Maine criminal charge
Gross sexual assault in Maine
Current through 2026 Maine legislative session
Gross sexual assault is a criminal offense under Maine law, defined by 17-A M.R.S. § 253. Its classification is not fixed: Maine assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by 17-A M.R.S. § 253.
What is the penalty for gross sexual assault in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 years (Sexual act with victim submitting by compulsion — The other person submits to the sexual act as a result of compulsion.; statutory default maximum (17-A M.R.S. §1604(1)(A)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (e.g. use of a firearm against an individual, §1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $50,000 (Sexual act with victim submitting by compulsion — The other person submits to the sexual act as a result of compulsion.; maximum for an individual (17-A M.R.S. §1704(1)); organizations up to $100,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 30 years (Sexual act with person under 14 — The other person, not the actor's spouse, has not attained 14 years of age.; statutory default maximum (17-A M.R.S. §1604(1)(A)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (e.g. use of a firearm against an individual, §1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $50,000 (Sexual act with person under 14 — The other person, not the actor's spouse, has not attained 14 years of age.; maximum for an individual (17-A M.R.S. §1704(1)); organizations up to $100,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 30 years (Sexual act with person under 12 — The other person, not the actor's spouse, has not attained 12 years of age.; statutory default maximum (17-A M.R.S. §1604(1)(A)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (e.g. use of a firearm against an individual, §1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $50,000 (Sexual act with person under 12 — The other person, not the actor's spouse, has not attained 12 years of age.; maximum for an individual (17-A M.R.S. §1704(1)); organizations up to $100,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Sexual act by impairing capacity via drugs/intoxicants — The actor substantially impairs the other person's power to appraise or control the sexual act by furnishing or administering drugs, intoxicants, or similar means.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Sexual act by impairing capacity via drugs/intoxicants — The actor substantially impairs the other person's power to appraise or control the sexual act by furnishing or administering drugs, intoxicants, or similar means.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Sexual act compelled by threat — The actor compels or induces the other person to engage in the sexual act by any threat.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Sexual act compelled by threat — The actor compels or induces the other person to engage in the sexual act by any threat.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Sexual act with mentally disabled person — The other person suffers from a mental disability, reasonably apparent or known to the actor, rendering them incapable of appraising the contact or understanding the right to withdraw consent.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Sexual act with mentally disabled person — The other person suffers from a mental disability, reasonably apparent or known to the actor, rendering them incapable of appraising the contact or understanding the right to withdraw consent.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Sexual act with unconscious or physically incapable person — The other person is unconscious or otherwise physically incapable of resisting and has not consented.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Sexual act with unconscious or physically incapable person — The other person is unconscious or otherwise physically incapable of resisting and has not consented.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Sexual act with supervised/detained person by supervisory authority — The other person is under official supervision or detention and the actor has supervisory or disciplinary authority over them.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Sexual act with supervised/detained person by supervisory authority — The other person is under official supervision or detention and the actor has supervisory or disciplinary authority over them.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Sexual act with student by school authority figure — The other person is a student and the actor is a teacher, employee, or other authority figure with instructional, supervisory, or disciplinary authority over the student.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Sexual act with student by school authority figure — The other person is a student and the actor is a teacher, employee, or other authority figure with instructional, supervisory, or disciplinary authority over the student.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Sexual act with minor resident of care facility by authority figure — The other person is under 18 and resides in or attends a care facility, and the actor has instructional, supervisory, or disciplinary authority over them.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Sexual act with minor resident of care facility by authority figure — The other person is under 18 and resides in or attends a care facility, and the actor has instructional, supervisory, or disciplinary authority over them.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 10 years (Sexual act with minor by parent/guardian figure — The other person is under 18 and the actor is a parent, stepparent, foster parent, guardian, or similar person responsible for their long-term care and welfare.; statutory default maximum (17-A M.R.S. §1604(1)(B)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $20,000 (Sexual act with minor by parent/guardian figure — The other person is under 18 and the actor is a parent, stepparent, foster parent, guardian, or similar person responsible for their long-term care and welfare.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Sexual act with patient/client by psychiatrist/psychologist/counselor — The actor is or purports to be a psychiatrist, psychologist, social worker, or counseling professional and the other person is a current patient or client.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Sexual act with patient/client by psychiatrist/psychologist/counselor — The actor is or purports to be a psychiatrist, psychologist, social worker, or counseling professional and the other person is a current patient or client.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Sexual act with intellectually disabled/autistic service recipient by facility owner/employee — The actor owns, operates, or is employed by a DHHS-related organization and the other person receives services and is recognized as having an intellectual disability or autism.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Sexual act with intellectually disabled/autistic service recipient by facility owner/employee — The actor owns, operates, or is employed by a DHHS-related organization and the other person receives services and is recognized as having an intellectual disability or autism.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Sexual act with mentally disabled service recipient by facility owner/employee — The actor owns, operates, or is employed by a DHHS-related organization and the other person receives services and suffers from a mental disability reasonably apparent or known to the actor.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Sexual act with mentally disabled service recipient by facility owner/employee — The actor owns, operates, or is employed by a DHHS-related organization and the other person receives services and suffers from a mental disability reasonably apparent or known to the actor.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Sexual act with dependent adult by caregiver — The actor is employed to provide care to a dependent person unable to perform self-care due to advanced age or physical/mental disease, disorder, or defect.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Sexual act with dependent adult by caregiver — The actor is employed to provide care to a dependent person unable to perform self-care due to advanced age or physical/mental disease, disorder, or defect.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
Applies to current (PL 2019, c. 113 recodification).
