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Maine Law: Unlawful Sexual Touching

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Groping or inappropriate touching is sexual assault.  “Only touching” might seem less severe than Unlawful Sexual Contact or Gross Sexual Assault, but Unlawful Sexual Touching is a sex assault and a criminal charge.  Even though this charge does not make you a felon or a sex offender, it can still ruin your good name and reputation in the “Court of public opinion.”  

If you are facing charges of inappropriate sexual touching or groping, you do not want to set foot in a Maine courtroom alone.  The District Attorney’s Office will not dismiss the case, and they will want you to plead guilty and get the permanent criminal conviction with all the long-term collateral consequences.  

If anyone you know is facing charges for Unlawful Sexual Touching (UST) in Maine, contact The Nielsen Group for your free legal consultation with an experienced criminal defense lawyer.  

What is the Statute for Unlawful Sexual Touching?

Under 17-A M.R.S.A. Section 251, “Sexual Touching” is defined as any touching of the breasts, buttocks, groin, or inner thigh, either directly or through clothing for the purpose of arousing or gratifying sexual desire.  Another way of saying “sexual touching” is “groping” or “molestation.”  

What are the penalties for a Class D Misdemeanor Unlawful Sexual Touching? 

Inappropriate sexual touching occurs under the following circumstances.  17-A M.R.S.A. Section 260.  These cases are similar to those recognized in other sexual assaults, such as Unlawful Sexual Contact and Gross Sexual Assault:  

In issues involving lack of consent, the victim typically: 

  • Has not consented to the sexual touching. 
  • Was compelled into the sexual touching.  
  • Was unconscious or otherwise unable to give consent.  
  • May suffer from a mental disability that makes them incapable of understanding that the sexual touching is inappropriate or that they can say no.

Issues with the age of the victim:

  • The victim is of a certain age under 14 years old, and the defendant is at least 5 years older.  
  • The victim is a minor under 18 years old, and the defendant is that minor’s parent, step-parent, or guardian.  

Issues with taking advantage authority:  

  • The defendant supervises the victim, who is on release from jail, bail, or probation.  The victim can be an adult or a juvenile.  
  • The victim is a student, and the defendant is a teacher or other school employee.  
  • The victim is intellectually disabled or has autism, and is receiving services from an organization funded by DHHS.  The defendant is employed by this organization.  
  • The defendant is or purports to be a psychiatrist, psychologist, or social worker, and the victim is a patient or client.  
  • The defendant is employed as a caregiver to the other person who is dependent on care because of advanced age or disability.  The caregiver and the dependent person are not married.  

A criminal charge in Maine for Unlawful Sexual Touching is a Class D misdemeanor.  The maximum penalties for a Class D misdemeanor include up to $2,000.00 in fines and 364 days jail time.  

What are the penalties for a Class E misdemeanor Unlawful Sexual Touching?

There is one situation where a charge for Unlawful Sexual Touching is the least severe class of crime in Maine, which is a Class E misdemeanor.  In this situation, the other person is a minor less than 18 years old and a student enrolled in school, and the defendant is at least 21 years of age and a teacher or other school employee where the student is enrolled.  

The penalties for a Class E misdemeanor conviction in Maine include up to $1,000.00 in fines and up to six months jail time.  

Will be ok with UST conviction on your record? 

Even if a conviction for UST is a misdemeanor in Maine, there are still serious consequences.  Most significant is that inappropriate touching can still ruin a person’s reputation, even if the charges were not warranted.  And misdemeanors can also appear on the more in depth background checks for employment.  

How Can a Criminal Defense Attorney Help?

The District Attorney’s Office in Maine takes all sex crimes seriously, felonies and misdemeanors.  The State will not dismiss the charge without a criminal defense attorney to advocate for you. The fact of the matter is that in sex crimes, often the State’s evidence is based only on the testimony of the victim, and potentially a statement from the defendant admitting to the criminal conduct.  You will need a criminal defense attorney to help protect your reputation and your good name.  

A significant part of representing those charged with committing a sex assault is refusing to take a bad plea offer or pleading guilty outright.  A good criminal defense attorney will:  

  • Hear your concerns.  At all times you should know the risks that a criminal charge will pose.  And your attorney should know what issues concern you the most.  
  • Consider a private investigator.  Sometimes it can be helpful to have a private investigator question potential witnesses that were not interviewed, and perhaps the victim to see if their stories have changed since the last time they gave a statement to police.  
  • Evaluate the reliability of the State’s witnesses.  Could any part of the state’s star witness’s testimony be unreliable?  It is important to check.  
  • Work towards a beneficial resolution.  Your criminal defense attorney is your advocate.  

