Maine Code § 17-A-251

Definitions and general provisions
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1. In this chapter the following definitions apply.
A. "Spouse" means a person legally married to the actor, but does not include a legally married
person living apart from the actor under a defacto separation. [PL 1975, c. 499, §1 (NEW).]
B. [PL 1989, c. 401, Pt. A, §2 (RP).]
C. "Sexual act" means:
(1) Any act between 2 persons involving direct physical contact between the genitals of one
and the mouth or anus of the other, or direct physical contact between the genitals of one and
the genitals of the other;

(2) Any act between a person and an animal being used by another person which act involves
direct physical contact between the genitals of one and the mouth or anus of the other, or direct
physical contact between the genitals of one and the genitals of the other; or
(3) Any act involving direct physical contact between the genitals or anus of one and an
instrument or device manipulated by another person when that act is done for the purpose of
arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive
physical contact.
A sexual act may be proved without allegation or proof of penetration. [PL 1985, c. 495, §5
(RPR).]
D. "Sexual contact" means any touching of the genitals or anus, directly or through clothing, other
than as would constitute a sexual act, for the purpose of arousing or gratifying sexual desire or for
the purpose of causing bodily injury or offensive physical contact. [PL 1985, c. 495, §6 (AMD).]
E. "Compulsion" means the use of physical force, a threat to use physical force or a combination
thereof that makes a person unable to physically repel the actor or produces in that person a
reasonable fear that death, serious bodily injury or kidnapping might be imminently inflicted upon
that person or another human being.
"Compulsion" as defined in this paragraph places no duty upon the victim to resist the actor. [PL
1991, c. 457 (AMD).]
E-1. "Consent" means a word or action by a person that indicates a freely given agreement. [PL
2023, c. 280, §1 (NEW).]
F. "Safe children zone" means on or within 1,000 feet of the real property comprising a public or
private elementary or secondary school or on or within 1,000 feet of the real property comprising
a day care center licensed pursuant to Title 22, section 8301-A. [PL 1997, c. 768, §1 (NEW).]
G. "Sexual touching" means any touching of the breasts, buttocks, groin or inner thigh, directly or
through clothing, for the purpose of arousing or gratifying sexual desire. [PL 2003, c. 138, §1
(NEW).]
[PL 2023, c. 280, §1 (AMD).]

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