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

Me. Rev. Stat. tit. 17-A, § 854 (2026)

Indecent conduct

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1.  A person is guilty of indecent conduct if:  
A. In a public place:  
(1) The actor engages in a sexual act, as defined in section 251. Violation of this subparagraph is a Class E crime;  
(2) The actor knowingly exposes the actor's genitals under circumstances that in fact are likely to cause affront or alarm. Violation of this subparagraph is a Class E crime;  
(3) The actor violates subparagraph (1) and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime; or  
(4) The actor violates subparagraph (2) and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime;   [PL 2007, c. 476, §31 (AMD).]
B. In a private place, the actor exposes the actor's genitals with the intent that the actor be seen from a public place or from another private place. Violation of this paragraph is a Class E crime;   [PL 2001, c. 383, §105 (AMD); PL 2001, c. 383, §156 (AFF).]
C. In a private place, the actor exposes the actor's genitals with the intent that the actor be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm. Violation of this paragraph is a Class E crime;   [PL 2001, c. 383, §105 (AMD); PL 2001, c. 383, §156 (AFF).]
D. The actor violates paragraph B and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class D crime; or   [PL 2007, c. 476, §32 (AMD).]
E. The actor violates paragraph C and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class D crime.   [PL 2007, c. 476, §33 (AMD).]
[PL 2007, c. 476, §§31-33 (AMD).]
2.  For purposes of this section "public place" includes, but is not limited to, motor vehicles that are on a public way.  
[PL 1995, c. 72, §2 (AMD).]
2-A.  It is a defense to prosecution under subsection 1, paragraph C, that the other person previously lived or currently is living in the same household as the actor.  
[PL 1995, c. 72, §2 (NEW).]
3. 
[PL 2001, c. 383, §106 (RP); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §90 (AMD). PL 1989, c. 401, §§B6,B7 (AMD). PL 1995, c. 72, §2 (AMD). PL 1997, c. 256, §1 (AMD). PL 2001, c. 383, §§105,106 (AMD). PL 2001, c. 383, §156 (AFF). PL 2007, c. 476, §§31-33 (AMD).
Notes of Decisions
Cited in 10 cases, 1976–2020 · leading case: State of Maine v. Andrew J. Legassie, 2017 ME 202, 171 A.3d 589.
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State of Maine v. Andrew J. Legassie, 2017 ME 202, 171 A.3d 589. · cites it 8× “Indecent Conduct [¶ 12] Legassie argues that the court erred in interpreting the indecent conduct statute, 17-A M.R.S. § 854. The statutory provision pursuant to which Le-gassie was convicted provides that “[a] person is guilty of indecent conduct if .”
State v. Garland, 482 A.2d 139 (Me. 1984). · cites it 2× “17-A M.R.S.A. § 854. 1 Officer Langella testified that he was not offended; he did not see Garland’s genitals; Garland had turned his back, away from the direction from which Langella approached; no other cars or people were in the area; he further added that he would not have…”
State v. Robbins, 666 A.2d 85 (Me. 1995). · cites it 2× “) following a jury verdict finding him guilty of public indecency, 17-A M.R.S.A. § 854 (1983 & Supp.1994). 1 Robbins argues that the court erred by excluding evidence relating to an alternate suspect and by admitting in evidence the photographic lineup shown to the woman who…”
Santoni v. Potter, 222 F. Supp. 2d 14 (D. Me. 2002). · cites it 2× “The affidavit further identified the affiant as a postal inspector and asserted that he had probable cause to believe that Santoni had committed the state law offense of “indecent conduct,” in violation of 17-A M.R.S.A. § 854. The district court clerk issued a criminal complaint…”
Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976). “17-A MRSA § 854, sub-§ 1, ¶ A, sub-¶ (2), as enacted by PL 1975, c.”
In re A.P., Juv., 2020 VT 86, 246 A.3d 399. “Me. Rev. Stat. Ann. tit. 17-A, § 854. Indecent conduct in Maine may be: (A)(1) in a public place, engaging in a sexual act, (A)(2) in a public place, knowingly exposing one’s genitals “under circumstances that in fact are likely to cause affront or alarm,” (B) in a private…”
State v. Long, 577 A.2d 765 (Me. 1990). “The girl identified Long in a photo array a few days later. He was subsequently convicted of the three counts for which he was indicted: attempted kidnapping, 17-A M.”
State v. Smith, 437 A.2d 639 (Me. 1981). “Defendant was charged under 17-A M.R.S.A. § 854(1)(A)(2) (Supp.1981).”
State v. Dumont, 552 A.2d 1 (Me. 1988). “1988) and public indecency, 17-A M.R.S.A. § 854 (1983). Du-mont contends that he had previously been in jeopardy on these same charges, that there was unnecessary delay in prosecuting the charges within the meaning of M.”
Demmons v. State, 600 A.2d 1118 (Me. 1992). “17-A M.R.S.A. § 854 (Class E) (1983 & Supp.”
Me. Rev. Stat. tit. 17-A, § 854(1)(A)(2): 1 case
State v. Smith, 437 A.2d 639 (Me. 1981). “Defendant was charged under 17-A M.R.S.A. § 854(1)(A)(2) (Supp.1981).”
Me. Rev. Stat. tit. 17-A, § 854(1)(B): 1 case
State of Maine v. Andrew J. Legassie, 2017 ME 202, 171 A.3d 589. “Indecent Conduct [¶ 12] Legassie argues that the court erred in interpreting the indecent conduct statute, 17-A M.R.S. § 854. The statutory provision pursuant to which Le-gassie was convicted provides that “[a] person is guilty of indecent conduct if .”
Me. Rev. Stat. tit. 17-A, § 854(1)(C): 1 case
State of Maine v. Andrew J. Legassie, 2017 ME 202, 171 A.3d 589. “Indecent Conduct [¶ 12] Legassie argues that the court erred in interpreting the indecent conduct statute, 17-A M.R.S. § 854. The statutory provision pursuant to which Le-gassie was convicted provides that “[a] person is guilty of indecent conduct if .”
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