Maine criminal charge
Unlawful sexual contact in Maine
Current through 2026 Maine legislative session
Unlawful sexual contact is a criminal offense under Maine law, defined by 17-A M.R.S. § 255-A. 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. § 255-A.
What is the penalty for unlawful sexual contact in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (No consent, criminal negligence — The other person has not consented and the actor is criminally negligent as to consent.; 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 (No consent, criminal negligence — The other person has not consented and the actor is criminally negligent as to consent.; 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 (No consent, criminal negligence, with penetration — Same as (1)(A) but the sexual contact includes penetration.; 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 (No consent, criminal negligence, with penetration — Same as (1)(A) but the sexual contact includes penetration.; 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 364 days (Victim unconscious/physically incapable, no consent — The other person is unconscious or physically incapable of resisting and has not consented.; 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 (Victim unconscious/physically incapable, no consent — The other person is unconscious or physically incapable of resisting and has not consented.; 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 (Victim unconscious/physically incapable, no consent, with penetration — Same as (1)(C) but the sexual contact includes penetration.; 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 (Victim unconscious/physically incapable, no consent, with penetration — Same as (1)(C) but the sexual contact includes penetration.; 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 (Victim under 14, actor 3+ years older — The other person is under 14 (not actor's spouse) and actor is at least 3 years older.; 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 (Victim under 14, actor 3+ years older — The other person is under 14 (not actor's spouse) and actor is at least 3 years older.; 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 (Victim under 12, actor 3+ years older — The other person is under 12 (not actor's spouse) and actor is at least 3 years older.; 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 (Victim under 12, actor 3+ years older — The other person is under 12 (not actor's spouse) and actor is at least 3 years older.; 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 (Victim under 14, actor 3+ years older, with penetration — Same as (1)(E) but sexual contact includes penetration.; 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 (Victim under 14, actor 3+ years older, with penetration — Same as (1)(E) but sexual contact includes penetration.; 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 30 years (Victim under 12, actor 3+ years older, with penetration — Same as (1)(E-1) but sexual contact includes penetration.; 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 (Victim under 12, actor 3+ years older, with penetration — Same as (1)(E-1) but sexual contact includes penetration.; 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 364 days (Victim 14 or 15, actor 10+ years older — The other person is 14 or 15 (not actor's spouse) and actor is at least 10 years older.; 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 (Victim 14 or 15, actor 10+ years older — The other person is 14 or 15 (not actor's spouse) and actor is at least 10 years older.; 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 364 days (Victim with apparent/known mental disability — The other person suffers from a reasonably apparent or known mental disability rendering them substantially incapable of appraising the contact or their right to withdraw consent.; 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 (Victim with apparent/known mental disability — The other person suffers from a reasonably apparent or known mental disability rendering them substantially incapable of appraising the contact or their right to withdraw consent.; 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 (Victim with apparent/known mental disability, with penetration — Same as (1)(G) but sexual contact includes penetration.; 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 (Victim with apparent/known mental disability, with penetration — Same as (1)(G) but sexual contact includes penetration.; 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 364 days (Victim under official supervision/authority — The other person (not spouse) is under official supervision or detained and actor has supervisory/disciplinary authority over them.; 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 (Victim under official supervision/authority — The other person (not spouse) is under official supervision or detained and actor has supervisory/disciplinary authority over them.; 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 (Victim under official supervision/authority, with penetration — Same as (1)(I) but sexual contact includes penetration.; 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 (Victim under official supervision/authority, with penetration — Same as (1)(I) but sexual contact includes penetration.; 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 364 days (Student and school authority figure — The other person is a student (not spouse) and actor is a teacher/employee/official or substitute teacher with instructional/supervisory/disciplinary