For More Information

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Maine Law: Unlawful Sexual Contact

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The charge of Unlawful Sexual Contact (USC) is a sexual assault in Maine.  The statute for sexual assault in Maine is broad.  The charge can be a felony or a misdemeanor, depending on various factors.  For an Unlawful Sexual Contact charge, these factors include things like:

  • the age of the victim
  • whether there was consent to the sexual contact
  • whether there was abuse of authority or influence

Unlawful Sexual Contact Conviction Impacts

If convicted of felony sexual assault charges, you would become a felon.  Having a Felon status is permanent and has life long constraints such as:

  1. Being prohibited from ever owning or possessing firearms. 
  2. Facing an uphill road in being able to find and keep a job. 
  3. Impeding limitations in their ability to travel abroad. 

Sex Offender Registry

A major collateral consequence for being convicted of some sexual assault offenses is that you would become a sex offender under Maine’s SORNA law.  SORNA is Maine’s Sex Offender Registry and Notification Act.  Most importantly, sex offenders are required to register with the State for as few as 10 years, up to a lifetime.  For more information about SORNA registration, please see my related article. 

Career Impacts

Even a misdemeanor conviction for sexual assault can be problematic.  In some professions, criminal background checks look for all criminal convictions.  Being labeled a sex offender still carries negative social stigma, even if the offense is a misdemeanor.  So a sexual assault conviction can ruin your good name, regardless of how serious the charge. 

For all of these reasons, it is paramount to have a strong criminal defense attorney in your corner to represent you at Court.  Do not take any undue risks with your freedom.  The Nielsen Group represents Unlawful Sexual Contact cases all across Maine, and we are ready to listen to and advocate for you.  Contact The Nielsen Group for your free legal consultation appointment with one of our attorneys. 

What are the myths about Sexual Assault? 

Sexual Assault is a crime that brings with it many myths and assumptions.  Here, I want to clarify some of these mistaken assumptions: 

Unlawful Sexual Conduct Arrest
  • Assumption:  The victim must be lying about the incident. 
    • While the defendant might recall things one way, the victim’s story may be very different.  Attacking the victim outright can backfire at Court.  If you are busy trying to prove the victim is lying, then a Jury might take that to mean you are guilty.  At trial, remember that you are the one under scrutiny.  You need an attorney who knows how to defend these cases effectively. 
  • Assumption:  Sexual Assault requires penetration. 
    • Not so.  As you will read below, there is a broad range of conduct that is considered to be Unlawful Sexual Contact.  The contact does not have to require penetration in order to be charged as a sexual assault. 
  • Assumption:  There cannot be a Sexual Assault if the parties were married. 
    • Not true.  Again, the Statue below recognizes specific conduct as criminal.  The conduct does not depend on whether the parties were or were not married. 

What is the Maine Statute for Unlawful Sexual Contact? 

According to Maine Statute 17-A M.R.S.A. Section 255-A, the first element of a criminal charge of Unlawful Sexual Contact is that a person “intentionally subject another person to sexual contact.”  The law defines “sexual contact” as “any touching of the genitals or anus, directly or through clothing” and is done for the purpose of sexual gratification, or for causing offensive physical contact or injury on the other person.  In other words, sexual contact does not require penetration, but the defendant’s state of mind is an important factor. 

Unlawful Sexual Contact can be as serious as a Class A felony, similar to Gross Sexual Assault.  Or, Unlawful Sexual Contact can be a low level misdemeanor.  It all depends on the unique circumstances of the case. 

What is the punishment for a Class E misdemeanor Sexual Assault?

Let’s start with what a low level misdemeanor conviction would look like for Unlawful Sexual Contact.  There is only one situation in which sexual contact would be a sexual assault under the statute: 

  • When the victim is a student less than 18 years old, and the defendant is a teacher who is at least 21 years old.  The parties are specifically not married.  There is no penetration involved. 

If convicted of a Class E misdemeanor, the maximum penalties include up to $1,000.00 in fines, and up to six (6) months jail time.  This type of conviction will not trigger SORNA registration. 

Assuming the student is a 17 year old high school senior, and the teacher is a 23 year old recent college graduate, a dating relationship is not out of the ordinary.  But, it is the teacher-student relationship that makes sexual contact in that relationship a crime.  If the 23 year old teacher is looking for a dating relationship, then he should be looking outside the school community if they wishes to avoid being charged with a crime. 

What is the punishment for a Class D misdemeanor Sexual Assault?

A sexual assault is a Class D misdemeanor when the sexual contact occurs without the victim’s consent, or when the sexual assault is committed against vulnerable populations.  Here, penetration is not contemplated.  And the parties are considered to be not married or in any committed relationship. 

