If a minor is 14 or 15 years of age:
•
An actor who is at least 5 years older (and is not
married to the minor[2] may NOT
engage in a Sexual Act
with the minor.
•
An actor who is at least 10 years older may NOT
engage in Sexual Contact
with the minor.
If a minor is under 18 years of age:
•
A teacher, employee, or official with
“instructional, supervisory or disciplinary
authority” over the student or a parent/guardian may
NOT engage in Sexual Acts,
Sexual Contact
and/or Sexual
Touching with the minor.
• Minors may NOT be “photographed”
during “sexually
explicit conduct.”
Sexual
Contact:
“…any touching of the genitals or anus, directly
or through clothing, other than as would
constitute a sexual act, for the purpose of
arousing or gratifying sexual desire or for the
purpose of causing bodily injury or offensive
physical contact.” (17-A M.R.S.A. section 251,
sub-section 1, paragraph D).
Sexual Act:
”Any act between 2 persons involving direct
physical contact between the genitals of one and
the mouth or anus of the other, or direct physical
contact between the genitals of one and the
genitals of the other…Any act involving direct
physical contact between the genitals or anus of
one and an instrument or device manipulated by
another person when that act is done for the
purpose of arousing or gratifying sexual desire or
for the purpose of causing bodily injury or
offensive physical contact.” (17-A M.R.S.A.
section 251 sub-section1 paragraph C).
(Note: does not require
penetration)
Sexual
Touching:
“…any touching of the breasts, buttocks, groin or
inner thigh, directly or through clothing, for the
purpose of arousing or gratifying sexual desire.”
(17-A M.R.S.A. section 251, sub-section 1,
paragraph G)
This does not cover military law or guidelines.
This is NOT a marital exemption, but rather allows
for consensual sexual activity within a
legal marriage. If the spouse submits as a result
of “compulsion” as defined in the statue, it is
still sexual assault.