How is gross sexual assault classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual act with victim submitting by compulsion | Class A Crime | The other person submits to the sexual act as a result of compulsion. | 17-A M.R.S. § 253(1)(A) |
| Sexual act with person under 14 | Class A Crime | The other person, not the actor's spouse, has not attained 14 years of age. | 17-A M.R.S. § 253(1)(B) |
| Sexual act with person under 12 | Class A Crime | The other person, not the actor's spouse, has not attained 12 years of age. | 17-A M.R.S. § 253(1)(C) |
| Sexual act by impairing capacity via drugs/intoxicants | Class B Crime | The actor substantially impairs the other person's power to appraise or control the sexual act by furnishing or administering drugs, intoxicants, or similar means. | 17-A M.R.S. § 253(2)(A) |
| Sexual act compelled by threat | Class B Crime | The actor compels or induces the other person to engage in the sexual act by any threat. | 17-A M.R.S. § 253(2)(B) |
| Sexual act with mentally disabled person | Class B Crime | The other person suffers from a mental disability, reasonably apparent or known to the actor, rendering them incapable of appraising the contact or understanding the right to withdraw consent. | 17-A M.R.S. § 253(2)(C) |
| Sexual act with unconscious or physically incapable person | Class B Crime | The other person is unconscious or otherwise physically incapable of resisting and has not consented. | 17-A M.R.S. § 253(2)(D) |
| Sexual act with supervised/detained person by supervisory authority | Class B Crime | The other person is under official supervision or detention and the actor has supervisory or disciplinary authority over them. | 17-A M.R.S. § 253(2)(E) |
| Sexual act with student by school authority figure | Class C Crime | The other person is a student and the actor is a teacher, employee, or other authority figure with instructional, supervisory, or disciplinary authority over the student. | 17-A M.R.S. § 253(2)(F) |
| Sexual act with minor resident of care facility by authority figure | Class C Crime | The other person is under 18 and resides in or attends a care facility, and the actor has instructional, supervisory, or disciplinary authority over them. | 17-A M.R.S. § 253(2)(G) |
| Sexual act with minor by parent/guardian figure | Class B Crime | The other person is under 18 and the actor is a parent, stepparent, foster parent, guardian, or similar person responsible for their long-term care and welfare. | 17-A M.R.S. § 253(2)(H) |
| Sexual act with patient/client by psychiatrist/psychologist/counselor | Class C Crime | The actor is or purports to be a psychiatrist, psychologist, social worker, or counseling professional and the other person is a current patient or client. | 17-A M.R.S. § 253(2)(I) |
| Sexual act with intellectually disabled/autistic service recipient by facility owner/employee | Class C Crime | The actor owns, operates, or is employed by a DHHS-related organization and the other person receives services and is recognized as having an intellectual disability or autism. | 17-A M.R.S. § 253(2)(J) |
| Sexual act with mentally disabled service recipient by facility owner/employee | Class C Crime | The actor owns, operates, or is employed by a DHHS-related organization and the other person receives services and suffers from a mental disability reasonably apparent or known to the actor. | 17-A M.R.S. § 253(2)(K) |
| Sexual act with dependent adult by caregiver | Class C Crime | The actor is employed to provide care to a dependent person unable to perform self-care due to advanced age or physical/mental disease, disorder, or defect. | 17-A M.R.S. § 253(2)(L) |
Common questions about gross sexual assault in Maine
What class of crime is gross sexual assault in Maine?
It depends on the circumstances: gross sexual assault ranges from a Class C Crime to a Class A Crime in Maine under 17-A M.R.S. § 253.
Sexual act with victim submitting by compulsion: Class A Crime (17-A M.R.S. § 253(1)(A)) · Sexual act with person under 14: Class A Crime (17-A M.R.S. § 253(1)(B)) · Sexual act with person under 12: Class A Crime (17-A M.R.S. § 253(1)(C)) · Sexual act by impairing capacity via drugs/intoxicants: Class B Crime (17-A M.R.S. § 253(2)(A)) · Sexual act compelled by threat: Class B Crime (17-A M.R.S. § 253(2)(B)) · Sexual act with mentally disabled person: Class B Crime (17-A M.R.S. § 253(2)(C)) · Sexual act with unconscious or physically incapable person: Class B Crime (17-A M.R.S. § 253(2)(D)) · Sexual act with supervised/detained person by supervisory authority: Class B Crime (17-A M.R.S. § 253(2)(E)) · Sexual act with student by school authority figure: Class C Crime (17-A M.R.S. § 253(2)(F)) · Sexual act with minor resident of care facility by authority figure: Class C Crime (17-A M.R.S. § 253(2)(G)) · Sexual act with minor by parent/guardian figure: Class B Crime (17-A M.R.S. § 253(2)(H)) · Sexual act with patient/client by psychiatrist/psychologist/counselor: Class C Crime (17-A M.R.S. § 253(2)(I)) · Sexual act with intellectually disabled/autistic service recipient by facility owner/employee: Class C Crime (17-A M.R.S. § 253(2)(J)) · Sexual act with mentally disabled service recipient by facility owner/employee: Class C Crime (17-A M.R.S. § 253(2)(K)) · Sexual act with dependent adult by caregiver: Class C Crime (17-A M.R.S. § 253(2)(L))
What are the penalties for gross sexual assault in Maine?
Penalties for gross sexual assault in Maine depend on how it is classified — from a Class C Crime up to a Class A Crime — with the ranges set by 17-A M.R.S. § 1604; the full table of ranges by variant is published on this page.
Which Maine statute covers gross sexual assault?
Gross sexual assault is governed by 17-A M.R.S. § 253 (Gross sexual assault).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.