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Legal Information: Maine

Statutes: Maine

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November 28, 2023

§ 556. Incest

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. Repealed. Laws 2001, c. 383, § 72, eff. Jan. 31, 2003.