Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 255-A (2026)

Unlawful sexual contact

✓ current as of May 2026
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1.  A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and:  
A. The other person has not consented to the sexual contact and the actor is criminally negligent with regard to whether the other person has consented. Violation of this paragraph is a Class D crime;   [PL 2023, c. 280, §3 (AMD).]
B. The other person has not consented to the sexual contact, the actor is criminally negligent with regard to whether the other person has consented and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;   [PL 2023, c. 280, §4 (AMD).]
C. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact. Violation of this paragraph is a Class D crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
E. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older. Violation of this paragraph is a Class C crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
E-1. The other person, not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older. Violation of this paragraph is a Class B crime;   [PL 2003, c. 711, Pt. B, §3 (NEW).]
F. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older and the sexual contact includes penetration. Violation of this paragraph is a Class B crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
F-1. The other person, not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older and the sexual contact includes penetration. Violation of this paragraph is a Class A crime;   [PL 2003, c. 711, Pt. B, §3 (NEW).]
F-2. The other person, not the actor's spouse, is in fact either 14 or 15 years of age and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime;   [PL 2011, c. 464, §9 (NEW).]
G. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other person has the right to deny or withdraw consent. Violation of this paragraph is a Class D crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
H. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other person has the right to deny or withdraw consent and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
I. The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class D crime;   [PL 2007, c. 102, §2 (AMD).]
J. The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;   [PL 2007, c. 102, §3 (AMD).]
K. The other person, not the actor's spouse, is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student or the actor was a substitute teacher who had instructional, supervisory or disciplinary authority over the student at any time during the 12 months prior to the sexual contact. Violation of this paragraph is a Class D crime;   [PL 2021, c. 360, §3 (AMD).]
L. The other person, not the actor's spouse, is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student and the sexual contact includes penetration or the actor was a substitute teacher who had instructional, supervisory or disciplinary authority over the student at any time during the 12 months prior to the sexual contact and the sexual contact included penetration. Violation of this paragraph is a Class C crime;   [PL 2021, c. 360, §4 (AMD).]
M. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term general care and welfare of that other person. Violation of this paragraph is a Class C crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
N. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term general care and welfare of that other person and the sexual contact includes penetration. Violation of this paragraph is a Class B crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
O. The other person submits as a result of compulsion. Violation of this paragraph is a Class C crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
P. The other person submits as a result of compulsion and the sexual contact includes penetration. Violation of this paragraph is a Class B crime;   [PL 2001, c. 383, §23 (NEW); PL 2001, c. 383, §156 (AFF).]
Q. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with an intellectual disability or autism. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34‑B, section 5001, subsection 3, or autism, as defined in Title 34‑B, section 6002. Violation of this paragraph is a Class D crime;   [PL 2011, c. 542, Pt. A, §12 (AMD).]
R. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with an intellectual disability or autism and the sexual contact includes penetration. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34‑B, section 5001, subsection 3, or autism, as defined in Title 34‑B, section 6002. Violation of this paragraph is a Class C crime;   [PL 2011, c. 542, Pt. A, §12 (AMD).]
R-1. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class D crime;   [PL 2011, c. 423, §4 (NEW).]
R-2. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;   [PL 2011, c. 423, §4 (NEW).]
S. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;   [PL 2005, c. 450, §1 (AMD).]
T. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled and the sexual contact includes penetration. Violation of this paragraph is a Class D crime;   [PL 2005, c. 450, §1 (AMD).]
U. The actor is a psychiatrist, a psychologist or licensed as a social worker or counseling professional or purports to be a psychiatrist, a psychologist or licensed as a social worker or counseling professional to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;   [PL 2019, c. 494, §2 (AMD).]
V. The actor is a psychiatrist, a psychologist or licensed as a social worker or counseling professional or purports to be a psychiatrist, a psychologist or licensed as a social worker or counseling professional to the other person and the other person, not the actor's spouse, is a current patient or client of the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;   [PL 2019, c. 494, §3 (AMD).]
W. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. Violation of this paragraph is a Class D crime; or   [PL 2021, c. 567, §9 (AMD).]
X. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect and the sexual contact includes penetration. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class C crime.   [PL 2011, c. 423, §6 (NEW).]
[PL 2023, c. 280, §§3, 4 (AMD).]
SECTION HISTORY
PL 2001, c. 354, §3 (AMD). PL 2001, c. 383, §23 (NEW). PL 2001, c. 383, §156 (AFF). RR 2003, c. 2, §26 (COR). PL 2003, c. 711, §B3 (AMD). PL 2005, c. 450, §§1,2 (AMD). PL 2007, c. 102, §§2, 3 (AMD). PL 2011, c. 423, §§4-6 (AMD). PL 2011, c. 464, §§9-11 (AMD). PL 2011, c. 542, Pt. A, §12 (AMD). PL 2011, c. 691, Pt. A, §§14, 15 (AMD). PL 2015, c. 509, §2 (AMD). PL 2019, c. 494, §§2, 3 (AMD). PL 2021, c. 360, §§3, 4 (AMD). PL 2021, c. 567, §9 (AMD). PL 2021, c. 608, Pt. E, §§2, 3 (AMD). PL 2023, c. 280, §§3, 4 (AMD).
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Notes of Decisions
Cited in 113 cases (17 in the last 5 years), 2004–2026 · leading case: State of Maine v. William A. Wiley, 2013 ME 30 (Me. 2013).
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State of Maine v. William A. Wiley, 2013 ME 30 (Me. 2013). · cites it 15× “Wiley appeals from a judgment of conviction of seven counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2012), and three counts of unlawful sexual contact (Class B), 17-A M.”
State of Maine v. Nicholas E. Westgate, 2016 ME 145 (Me. 2016). · cites it 13× “383, §§ 22, 23 (codified at 17-A M.R.S.A. § 255-A (Supp. 2002)), the unlawful sexual contact prohibition had evolved hito twenty separately defined crimes, with the sentencing classification for each stated within the paragraph stating the elements of each crime.”
State of Maine v. Colby D. Conroy, 2020 ME 22 (Me. 2020). · cites it 6× “§ 253(2)(F) (2018), unlawful sexual contact (Class D), 17-A M.R.S. § 255-A(1)(K) (2018), sexual abuse of a minor (Class D), 17-A M.”
State v. Moores, 910 A.2d 373 (Me. 2006). · cites it 8× “17, 2005) (codified at 17-A M.R.S. § 255-A (2005)). Tifie 17-A M.”
State of Maine v. Theodore S. Stanislaw, 2013 ME 43 (Me. 2013). · cites it 7× “3 [¶3] Based on his contact with the first victim, he pleaded guilty to three counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1). These acts occurred during the summers of 2004, 2005, and 2006, starting when the victim was ten years old.”
State v. Stanislaw, 2011 ME 67 (Me. 2011). · cites it 7× “) following his guilty plea to three counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2010); one count of unlawful sexual contact (Class C), 17-A M.”
State of Maine v. David Hanscom, 2016 ME 184 (Me. 2016). · cites it 3× “[¶ 1] David Hanscom appeals from a judgment of conviction for two counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2015), entered in the trial court (Oxford County, Clifford, J,) after a jury trial.”
State v. Lavoie, 2010 ME 76 (Me. 2010). · cites it 4× “NOTES [1] The pertinent portion of 17-A M.R.S. § 255-A (2009) provides: 1. A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and: .”
State v. Bailey, 2012 ME 55 (Me. 2012). · cites it 4× “2003), [1] and two counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2011); 17-A M.”
State of Maine v. David P. Hunt Jr., 2023 ME 26 (Me. 2023). · cites it 4× “§ 253(1)(C) (2023), and two counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2023), entered by the trial court (Androscoggin County, Stewart, J.”
State of Maine v. Timothy M. Hunt, 2016 ME 172 (Me. 2016). · cites it 2× “§ 253(1)(C) (2015), and six counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(l)(E-l) (2015). Hunt argues that the court (Wheeler; J.”
State v. Severy, 2010 ME 126 (Me. 2010). · cites it 5× “17-A M.R.S. § 255-A (2009). For purposes of this statute, " 'Actor’ includes, where appropriate, a person who possesses something or who omits to act.”
