexual acts or sexual contact are illegal in the state.
A sexual act is defined as:
- Any act between two people involving direct physical contact between the genitals of one person and the mouth, anus, or genitals of the other
- Any act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of the other, or
- Any act involving direct physical contact between the genitals or anus of one and an instrument manipulated by another for the purpose of arousing or gratifying sexual desire, or for the purpose of causing bodily injury or offensive physical contact
Sexual contact is defined as the touching of the genitals or anus (directly or through clothing), for the purpose of arousing or gratifying sexual desire or causing bodily injury or offensive physical contact.
Both prostitution and solicitation of a prostitute (referred to as engaging a prostitute) can lead to criminal charges. Generally, they are prosecuted as Class E crimes, punishable by up to six months in jail and/or a fine of up to $1,000.
However, if the defendant has one or more prior convictions for engaging in prostitution (or a substantially similar crime) within the last two years, it is elevated to a Class D crime. This is punishable by up to one year in jail and/or a fine of up to $2,000.
Solicitation of prostitution from a person under the age of 18 is a Class C crime.
Any crime involving engaging or solicitation of a prostitute generally carries with it a recommendation of jail time, usually no less than 10 days for a first offense.
If you have been charged with a crime related to consensual sexual activity, it is important to understand your legal rights. Contact our defense attorneys at The Maine Criminal Defense Group by calling us at 207-571-8146 for an initial consultation today.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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