The penalties upon conviction for a Class D misdemeanor offense include up to $2,000.00 in fines and up to 364 days jail time.  Certain sexual contact in this section can trigger SORNA. 

Situations triggering a Class D misdemeanor sexual assault include: 

Lack of consent: 

  • The victim does not consent to the sexual contact.
  • The victim is unconscious or physically incapable of resisting.

The age of the victim: 

  • The victim is 14 or 15 years old, and the defendant is at least ten (10) years older. 
  • The victim is a student less than 18 years old, and the defendant is a teacher or other school personnel who is at least 21 years old.  The parties are not married.  The sexual contact includes penetration. 

Vulnerable Populations: 

  • The victim is a student, and the defendant is a teacher or other school personnel with “supervisory or disciplinary authority” over the victim. 
  • The victim is mentally disabled, making then unable to understand that the sexual contact is an assault.  The defendant is aware of the victim’s mental disability. 
  • The victim lives in a residential home funded by DHHS.  The defendant owns, or is employed by, the organization running the residence. 
  • The victim is on probation, or in jail.  The defendant is supervising the victim, such as a probation officer. 
  • The victim is a mental health patient.  The defendant is, or claims to be, a mental healthcare professional, such as a psychiatrist or psychologist. 
  • The victim is an older adult, sick, or, disabled requiring care for daily living.  The defendant is employed as a caregiver. 

What is the punishment for a Class C felony Sexual Assault? 

While most of the Class D misdemeanor offenses above did not contemplate penetration, a Class C felony crime for Unlawful Sexual Contact, can contemplate penetration. 

Conviction for a Class C felony include penalties of up to $5,000.00 in fines and up to five (5) years jail time.  These offenses will often also trigger SORNA registration as well as felon status. 

Issue of Consent (may or may not be penetration): 

  • The sexual contact, which included penetration, occurred without consent.
  • The sexual contact included penetration, and the victim was unconscious. 
  • The sexual contact occurs as a result of compulsion used against the victim to submit to the act. 

Issue of Age of Victim (penetration not required): 

  • The victim is less than 14 years old, and the defendant is at least 3 years older. 
  • The victim is less than 18 years old, and the defendant is the victim’s parent, stepparent, foster parent, or guardian.

Issue of Vulnerable Populations (involving penetration): 

  • Mental disability.
  • Intellectual disability.
  • Students attending school.
  • Probationers.
  • Those requiring long term caregivers.

What is the punishment for a Class B felony Sexual Assault? 

Class B felonies are serious crimes.  Under this classification, the victims tend to be younger minors of a certain age.  Or physical force was used in the commission of the crime.  Penetration is often an element, but not in all Class B felony sexual assaults. 

If convicted of a Class B felony, the penalties include up to $20,000.00 in fines and up to ten (10) years jail time.  SORNA registration is also a significant collateral consequence in many listed below. 

Class B felonies include the following situations: 

Consent: 

  • The sexual contact occurs as a result of compulsion used against the victim to submit to the act.  The sexual contact involves penetration. 

Age of Victim: 

  • The victim is less than 12 years old, and the defendant is at least 3 years older.  Penetration is not an element of the offense. 
  • The victim is less than 14 years old, and the defendant is at least 3 years older.  Penetration is required. 
  • The victim is less than 18 years old, and the defendant is the victim’s parent or guardian.  The sexual contact involves penetration.    

What is the punishment for a Class A felony Sexual Assault? 

There is one situation in which Unlawful Sexual Contact is the most severe class of crime in Maine, and it includes very young victims. 

  • The victim is less than 12 years old, and the defendant is at least three (3) years older, and the sexual act includes penetration. 

If convicted the maximum penalties for a Class A felony include up to $50,000.00 in fines and up to thirty (30) years jail time.  This also will trigger a lifetime SORNA requirement. 

What is the Impact of SORNA in these Matters? 

As you can see, a charge for Unlawful Sexual Contact runs the gambit of criminal classifications from a Class E misdemeanor to a Class A felony under Maine’s Criminal Statute.  Therefore, the potential SORNA impact for a conviction also runs the gambit from a 10-registration requirement to a lifetime obligation on the sex offender registry.  Avoiding a SORNA registration should be prioritized in any case fending off an allegation of sexual assault. 

How Can a Sexual Assault Criminal Defense Attorney Help? 

The State takes all sex crimes seriously.  The State does not dismiss these cases.  If you try to handle the case yourself, the State will just tell you to plead guilty as charged.  Your freedom and good name are on the line.  If charged with a sexual assault, you are looking at not only jail time and fines in the short run, but also potential felon status and sex offender registration for the long term. 