Show all 113 citing cases →
— Me. Rev. Stat. tit. 17-A, § 255-A(1) — 47 cases
State of Maine v. David P. Hunt Jr., 2023 ME 26 (Me. 2023). “§ 253(1)(C) (2023), and two counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2023), entered by the trial court (Androscoggin County, Stewart, J.”
State v. Seamon, 165 A.3d 342 (Me. 2017).
State v. Stanislaw, 2011 ME 67 (Me. 2011). “) following his guilty plea to three counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2010); one count of unlawful sexual contact (Class C), 17-A M.”
State v. Graham, 998 A.2d 339 (Me. 2010).
State of Maine v. David Hanscom, 2016 ME 184 (Me. 2016). “[¶ 1] David Hanscom appeals from a judgment of conviction for two counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2015), entered in the trial court (Oxford County, Clifford, J,) after a jury trial.”
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(A) — 5 cases
State v. Watts, 2006 ME 109 (Me. 2006).
State v. Gantnier, 55 A.3d 404 (Me. 2012).
State of Maine v. Townsend Thorndike, 2025 ME 61 (Me. 2025).
State of Maine v. Aaron C. Engroff, 2025 ME 83 (Me. 2025).
State of Maine v. Daniel Gantnier, 2026 ME 4 (Me. 2026).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(B) — 5 cases
State of Maine v. Frank C. Sholes, 2020 ME 35 (Me. 2020).
State of Maine v. Arthur J. Jones, 2019 ME 33 (Me. 2019).
State v. Jones, 203 A.3d 816 (Me. 2019).
State of Maine v. William E. Kepner, 2013 ME 90 (Me. 2013).
State of Maine v. Jesse R. Pelletier, 2026 ME 52 (Me. 2026).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(E) — 18 cases
State of Maine v. William A. Wiley, 2013 ME 30 (Me. 2013). “Wiley appeals from a judgment of conviction of seven counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2012), and three counts of unlawful sexual contact (Class B), 17-A M.”
State of Maine v. Theodore S. Stanislaw, 2013 ME 43 (Me. 2013). “3 [¶3] Based on his contact with the first victim, he pleaded guilty to three counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1). These acts occurred during the summers of 2004, 2005, and 2006, starting when the victim was ten years old.”
John Doe v. Dep't of Health & Human Servs., 2018 ME 164 (Me. 2018).
State v. Stanislaw, 2011 ME 67 (Me. 2011). “) following his guilty plea to three counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2010); one count of unlawful sexual contact (Class C), 17-A M.”
State v. Bailey, 2012 ME 55 (Me. 2012). “2003), [1] and two counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2011); 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(E)(1) — 1 case
State of Maine v. Benjamin H. Hodgdon II, 2017 ME 122 (Me. 2017).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(F) — 8 cases
State of Maine v. William A. Wiley, 2013 ME 30 (Me. 2013). “Wiley appeals from a judgment of conviction of seven counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2012), and three counts of unlawful sexual contact (Class B), 17-A M.”
State of Maine v. Jonathan M. Carey, 2013 ME 83 (Me. 2013).
State of Maine v. Michael T. Smith, 2024 ME 56 (Me. 2024).
State v. Moores, 910 A.2d 373 (Me. 2006). “17, 2005) (codified at 17-A M.R.S. § 255-A (2005)). Tifie 17-A M.”
State v. Cook, 2011 ME 94 (Me. 2011).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(K) — 1 case
State of Maine v. Colby D. Conroy, 2020 ME 22 (Me. 2020). “§ 253(2)(F) (2018), unlawful sexual contact (Class D), 17-A M.R.S. § 255-A(1)(K) (2018), sexual abuse of a minor (Class D), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(M) — 2 cases
In re Child of Gustavus E., 2018 ME 43 (Me. 2018).
State of Maine v. Alexander W. Russell, 2023 ME 64 (Me. 2023).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(N) — 1 case
State of Maine v. Alexander W. Russell, 2023 ME 64 (Me. 2023).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(P) — 2 cases
State v. Drewry, 946 A.2d 981 (Me. 2008).
