Maine criminal charge
Unlawful sexual touching in Maine
Current through 2026 Maine legislative session
Unlawful sexual touching is a criminal offense under Maine law, defined by 17-A M.R.S. § 260. 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. § 260.
What is the penalty for unlawful sexual touching in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Sexual touching without consent (criminal negligence as to consent) — The other person has not consented to the sexual touching and the actor is criminally negligent regarding whether the other person 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 (Sexual touching without consent (criminal negligence as to consent) — The other person has not consented to the sexual touching and the actor is criminally negligent regarding whether the other person 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 364 days (Sexual touching of unconscious or physically incapable person — The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual touching.; 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 (Sexual touching of unconscious or physically incapable person — The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual touching.; 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 (Sexual touching of a minor under 14 by older actor — The other person is under 14, not the actor's spouse, and the actor is at least 5 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 (Sexual touching of a minor under 14 by older actor — The other person is under 14, not the actor's spouse, and the actor is at least 5 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 (Sexual touching of a person with mental disability — The other person has a reasonably apparent or known mental disability rendering them substantially incapable of understanding the touching or their right to refuse 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 (Sexual touching of a person with mental disability — The other person has a reasonably apparent or known mental disability rendering them substantially incapable of understanding the touching or their right to refuse 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 364 days (Sexual touching by supervisory authority over detained/supervised person — The other person, not the actor's spouse, is under official supervision or detained and the actor holds supervisory or 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 (Sexual touching by supervisory authority over detained/supervised person — The other person, not the actor's spouse, is under official supervision or detained and the actor holds supervisory or 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 364 days (Sexual touching of a student by teacher/school employee — The other person is a student and the actor is a teacher, employee, official, or substitute teacher with instructional, supervisory, or 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 (Sexual touching of a student by teacher/school employee — The other person is a student and the actor is a teacher, employee, official, or substitute teacher with instructional, supervisory, or 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 364 days (Sexual touching of a minor by caretaker — 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.; 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 (Sexual touching of a minor by caretaker — 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.; 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 (Sexual touching by compulsion — The other person submits to the sexual touching as a result of compulsion.; 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 (Sexual touching by compulsion — The other person submits to the sexual touching as a result of compulsion.; 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 (Sexual touching by DHHS-related organization employee of person with intellectual disability or autism — The actor owns, operates, or works for a DHHS-related organization and the other person, not the actor's spouse, receives services there and is recognized as having an intellectual disability or autism.; 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 (Sexual touching by DHHS-related organization employee of person with intellectual disability or autism — The actor owns, operates, or works for a DHHS-related organization and the other person, not the actor's spouse, receives services there and is recognized as having an intellectual disability or autism.; 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 6 months (Sexual touching of minor student by adult school district employee — The other person is under 18, not the actor's spouse, and a student, and the actor, at least 21 years old, is a teacher, employee, or official in the school district or unit where the student is enrolled.; statutory default maximum (17-A M.R.S. §1604(1)(E)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $1,000 (Sexual touching of minor student by adult school district employee — The other person is under 18, not the actor's spouse, and a student, and the actor, at least 21 years old, is a teacher, employee, or official in the school district or unit where the student is enrolled.; maximum for an individual (17-A M.R.S. §1704(5)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 364 days (Sexual touching by psychiatrist/psychologist/counselor of patient or client — The actor is or purports to be a psychiatrist, psychologist, or licensed social worker/counseling professional and the other person, not the actor's spouse, is a current patient or client.; 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 (Sexual touching by psychiatrist/psychologist/counselor of patient or client — The actor is or purports to be a psychiatrist, psychologist, or licensed social worker/counseling professional and the other person, not the actor's spouse, is a current patient or client.; 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 (Sexual touching by DHHS-related organization employee of person with mental disability — The actor owns, operates, or works for a DHHS-related organization and the other person, not the actor's spouse, receives services there and has a reasonably apparent or known mental disability.; 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 (Sexual touching by DHHS-related organization employee of person with mental disability — The actor owns, operates, or works for a DHHS-related organization and the other person, not the actor's spouse, receives services there and has a reasonably apparent or known mental disability.; 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 (Sexual touching by caregiver of dependent person — The actor is employed to provide care to a dependent person, not the actor's spouse or domestic partner, who is unable to perform self-care due to advanced age or physical or mental disease, disorder, or defect.; 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 (Sexual touching by caregiver of dependent person — The actor is employed to provide care to a dependent person, not the actor's spouse or domestic partner, who is unable to perform self-care due to advanced age or physical or mental disease, disorder, or defect.; 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 |
Applies to current (PL 2019, c. 113 recodification).