You need an aggressive criminal defense attorney to help.  When meeting with a criminal defense attorney for the first time, things you might discuss include: 

  • Your concerns about how this charge will impact you.  A sexual assault charge can be stressful, as well as potentially life-changing.  How will this charge change your life?  Will this charge change your ability to work?  Will this charge impact your family relationships? 
  • Whether any experts might be helpful.  Certain experts can explore issues to address the State’s concerns.  Experts used in a sexual assault case can include sex offender counseling, private investigators, and mitigation experts. 
  • What evidence does the State have?  In many sexual assault cases, it really is a he said, she said situation.  The State will have the victim’s statement that is the basis of the criminal charge.  Depending on whether the defendant exercised Miranda rights, the State might have some form of statement from the defendant.  Are these enough to prove beyond a reasonable doubt that the defendant committed the crime as the State has charged? 
  • Being mentally prepared to defend your case.  Every now and then, I meet a client who just wants the case to be over as soon as possible.  They do not want to wait until the next court date.  In a case for Unlawful Sexual Contact, you do not want to be in a rush.  Being in a rush means you plead guilty to a worse outcome that you are likely to regret later on. 

For More Information:

Maine Law: Gross Sexual Assault

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Sexual charges are aggressively investigated.  A common tactic used in a sex offense investigation is for the police officer to stage a “confrontation” to get the accused to be frustrated and reactive.  In Maine, sexual assault, such as rape, is a sex crime as well as a violent crime.   Often, being charged with rape in Maine is a Class A felony, which is the most severe class of crime in Maine. 

If charged with Sexual Assault or rape, you are facing very serious consequences.  If convicted, you would become a felon.  Felon status is permanent.  Also, you would be required to register as a sex offender under Maine’s SORNA law.  Sexual assault could mean either 25 years or a lifetime registering as a sex offender.  If you are labeled as a sex offender, you will have a bad reputation that your community will know. 

Gross Sexual Assault
Arrested and charged with Rape

If you are facing a criminal charge for sexual assault in Maine, do not go to Court alone.  You will want an experienced sex crimes criminal defense lawyer to defend your case.  The District Attorney’s Office will not dismiss the charge, and they will not negotiate with you.  For the aggressive advocacy you need, contact The Nielsen Group for your legal consultation with an experienced sex crime criminal lawyer. 

If you are accused of Gross Sexual Assault, you may be trying to determine the impacts this charge will have.  Let’s take a moment to review what you can anticipate if you are accused of a Maine Gross Sexual Assault offense and what you can do to aid in your defense:

  1. What are the Myths About Gross Sexual Assault?
  2. What is the statute for Gross Sexual Assault in Maine?
  3. What are the penalties for Gross Sexual Assault in Maine?
  4. How can a Sex Crime Defense Attorney help?

Let us know if you have any questions that we did not cover in this article. We will give you an honest assessment of your case in our initial consultation.

What are the Myths About Gross Sexual Assault?

Before I outline the criminal statute for sexual assault, I would like to dispel some misconceptions someone might have if facing a sexual assault charge for the first time:

  • Myth:  “The victim is lying!”  Because of this, the jury will find me not guilty. 
    • Reality:  It is harder than you might think to prove that the victim is lying.  At Trial, the Jury’s job is to find whether you are guilty.  The victim’s guilt or innocent is not at issue here.  If you attack the victim’s credibility too hard at Trial, this can backfire.  In the era of MeToo, the Jury might take your attacking the victim to mean that you are the guilty one.    
  • Myth:  The charge of sexual assault is way out of proportion.  All I need to do is tell the District Attorney that the charge is unreasonable and they will dismiss the charge. 
    • Reality:  If you go it alone with the District Attorney at Court, all they will do is say you should plead guilty.  If you do plead guilty, you would have to deal with all of the collateral consequences of the conviction.  Instead, your criminal defense lawyer should be doing the arguing for you at Court. 
  • Myth:  If there is no DNA evidence, they cannot charge me with sexual assault. 
    • Reality:  Real life is not like TV crime dramas.  In the real world, DNA evidence is often not available.  And in Maine, the State does not need DNA evidence to win a sexual assault conviction against you.  More often than not, a sexual assault case at Court is a “he said, she said” matter. 

What is the Statute for Gross Sexual Assault in Maine? 