State of Maine v. Jesse R. Pelletier, 2026 ME 52 (Me. 2026).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(Q) — 1 case
State v. LaVallee-Davidson, 26 A.3d 828 (Me. 2011).
— Me. Rev. Stat. tit. 17-A, § 255-A(1)(S) — 1 case
State of Maine v. Colby D. Conroy, 2020 ME 22 (Me. 2020). “§ 253(2)(F) (2018), unlawful sexual contact (Class D), 17-A M.R.S. § 255-A(1)(K) (2018), sexual abuse of a minor (Class D), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 255-A(l) — 21 cases
State of Maine v. Nicholas E. Westgate, 2016 ME 145 (Me. 2016). “383, §§ 22, 23 (codified at 17-A M.R.S.A. § 255-A (Supp. 2002)), the unlawful sexual contact prohibition had evolved hito twenty separately defined crimes, with the sentencing classification for each stated within the paragraph stating the elements of each crime.”
State of Maine v. Timothy M. Hunt, 2016 ME 172 (Me. 2016). “§ 253(1)(C) (2015), and six counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(l)(E-l) (2015). Hunt argues that the court (Wheeler; J.”
State of Maine v. David Hanscom, 2016 ME 184 (Me. 2016). “[¶ 1] David Hanscom appeals from a judgment of conviction for two counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2015), entered in the trial court (Oxford County, Clifford, J,) after a jury trial.”
State v. Dion, 928 A.2d 746 (Me. 2007).
State v. Severy, 2010 ME 126 (Me. 2010). “17-A M.R.S. § 255-A (2009). For purposes of this statute, " 'Actor’ includes, where appropriate, a person who possesses something or who omits to act.”
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(A) — 1 case
State v. Samson, 916 A.2d 977 (Me. 2007).
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(D) — 1 case
State of Maine v. Reginald Dube, 2014 ME 43 (Me. 2014).
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(E) — 19 cases
State v. Moores, 910 A.2d 373 (Me. 2006). “17, 2005) (codified at 17-A M.R.S. § 255-A (2005)). Tifie 17-A M.”
State of Maine v. Nicholas E. Westgate, 2016 ME 145 (Me. 2016). “383, §§ 22, 23 (codified at 17-A M.R.S.A. § 255-A (Supp. 2002)), the unlawful sexual contact prohibition had evolved hito twenty separately defined crimes, with the sentencing classification for each stated within the paragraph stating the elements of each crime.”
State v. Bailey, 2012 ME 55 (Me. 2012). “2003), [1] and two counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2011); 17-A M.”
State v. Bailey, 2010 ME 15 (Me. 2010).
State of Maine v. William A. Wiley, 2013 ME 30 (Me. 2013). “Wiley appeals from a judgment of conviction of seven counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2012), and three counts of unlawful sexual contact (Class B), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(F) — 3 cases
State of Maine v. William A. Wiley, 2013 ME 30 (Me. 2013). “Wiley appeals from a judgment of conviction of seven counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2012), and three counts of unlawful sexual contact (Class B), 17-A M.”
State v. Moores, 910 A.2d 373 (Me. 2006). “17, 2005) (codified at 17-A M.R.S. § 255-A (2005)). Tifie 17-A M.”
State v. Churchill, 32 A.3d 1026 (Me. 2011).
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(M) — 5 cases
State v. Patton, 50 A.3d 544 (Me. 2012).
State v. Poblete, 2010 ME 37 (Me. 2010).
State of Maine v. Travis L. Lyon, 2016 ME 22 (Me. 2016).
State of Maine v. Begin (Me. Super. Ct 2017).
Swanson v. Hallett (Me. Super. Ct 2014).
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(N) — 1 case
State v. Poblete, 2010 ME 37 (Me. 2010).
— Me. Rev. Stat. tit. 17-A, § 255-A(l)(P) — 2 cases
State v. Drewry, 946 A.2d 981 (Me. 2008).
Abukar v. Maine State Bureau of Identification (Me. Super. Ct 2020).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.