Maine statute
17-A M.R.S. § 556 — Incest
Current through First Special Session of the 132nd Maine Legislature (current through October 1, 2025)
Part of Chapter 23: Offenses Against the Family, Maine Revised Statutes.
Criminal charges under this statute
Full text of 17-A M.R.S. § 556
Statutory text current through the First Special Session of the 132nd Maine Legislature (current through October 1, 2025). This publication reproduces the statutory text of the Maine Revised Statutes from the Revisor of Statutes' official published files; it is not the official statutes of the State of Maine and has not been certified by the Secretary of State.
1. A person is guilty of incest if the person is at least 18 years of age and:
A. Engages in sexual intercourse with another person who the actor knows is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; or
B. Violates paragraph A and, at the time of the incest, the person has 2 or more prior Maine convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.
1-A. It is a defense to a prosecution under this section that, at the time the actor engaged in sexual intercourse with the other person, the actor was legally married to the other person.
1-B. As used in this section "sexual intercourse" means any penetration of the female sex organ by the male sex organ. Emission is not required.
1-C. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the following meanings.
A. When the actor is a woman, it means the other person is her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother.
B. When this actor is a man, it means the other person is his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister.
2.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.