The statute for sexual assault in Maine is called Gross Sexual Assault Statute 17-A MRSA Section 253.  Under the criminal law, rape is always a felony.  If convicted of a felony, you become a felon.  Felon status is permanent.  Maine does not allow for felony convictions to be excused or expunged after the fact.  As a felon, a person faces difficulties in life and work opportunities.  And felons lose permanently their right to use or possess firearms.  If that felony is for sexual assault, the collateral consequences also require registering as a sex offender under SORNA.  Almost all rape sexual assault offenses in Maine are Tier 2 or Tier 3 offenses under Maine’s sex offender registry law.  For more information about Maine’s Sex Offender Law, please see my related article. 

In a rape, there is a “sexual act” that takes place.  The statute defines a “sexual act” as direct physical contact of genitals (penetration is not required), as well as oral and anal sex.  The State of Maine recognizes sexual assault within a broad range of circumstances, including certain special relationships, such as teachers and caregivers.  In a rape offense, generally there is no consent.  However, there can be consent, but the offense is still rape under the law, also known as Statutory Rape.  These are situations where the victim is of a young age. 

Rape as a sexual assault can be aggravated or made worse by certain factors: 

  • Having prior offenses for rape on your record.
  • The incident occurred within a school “safe zone.” 

If the charge is made worse by prior convictions, then a new conviction would carry mandatory jail: 

Is there a statute of limitations for a Rape Case in Maine?

No, there is no statute of limitations for rape charges in Maine.  Therefore, an individual could be charged with gross sexual assault regardless of the amount of time that has passed since the alleged incident occurred.

What are the penalties for Gross Sexual Assault? 

Gross Sexual Assault has many legal considerations that help to evaluate the charge placed on a defendant.  These considerations examine:

  • Were drugs or alcohol used to weaken the other person’s objections?
  • Were threats made against the other person? Were the threats violent or an abuse of power?
  • Was the other person alert or did the other person lose consciousness?
  • Was the other person above the age of consent?

The next section of this article reviews all 3 classes of Sexual Assault in Maine starting with the most severe a class A and ending with a class C the least severe.

What is the punishment for a Class A Sexual Assault?

Gross Sexual Assault (GSA) is a Class A felony when: 

  • The defendant uses physical force or violence to force the victim into a sexual act. 
  • When the victim is under the age of 14.  

A Class A felony is the worst class of crime in Maine.  If convicted of a Class A felony, the maximum punishment includes up to $50,000.00 in fines and up to thirty (30) years jail time.

What is the punishment for a Class B Sexual Assault?

Class B felony occurs for Gross Sexual Assault when: 

  • Using violence or the threat of violence, including:
    • The defendant uses an intoxicant, such as drugs or alcohol, to prevent the victim from resisting the sexual act. 
    • The defendant threatens the victim into a sexual act. 
  • The victim is physically incapable of giving consent or resisting. 
    • The victim is unconscious or drugged. 
    • The victim has a mental disability that makes them incapable of understanding the nature of the sexual act or that they can say no.  This mental disability is apparent to the defendant. 
  • There is an abuse of power or authority:
    • When the defendant is a probation officer or having authority over the victim, who is a probationer, parolee, or on supervised release. 
    • When the victim is a child under 18 and the defendant is the child’s parent, step-parent, guardian, or other similar person responsible for the long-term care and welfare of the child. 

If convicted of a Class B felony, the maximum punishment includes up to $20,000.00 in fines and up to ten (10) years jail time.  There is also a minimum required jail sentence for a Class B gross sexual assault aggravated conviction of two (2) years jail time. 

What is the punishment for a Class C Sexual Assault?

In the following situations, rape is a Class C felony: 

  • When the sexual assault is a violation of a trust:
    • The victim is a student, and the defendant is a teacher, employee, or other school official with authority over the student. 
    • The victim is younger than 18 and at a child care facility, home, or camp, and the defendant is a teacher, employee, or other person with authority over the victim. 
    • The victim is a mental health patient (not married to the defendant), and the defendant is a psychiatrist, psychologist, or licensed social worker. 
  • When the victim is dependent upon the defendant’s care for daily living:
    • The victim has an intellectual or mental disability in a program or residence funded by the Department of Health and Human Services (DHHS), and the defendant owns, operates, or is employed by this organization. 
    • When the victim is of advanced age or disability, and the defendant is employed to care for that depended person.  The victim and defendant are not spouses or domestic partners. 

If convicted of a Class C felony, the maximum punishment includes up to $5,000.00 in fines and up to five (5) years jail time.  If convicted of an aggravated charge for gross sexual assault, there is a mandatory jail sentence of one (1) year. 

Are there Immigration Collateral Consequences for Sexual Assault?

