Maine criminal charge
Incest in Maine
Incest is a criminal offense under Maine law, defined by 17-A M.R.S. § 556. 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. § 556.
What is the penalty for incest in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Incest — A person at least 18 years old engages in sexual intercourse with another person known to be related within the 2nd degree of consanguinity.; the statutory maximum is 'less than one year' (17-A M.R.S. §1604(1)(D)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $2,000 (Incest — A person at least 18 years old engages in sexual intercourse with another person known to be related within the 2nd degree of consanguinity.; maximum for an individual (17-A M.R.S. §1704(4)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Incest — repeat offender — The person violates paragraph A and has 2 or more prior Maine convictions under this section or for substantially similar conduct in another jurisdiction.; 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 (Incest — repeat offender — The person violates paragraph A and has 2 or more prior Maine convictions under this section or for substantially similar conduct in another jurisdiction.; 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 incest classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Incest | Class D Crime | A person at least 18 years old engages in sexual intercourse with another person known to be related within the 2nd degree of consanguinity. | 17-A M.R.S. § 556(1)(A) |
| Incest — repeat offender | Class C Crime | The person violates paragraph A and has 2 or more prior Maine convictions under this section or for substantially similar conduct in another jurisdiction. | 17-A M.R.S. § 556(1)(B) |
Common questions about incest in Maine
What class of crime is incest in Maine?
It depends on the circumstances: incest ranges from a Class D Crime to a Class C Crime in Maine under 17-A M.R.S. § 556.
Incest: Class D Crime (17-A M.R.S. § 556(1)(A)) · Incest — repeat offender: Class C Crime (17-A M.R.S. § 556(1)(B))
What are the penalties for incest in Maine?
Penalties for incest in Maine depend on how it is classified — from a Class D Crime up to a Class C 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 incest?
Incest is governed by 17-A M.R.S. § 556 (Incest).
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.