How is unlawful sexual touching classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual touching without consent (criminal negligence as to consent) | Class D Crime | The other person has not consented to the sexual touching and the actor is criminally negligent regarding whether the other person consented. | 17-A M.R.S. § 260(1)(A) |
| Sexual touching of unconscious or physically incapable person | Class D Crime | The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual touching. | 17-A M.R.S. § 260(1)(B) |
| Sexual touching of a minor under 14 by older actor | Class D Crime | The other person is under 14, not the actor's spouse, and the actor is at least 5 years older. | 17-A M.R.S. § 260(1)(C) |
| Sexual touching of a person with mental disability | Class D Crime | The other person has a reasonably apparent or known mental disability rendering them substantially incapable of understanding the touching or their right to refuse consent. | 17-A M.R.S. § 260(1)(D) |
| Sexual touching by supervisory authority over detained/supervised person | Class D Crime | The other person, not the actor's spouse, is under official supervision or detained and the actor holds supervisory or disciplinary authority over them. | 17-A M.R.S. § 260(1)(E) |
| Sexual touching of a student by teacher/school employee | Class D Crime | The other person is a student and the actor is a teacher, employee, official, or substitute teacher with instructional, supervisory, or disciplinary authority over the student. | 17-A M.R.S. § 260(1)(F) |
| Sexual touching of a minor by caretaker | Class D 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. | 17-A M.R.S. § 260(1)(G) |
| Sexual touching by compulsion | Class D Crime | The other person submits to the sexual touching as a result of compulsion. | 17-A M.R.S. § 260(1)(H) |
| Sexual touching by DHHS-related organization employee of person with intellectual disability or autism | Class D Crime | The actor owns, operates, or works for a DHHS-related organization and the other person, not the actor's spouse, receives services there and is recognized as having an intellectual disability or autism. | 17-A M.R.S. § 260(1)(I) |
| Sexual touching of minor student by adult school district employee | Class E Crime | The other person is under 18, not the actor's spouse, and a student, and the actor, at least 21 years old, is a teacher, employee, or official in the school district or unit where the student is enrolled. | 17-A M.R.S. § 260(1)(J) |
| Sexual touching by psychiatrist/psychologist/counselor of patient or client | Class D Crime | The actor is or purports to be a psychiatrist, psychologist, or licensed social worker/counseling professional and the other person, not the actor's spouse, is a current patient or client. | 17-A M.R.S. § 260(1)(K) |
| Sexual touching by DHHS-related organization employee of person with mental disability | Class D Crime | The actor owns, operates, or works for a DHHS-related organization and the other person, not the actor's spouse, receives services there and has a reasonably apparent or known mental disability. | 17-A M.R.S. § 260(1)(L) |
| Sexual touching by caregiver of dependent person | Class D Crime | The actor is employed to provide care to a dependent person, not the actor's spouse or domestic partner, who is unable to perform self-care due to advanced age or physical or mental disease, disorder, or defect. | 17-A M.R.S. § 260(1)(M) |
Common questions about unlawful sexual touching in Maine
What class of crime is unlawful sexual touching in Maine?
It depends on the circumstances: unlawful sexual touching ranges from a Class E Crime to a Class D Crime in Maine under 17-A M.R.S. § 260.
Sexual touching without consent (criminal negligence as to consent): Class D Crime (17-A M.R.S. § 260(1)(A)) · Sexual touching of unconscious or physically incapable person: Class D Crime (17-A M.R.S. § 260(1)(B)) · Sexual touching of a minor under 14 by older actor: Class D Crime (17-A M.R.S. § 260(1)(C)) · Sexual touching of a person with mental disability: Class D Crime (17-A M.R.S. § 260(1)(D)) · Sexual touching by supervisory authority over detained/supervised person: Class D Crime (17-A M.R.S. § 260(1)(E)) · Sexual touching of a student by teacher/school employee: Class D Crime (17-A M.R.S. § 260(1)(F)) · Sexual touching of a minor by caretaker: Class D Crime (17-A M.R.S. § 260(1)(G)) · Sexual touching by compulsion: Class D Crime (17-A M.R.S. § 260(1)(H)) · Sexual touching by DHHS-related organization employee of person with intellectual disability or autism: Class D Crime (17-A M.R.S. § 260(1)(I)) · Sexual touching of minor student by adult school district employee: Class E Crime (17-A M.R.S. § 260(1)(J)) · Sexual touching by psychiatrist/psychologist/counselor of patient or client: Class D Crime (17-A M.R.S. § 260(1)(K)) · Sexual touching by DHHS-related organization employee of person with mental disability: Class D Crime (17-A M.R.S. § 260(1)(L)) · Sexual touching by caregiver of dependent person: Class D Crime (17-A M.R.S. § 260(1)(M))
What are the penalties for unlawful sexual touching in Maine?
Penalties for unlawful sexual touching in Maine depend on how it is classified — from a Class E Crime up to a Class D 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 touching?
Unlawful sexual touching is governed by 17-A M.R.S. § 260 (Unlawful sexual touching).
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.