If you are convicted of a criminal charge in Maine, and your jail sentence is one year or more, this could trigger immigration-related consequences for non-US citizens.  When contemplating the immigration consequences, the government will consider the total sentence imposed by the Court.  It will not count the shorter “suspended” sentence for deportation proceedings.  For example, if you were sentenced to a full 18 months jail but due to a “suspended” sentence were required to serve only 6 months, you would still face deportation proceedings.  Because of this risk, it is all the more important to hire a criminal defense lawyer to represent you at Court. 

What other consequences can be experienced from a Rape Conviction?

Being convicted of a felony sex crime in Maine, you can expect to also experience:

  • Registering as a sex offender
  • Inability to own guns
  • Limited choices on where you can live. 
  • Challenges to getting employment
  • Challenges getting into college or masters degree program
  • Inability to obtain certain professional licenses
  • Impact on pending family cases such as custody of children

These impacts would exist for your entire life.  There is a life long stigma of a sex crime conviction.

How Can a Sex Crime Defense Attorney Help?

A sex crime defense attorney is essential to preserving your future.  If convicted, a rape charge can risk not only jail time, but also potential status as felon and a sex offender.  The State takes sex crimes very seriously.  The State does not resolve these cases quickly or easily.  Important elements of a good defense attorney for a charge of GSA in Maine include: 

  • Listen to the Client’s Concerns.  As a criminal defendant, a charge of GSA can be life-changing, and facing the charge can be extremely stressful.  It is important for a criminal defense attorney to listen to the defendant and their concerns, as well as to keep them informed about the risks that they are facing in their case. 
  • Consider expert evaluation for sexual issues.  Sometimes it can be helpful to address the State’s concerns about the likelihood of the defendant to re-offend by obtaining a sex offender evaluation from a qualified expert.  A sex criminal defense attorney should be able to refer you to an appropriate expert for your case. 
  • Critically evaluate the State’s witnesses.  A good sex crime defense attorney will review the State’s case in detail.  Are there any issues with the State’s witnesses?  Is the reporting from law enforcement consistent with the statutory definitions of the charge? 
  • Advocate for resolution that avoids the worst consequences.  Above all, a criminal defense lawyer is an advocate.  This means arguing for your interests, including avoiding the most severe consequences, such as sex offender registration under SORNA.  And it means not accepting the first offer to resolve the case from the State, and instead advocating for the best possible outcome for the client. 

For More Information: 

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Maine Law: Violation of Privacy

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The Maine Law covering Violation of Privacy can be described as a peeping Tom law.  Looking in someone else’s window is commonly characterized as being a “peeping Tom.”   Violation of Privacy has more depth than “peeping” .  Violation of Privacy, according to Maine Law, is recording someone who otherwise has a reasonable expectation of not being recorded such as in our homes, department store changing rooms, and public restrooms.

Violation of Privacy can have serious consequences.  If convicted of a criminal charge, you will have a criminal conviction added to your permanent criminal record.  Under specific circumstances, Violation of Privacy conviction can get you designated as a sex offender.  Sex offenders are required to register publicly under Maine’s SORNA law for a period of 10 years up to a lifetime. 

If you or someone you know is facing criminal charges of Violation of Privacy, you should consider contacting The Nielsen Group for your free legal consultation with an experienced sex crimes defense lawyer. 

A charge of Violation of Privacy can have serious consequences.  This article will provide a high level overview of the key concern.  After the article, you should understand what steps you can take to help your defense:

  1. Does the Maine Law: Violation of Privacy protect my computer information?
  2. What is the Status for Violation of Privacy?
  3. How can a sex crimes defense attorney help?

Please be in contact with your questions that we did not go over in this article.  Our goal is to provide you with an honest assessment of your case at your initial consultation.

Does Violation of Privacy protect my Computer Information? 

No, This Maine Statute for Violation of Privacy does not cover the issue of privacy online or your computer privacy.  There is a different area of law that addresses that online privacy. 

What is the Statute for Violation of Privacy?

Under Maine Statute 17-A M.R.S.A. Section 511, Violation of Privacy is a Class D misdemeanor.  The Statute reads: 

A person is guilty of violation of privacy if, except in the execution of a public duty or as authorized by law, that person intentionally:

  1. Commits a civil trespass on property with the intent to overhear or observe any person in a private place;
  2. Installs or uses in a private place without the consent of the person or persons entitled to privacy in that place, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place;
  3. Installs or uses outside a private place without the consent of the person or persons entitled to privacy therein, any device for hearing, recording, amplifying, or broadcasting sounds originating in that place that would not ordinarily be audible or comprehensible outside that place; or
  4. Engages in visual surveillance in a public place by means of mechanical or electronic equipment with the intent to observe or photograph, or record, amplify or broadcast an image of any portion of the body of another person present in that place when that portion of the body is in fact concealed from public view under clothing and a reasonable person would expect it to be safe from surveillance. 

