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).]
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