authority over the student.; 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 (Student and school authority figure — The other person is a student (not spouse) and actor is a teacher/employee/official or substitute teacher with instructional/supervisory/disciplinary authority over the student.; 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 (Student and school authority figure, with penetration — Same as (1)(K) but sexual contact includes penetration.; 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 (Student and school authority figure, with penetration — Same as (1)(K) but sexual contact includes penetration.; 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 unlawful sexual contact classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| No consent, criminal negligence | Class D Crime | The other person has not consented and the actor is criminally negligent as to consent. | 17-A M.R.S. § 255-A(1)(A) |
| No consent, criminal negligence, with penetration | Class C Crime | Same as (1)(A) but the sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(B) |
| Victim unconscious/physically incapable, no consent | Class D Crime | The other person is unconscious or physically incapable of resisting and has not consented. | 17-A M.R.S. § 255-A(1)(C) |
| Victim unconscious/physically incapable, no consent, with penetration | Class C Crime | Same as (1)(C) but the sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(D) |
| Victim under 14, actor 3+ years older | Class C Crime | The other person is under 14 (not actor's spouse) and actor is at least 3 years older. | 17-A M.R.S. § 255-A(1)(E) |
| Victim under 12, actor 3+ years older | Class B Crime | The other person is under 12 (not actor's spouse) and actor is at least 3 years older. | 17-A M.R.S. § 255-A(1)(E-1) |
| Victim under 14, actor 3+ years older, with penetration | Class B Crime | Same as (1)(E) but sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(F) |
| Victim under 12, actor 3+ years older, with penetration | Class A Crime | Same as (1)(E-1) but sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(F-1) |
| Victim 14 or 15, actor 10+ years older | Class D Crime | The other person is 14 or 15 (not actor's spouse) and actor is at least 10 years older. | 17-A M.R.S. § 255-A(1)(F-2) |
| Victim with apparent/known mental disability | Class D Crime | The other person suffers from a reasonably apparent or known mental disability rendering them substantially incapable of appraising the contact or their right to withdraw consent. | 17-A M.R.S. § 255-A(1)(G) |
| Victim with apparent/known mental disability, with penetration | Class C Crime | Same as (1)(G) but sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(H) |
| Victim under official supervision/authority | Class D Crime | The other person (not spouse) is under official supervision or detained and actor has supervisory/disciplinary authority over them. | 17-A M.R.S. § 255-A(1)(I) |
| Victim under official supervision/authority, with penetration | Class C Crime | Same as (1)(I) but sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(J) |
| Student and school authority figure | Class D Crime | The other person is a student (not spouse) and actor is a teacher/employee/official or substitute teacher with instructional/supervisory/disciplinary authority over the student. | 17-A M.R.S. § 255-A(1)(K) |
| Student and school authority figure, with penetration | Class C Crime | Same as (1)(K) but sexual contact includes penetration. | 17-A M.R.S. § 255-A(1)(L) |
Common questions about unlawful sexual contact in Maine
What class of crime is unlawful sexual contact in Maine?
It depends on the circumstances: unlawful sexual contact ranges from a Class D Crime to a Class A Crime in Maine under 17-A M.R.S. § 255-A.
No consent, criminal negligence: Class D Crime (17-A M.R.S. § 255-A(1)(A)) · No consent, criminal negligence, with penetration: Class C Crime (17-A M.R.S. § 255-A(1)(B)) · Victim unconscious/physically incapable, no consent: Class D Crime (17-A M.R.S. § 255-A(1)(C)) · Victim unconscious/physically incapable, no consent, with penetration: Class C Crime (17-A M.R.S. § 255-A(1)(D)) · Victim under 14, actor 3+ years older: Class C Crime (17-A M.R.S. § 255-A(1)(E)) · Victim under 12, actor 3+ years older: Class B Crime (17-A M.R.S. § 255-A(1)(E-1)) · Victim under 14, actor 3+ years older, with penetration: Class B Crime (17-A M.R.S. § 255-A(1)(F)) · Victim under 12, actor 3+ years older, with penetration: Class A Crime (17-A M.R.S. § 255-A(1)(F-1)) · Victim 14 or 15, actor 10+ years older: Class D Crime (17-A M.R.S. § 255-A(1)(F-2)) · Victim with apparent/known mental disability: Class D Crime (17-A M.R.S. § 255-A(1)(G)) · Victim with apparent/known mental disability, with penetration: Class C Crime (17-A M.R.S. § 255-A(1)(H)) · Victim under official supervision/authority: Class D Crime (17-A M.R.S. § 255-A(1)(I)) · Victim under official supervision/authority, with penetration: Class C Crime (17-A M.R.S. § 255-A(1)(J)) · Student and school authority figure: Class D Crime (17-A M.R.S. § 255-A(1)(K)) · Student and school authority figure, with penetration: Class C Crime (17-A M.R.S. § 255-A(1)(L))
What are the penalties for unlawful sexual contact in Maine?
Penalties for unlawful sexual contact in Maine depend on how it is classified — from a Class D 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 unlawful sexual contact?
Unlawful sexual contact is governed by 17-A M.R.S. § 255-A (Unlawful sexual contact).
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.