Let’s walk through the detailed legal description of violation of privacy piece by piece.  Here, a “private place” means a place where one may reasonably expect to be safe from surveillance.  A “private place” includes, but is not limited to, changing rooms, dressing rooms, bathrooms, and similar places.  A special caveat here is that if you are convicted of the offense under the section involving recording underneath other people’s clothing, this offense will trigger mandatory registration under Maine’s SORNA law. 

The following are possible examples of what a Violation of Privacy could look like:

  • The defendant trespasses on his neighbor’s property to place a video camera with audio outside the neighbor’s bathroom window looking inside. 
  • The defendant installs a video camera inside a department store changing room.  Only the defendant knows that the camera is there. 
  • The defendant installs an audio recorder inside a public bathroom to hear the sounds and conversations occurring in the public bathroom. 
  • The defendant uses a recording device in public, snapping photographs of underneath other people’s clothing. 
    • If convicted of the offense involving taking pictures under the clothing, this would trigger SORNA designation. 

An important element to the crime of Violation of Privacy is the state of mind of the defendant.  Did the person mean to do it?  A good criminal defense attorney will take this into consideration when determining your legal defense strategy. 

Maine law recognizes a narrow affirmative defense to this charge.  If the person being photographed is at least 14 years old and has consented to the surveillance, then it is not a Violation of Privacy.  In other words, if the subject of the recording agrees to being photographed or recorded, then it is not a Violation of privacy.  Violation of Privacy is not criminal when such recording devices are used for law enforcement purposes, such as in an ongoing investigation. 

If convicted of Violation of Privacy, the maximum penalties for a Class D misdemeanor conviction includes up to $2,000.00 in fines and up to 364 days jail time.  If convicted under the statute paragraph involving recording under people’s clothing, then the collateral consequences would also require mandatory sex offender registration under SORNA. 

How Can a Criminal Defense Attorney Can Help?

If facing a criminal charge of Violation of Privacy, you could end up with a criminal record, or even a registered sex offender.  A criminal record and sex offender registration are things that can limit your life and employment opportunities.  If you go to Court alone, the State will want you to enter a guilty plea as charged.  For these reasons, you need to fight the charge against you, and you need someone with the expertise to advocate for you at Court. 

  • Are all of the elements of the crime met?  In other words, can the State meet all of the elements of the statute to convict?  A criminal defense attorney will evaluate your case again the elements of the law and explain to you where your case lies with the evidence collected.
  • Is the State’s evidence only circumstantial?  The evidence needs to point to the defendant for a conviction.  If the evidence is not clear, then this is significant. 
  • Where is the recording in question?  From a criminal defense perspective, when the crime contemplates a video or audio recording, the State should be able to produce that recording. 

What are the Potential Outcomes for Violation of Privacy?

Here are some potential outcomes for a criminal charge of Violation of Privacy in Maine: 

  • Deferred Disposition– In some Courts, deferred dispositions are harder to get.  In a deferred disposition, a guilty plea is entered and sentencing is postponed for a period of time.  During the “deferment” of the sentence, you are expected to exhibit good behavior and jumping through certain hoops.  If successful, then after the “deferment” period you can get a dismissal of the charge at the end, or other beneficial outcome. 
  • Plea Deal– In a plea arrangement or plea deal, the State agrees to convict on a modified or different charge than the one that was charged initially. 
  • Jury Verdict– A jury is a finder of fact, and one way to determine whether in fact there was a reasonable expectation of privacy, and thus a Violation of Privacy, is to put the case in front of a jury.  A jury verdict determines final guilt or innocence. 

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Maine Law: Sex Offender Registration

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One mistake has the possibility to follow you and harm you for the rest of your life.  Maine sex offender registry is publicly available.  Sex Offender Registration shares your name, residence, employment and applicable crimes according to Title 34-A MRSA, Chapters 15 and 17.  This public registration system can prevent you from making the most of many life opportunities. 

First of all, the language of these chapters can be incredibly confusing. You must parse out which chapter the registrable offense falls into depending on when the offense was committed.  To avoid confusion, this article concerns itself mainly with the SORNA Act of 2013.

Maine’s latest sex offender registration law is the Sex Offender Registration and Notification Act of 2013, or SORNA.  A person’s obligation to register as a sex offender is triggered by a conviction for a sex-related crime.

Sex offender status carries intense social stigma.  No one wants a sex offender in their neighborhood. For this reason it is paramount to hire an experienced Maine sex crimes attorney when facing any sex-related criminal charges.  The Nielsen Group has the experience and the understanding to defend you.  Our team understands how the prosecutor will build the state’s case and knows how to deconstruct the State’s case piece by piece.  Law abiding people can be wrongly accused of a sex offense.  I encourage you to contact us for your free legal consultation. 

