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5 Maine opinions name it 1 courts 2005–2026 3 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rosemond v. United Statesgreen2 sentences2018See Rosemond v. United States , 572 U.S. 65 , 134 S.Ct. 1240 , 1243-45, 188 L.Ed.2d 248 (2014). 2018See Rosemond v. United States , 572 U.S. 65 , 134 S.Ct. 1240 , 1243-45, 188 L.Ed.2d 248 (2014). | 1 | 1 |
State v. Smithgreen1 sentence2005See 17-A M.R.S.A. § 101(1) (Supp.2004); see also State v. Smith, 472 A.2d 948, 951 (Me.1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of Maine v. Ahmed M. Asaad
green
2 sentences2025A to L.D. 1903, No. H-892 (130th Legis. 2022) (changing the mens rea requirement from knowingly to criminal negligence). [¶12] Although we communicated in Asaad the need for the Legislature to specify the mens rea requirement for offenses within section 253, see 2020 ME 11, ¶ 15 , 224 A.3d 596 (“In this complicated and nuanced area of human behavior in which norms—and nationally, legal standards—are varied and rapidly changing, courts must look to the Legislature for broad-based policy judgments.”), the Legislature amended only subsection 253(2)(M), leaving the courts and parties uncertain of 2025A to L.D. 1903, No. H-892 (130th Legis. 2022) (changing the mens rea requirement from knowingly to criminal negligence). [¶12] Although we communicated in Asaad the need for the Legislature to specify the mens rea requirement for offenses within section 253, see 2020 ME 11, ¶ 15 , 224 A.3d 596 (“In this complicated and nuanced area of human behavior in which norms—and nationally, legal standards—are varied and rapidly changing, courts must look to the Legislature for broad-based policy judgments.”), the Legislature amended only subsection 253(2)(M), leaving the courts and parties uncertain of | 2 | 2025–2026 |
State of Maine v. Kulmiye Idris
green
2 sentences2026Relying on State v. Asaad, 2020 ME 11 , 224 A.3d 596 , and State v. Idris, 2025 ME 17 , 331 A.3d 419 , the trial court concluded that the State had to prove beyond a reasonable doubt that Pelletier was criminally negligent as to whether the victim acquiesced. 2026Relying on State v. Asaad, 2020 ME 11 , 224 A.3d 596 , and State v. Idris, 2025 ME 17 , 331 A.3d 419 , the trial court concluded that the State had to prove beyond a reasonable doubt that Pelletier was criminally negligent as to whether the victim acquiesced. | 1 | 2026–2026 |
State v. Proia
green
1 sentence2026While Marin is correct that gross sexual assault does not require proof of intent, 17-A M.R.S. § 253(1)(C), see State v. Proia, 2017 ME 169, ¶ 11 n.3, 168 A.3d 798, the other charges of unlawful sexual contact and unlawful sexual touching do require proof of intent. 17-A M.R.S. § 255-A(1)(E-1); 17-A M.R.S. § 260(1)(C). | 1 | 2026–2026 |
State of Maine v. Thomas A. Proia
green
1 sentence2026While Marin is correct that gross sexual assault does not require proof of intent, 17-A M.R.S. § 253(1)(C), see State v. Proia, 2017 ME 169, ¶ 11 n.3, 168 A.3d 798, the other charges of unlawful sexual contact and unlawful sexual touching do require proof of intent. 17-A M.R.S. § 255-A(1)(E-1); 17-A M.R.S. § 260(1)(C). | 1 | 2026–2026 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.