Maine Sex Offenses and Why They Are Different

The punishment for sex crimes in Maine is an extensive process of penalties and reformation. State law and Federal code on sex crimes inform the disciplinary process. Often, a sex offender gets flagged in a publicly accessible registry. The government implemented this system to protect the community and to create a stigma to serve as a deterrent. Maine’s law code provides the definitions and interpretations of sexual crimes and punishments in the state.

What is Maine Sex Crime?

According to Maine’s laws, sex crimes may range from public display of sexual acts to felonious violation of individuals. Offenses that are considered sex crimes per the Maine Legal Code generally align with federal regulations on sex crimes. Consequently, both federal and state authorities can prosecute a sex crime in Maine.

What are the Different Types of Sex Offenses?

According to Title 17–A, Chapter 11 of the state code, the sex offense categories in Maine are generally:

• Sexual abuse of minors: this statute also governs statutory rape, which is sexual intercourse with children. A child here depends on several factors. If the child is between 14 and 15 years of age while the offender is five years older, it is a Class D crime. If the victim has family relations with the offender, it becomes a Class C crime. A Class E crime in this category is when the offender is at least 21 years old and engages in sexual acts with persons between the ages of 16 and 17 who are under their supervision.
• Visual sexual affront against a child: if the offender is at least 18 years old and the victim is less than 14 years old, it is a Class D crime. When the victim is less than 12 years of age, the law interprets it as a Class C crime.
• All forms of sexual misconduct with a child under 14 years: Any form of sexual misconduct with persons below the age of 14 years by an offender who is 18 years and above is a Class D crime. Where the victim is less than 12 years old it becomes a Class C crime.
• Soliciting a child’s cooperation to commit an unlawful sexual act: sexual acts with persons less than 14 years of age in which the offender is three years older are Class D crimes. It becomes a Class C crime when the victim is less than 12 years of age. Prohibited acts in this category refer to the law’s interpretation of sexual acts, sexual contact, and sexual exploitation of a minor.
• Soliciting a child’s cooperation in prostitution: the law interprets or deliberate acts in this respect as a Class D crime.
• Inappropriate touching of body parts for sexual gratification: all forms of sexual touching are Class D crimes in this category.
• Gross sexual assault refers to sexual acts with victims under compulsion, force, or persons with no capacity for consent, or below the age of 14 years. It is a Class A crime. A Class B crime in this category refers to the sexual violation of persons under official care or supervision. Class C crimes are the same as Class B, except that they happened in a private facility.
• Unlawful contact with a minor in a sex offender restricted zone: all prohibited contact with minors in places designated as “Sex Offender Restricted Zone.” It refers to areas where children are the primary users, such as a toilet facility.

Class A crimes are the most severe and face penalties of up to 30 years in prison and $50,000 in fines. Class B category of crimes receives punishments of up to 10 years in prison and $20,000 in fines. Class C crimes receive a maximum of five years in jail and $5,000 in fines. Class D category of crimes receives prison time of up to one year and $2,000 fines, while Class E crimes attract a maximum of six months’ jail time and a fine of $1,000. Additionally, sex offenders are required to register for at least 10 years with the Maine Sex Offender Registry.

Sex Offender Levels of Classification in Maine

There are three tiers of sex offender Classifications in Maine:

• Tier 1 offense means that the individual has a conviction for a Class D or E crime involving an adult victim at the time of the incident. They must register with the local law enforcement agency for ten years.
• A Tier 2 offense is a conviction for a Class C crime. It involves adult victims only, and the registration period is 25 years.
• Tier 3 offenses receive a conviction for a Class A or B crime and must register for a lifetime.

It is worth noting that any tier of the registry can include both adults convicted of the offense and juveniles who were prosecuted and sentenced as adults.

How Do I Find A Sex Offender Near Me in Maine?

Interested members of the public may find a Sex offender in Maine by contacting the local law enforcement agency of interest. Usually, the sheriff’s department maintains a register of sex offenders in the county, city, or town. The state’s laws require that the register be made available in hard copy format at the sheriff’s office and electronically on the department’s website.

Maine Sex Offender Registry

The State of Maine maintains a central sex offender registry containing the names of all sex offenders convicted within the state who have complied with the registration order. The registry also features the names and information of offenders in other states who have moved into Maine. The Maine State Bureau of Identification, under the auspices of Maine State Police, collects data from the county level and collates it into a database, allowing interested members of the public convenient access to this data. Although sex offender information may be accessed in paper copies, the State Police often refer inquiries to the Maine State Police website’s electronically available database. Maine sex offender records are public records, and there are no restrictions on eligibility to view or copy them. The following information is typically available on the registry: 

• Names, aliases, birth date, and a recent photo of the registrant
• Contact address of the registrants
• The place of employment or School where the registrant works or studies, as applicable
• The corresponding mailing address and live location of the workplace
• A summary of the sex offense for which the registrant received the conviction and an accompanying statutory citation
• Indicator as a tier 1, 2, or 3 registrant
• The resident location of the registrant on a map.

Alongside official custodians, third-party websites also maintain records that are considered public. These websites enable convenient and expedited retrieval of public records since they host information aggregated from various geographic locations and can be accessed remotely. To use these databases, inquirers are usually required to furnish the search engine with:

• The name of the record holder, unless said person is a juvenile
• The location of the document and the violator
• The city, county, or state that the person resides in or was accused in.

Third-party sites operate independently of government sources and are not sponsored by these government agencies. Thus, record availability on third-party websites may vary.

What are the Sex Offender Restrictions in Maine?

All registrants must report in person to the local law enforcement agency in their residential area within three days of receiving a conviction or completing an incarceration sentence. They must notify the agency within 24 hours should they begin employment or enroll in college/school. Tier 1 and 2 registrants with multiple convictions may be reclassified to Tier 3 registrants. Although Maine does not impose restrictions on employment or residence like other states, sex offenders may face restrictions in some towns, especially under probation or supervision. Failure to comply with the set restrictions may be considered a Class D violation. A repeat offense of non-compliance skills leads to a Class C crime, while a third offense escalates it to a Class B crime.