Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 556 (2026)

Incest

✓ current as of May 2026

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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 [PL 2001, c. 383, §70 (NEW); PL 2001, c. 383, §156 (AFF).]

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. [PL 2007, c. 476, §25 (AMD).]

[PL 2007, c. 476, §25 (AMD).]

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.

[PL 1989, c. 401, Pt. A, §7 (AMD).]

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.

[PL 1989, c. 401, Pt. A, §7 (NEW).]

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. [PL 2001, c. 383, §71 (NEW); PL 2001, c. 383, §156 (AFF).]

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. [PL 2001, c. 383, §71 (NEW); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §71 (NEW); PL 2001, c. 383, §156 (AFF).]

2.

[PL 2001, c. 383, §72 (RP); PL 2001, c. 383, §156 (AFF).]

SECTION HISTORY

PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §72 (AMD). PL 1977, c. 510, §57 (AMD). PL 1989, c. 401, §A7 (AMD). PL 1993, c. 451, §3 (AMD). PL 2001, c. 383, §§70-72 (AMD). PL 2001, c. 383, §156 (AFF). PL 2007, c. 476, §25 (AMD).

Notes of Decisions

Cited in 11 cases, 1976–2018 · leading case: State v. DeLong, 505 A.2d 803 (Me. 1986).

Sort: Relevance Newest Treatment

State v. DeLong, 505 A.2d 803 (Me. 1986). · cites it 2× “Following a jury trial, the Superior Court (Penobscot County) convicted defendant James DeLong of four counts of incest, 17-A M.R.S.A. § 556 (1983), which he committed upon his minor daughter.”

Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “§ 14:78 (West 1986); Me. Rev. Stat. Ann tit. 17-A, § 556 (West 1983); Minn.”

State v. Huntley, 676 A.2d 501 (Me. 1996). · cites it 2× “1995) and one count of incest in violation of 17-A M.R.S.A. § 556 (Supp.1995). Although Huntley filed no motion to withdraw his guilty pleas prior to sentencing pursuant to M.”

State v. Poblete, 2010 ME 37 (Me. 2010). “§ 255-A(l)(M) (2009); three counts of incest (Class D), 17-A M.R.S. § 556(1)(A) (2009); and one count of unlawful sexual touching (Class D), 17-A M.”

State v. Brown, 2000 ME 25 (Me. 2000). · cites it 2× “§ 253 (1989), 2 and incest in violation of 17-A M.R.S.A. § 556 (1989). 3 Brown contends the court committed error when it denied his request for a continuance so he could consider seeking new counsel and there was insufficient evidence to support the jury’s verdicts on two of…”

State v. Thompson, 503 A.2d 689 (Me. 1986). “§ 253(1)(B), a Class A crime; one count of incest, 17-A M.R.S.A. § 556, a Class D crime; and one count of sexual abuse of a minor, 17-A M.”

State of Maine v. Ralph C. Miller, 2018 ME 112 (Me. 2018). “The victim had experienced an unstable childhood, and she moved in with Miller and his family in late 2008.”

State v. Miller, 191 A.3d 356 (Me. 2018). “Miller was also convicted of one count of incest (Class D), 17-A M.R.S. § 556(1)(A) (2017), but he does not appeal from that conviction.”

Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976). “17-A MRSA § 556, sub-§ 1, as enacted by PL 1975, c.”

Hinkley v. Baker, 122 F. Supp. 2d 48 (D. Me. 2000). “” 17-A M.R.S.A. § 556(1-B). Plaintiff does not allege vaginal penetration.”

State v. Sockbeson, 430 A.2d 1105 (Me. 1981). “The incest statute, 17-A M.R.S.A. § 556, provides: A person is guilty of incest if, being at least 18 years of age, he has sexual intercourse with another person as to whom he knows he is related within the 2nd degree of consanguinity.”

— Me. Rev. Stat. tit. 17-A, § 556(1) — 1 case

State v. Brown, 2000 ME 25 (Me. 2000). “§ 253 (1989), 2 and incest in violation of 17-A M.R.S.A. § 556 (1989). 3 Brown contends the court committed error when it denied his request for a continuance so he could consider seeking new counsel and there was insufficient evidence to support the jury’s verdicts on two of…”

— Me. Rev. Stat. tit. 17-A, § 556(1)(A) — 3 cases

State v. Poblete, 2010 ME 37 (Me. 2010). “§ 255-A(l)(M) (2009); three counts of incest (Class D), 17-A M.R.S. § 556(1)(A) (2009); and one count of unlawful sexual touching (Class D), 17-A M.”

State of Maine v. Ralph C. Miller, 2018 ME 112 (Me. 2018). “The victim had experienced an unstable childhood, and she moved in with Miller and his family in late 2008.”

State v. Miller, 191 A.3d 356 (Me. 2018). “Miller was also convicted of one count of incest (Class D), 17-A M.R.S. § 556(1)(A) (2017), but he does not appeal from that conviction.”

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