This article will provide you a high-level overview of the Maine Sex Offender Registration Act.   It will answer questions such as:

If you have any unanswered questions after reviewing this article, a good starting place is to touch base with the Nielsen Group for your free legal consultation.

How do you register as a sex offender?

Under SORNA, some of the many things you are required to register

  • Your name, aliases, date of birth, sex, race, height, weight, eye color, land line and cellular telephone numbers, as well as your Internet identifiers, mailing address and physical location of expected domicile and residence
  • Your place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location;
  • Your offense history;
  • A current photograph and set of fingerprints;
  • A description of your offense for which you were convicted, the date of conviction and the sentence imposed;
  • Whether you are a Tier I registrant, Tier II registrant or Tier III registrant;

While this list is not exhaustive, it gives you an idea of how onerous it can be on a Registrant.

Going “under the radar” while under a SORNA obligation is not an option.  Anyone looking at the Maine sex offender registry can find you and see that you are a sex offender. 

Once registered, you are required to update your SORNA registration information periodically.  There are strict deadlines for updating your SORNA registry information.  There is no room to be late while registering with SORNA.  If you fail to register on time by just a day, you can be charged with Failure to Register under SORNA.  This is a new criminal charge with its own separate court dates and potential penalties. 

How long do you have to be on the sex offender registry?

How long you must register as a sex offender is determined by what type of sex crime you were convicted of.  SORNA has three tiers of sex crimes that trigger registration as a sex offender: 

  • Tier I (1) Conviction:  10-years registration. 
  • Tier II (2) Conviction:  25-year registration. 
  • Tier III (3) Conviction:  lifetime registration. 

Can you be removed from the sex offender registry?

In Maine, your time on the sex offender registry is determined by statute.  If you are designated as a 10-year registrant, then you would be required to register under SORNA for the entire 10 years.  If you have not accumulated any new sex crimes that could extend your registration under SORNA, then you should not be required to register after your SORNA mandatory period has passed.  Before stopping registration, you will want to confirm with the registry that you are no longer required to register with them. 

Can a sex offender case be expunged? 

The answer to the question if a sex offender case in Maine can be expunged or erased from your record after the fact is no.  Maine does not expunge criminal convictions.  If you are convicted of a sex crime, it is added permanently to your criminal record.  While Maine does have gubernatorial pardons, no request for a pardon will be heard if the purpose is to get off the sex offender registry. 

Criminal Charges Triggering SORNA Registration

Tier 1- 10 year SORNA registration

If convicted of the following sex crimes, you become a registered sex offender for ten (10) years.  Most of these offenses are Class D misdemeanors.  In addition to SORNA registration, the maximum penalties for these offenses can include up to $2,000.00 in fines and up to 364 days jail time. 

Unlawful Sexual Contact

The legal term “sexual contact” describes a range of behaviors intended for sexual gratification.  Here, the accused defendant and the victim are not married or in a committed relationship. 

When the charge is for Unlawful Sexual Contact 17-A M.R.S.A. Section 255-A, the victim:

  • Does not give consent to the contact.
  • Cannot physically resist or is unconscious.
  • Is unable to understand that they can say no to the sexual contact, either due to a young age or mental disability. 

Tier 1 SORNA qualifying sexual contact occurs within abuse of certain trust relationships, including: 

  • When there is a significant age difference between the person accused and the victim.  The victim was 14 or 15, and the defendant is at least 10 years older than the victim. 
  • When the person is accused of taking advantage of another person with a mental disability who is unable to understand the nature of the sexual contact.
  • When the person accused is a teacher or other person with “instructional, supervisory, or disciplinary authority” and the victim is a student. 
  • When the person accused is “employed by, owns, or operates” a program or residence funded by the Department of Health and Human Services (DHHS), and the other person suffers from an intellectual disability. 
  • When the person accused is employed as a caregiver for another person of advanced age, physical disability, or mental disease that makes them unable to care for themselves. 

Under 17-A M.R.S.A. Section 255-A, this language contemplates paragraphs (C), (F-2), (G), (Q), (W) & (X)

Violation of Privacy

Maine Statue for Violation of Privacy 17-A M.R.SA. Section 511 can describe several different actions.  Violation of Privacy can occur in public or in private.  For SORNA, the person is accused of conducting surveillance on another person in a public place with the intent to watch, photograph, or record underneath the other person’s clothing.  In other words, being a “peeping Tom” in public can get you registered as a Tier 1 sex offender. 

Incest

Incest, is having a sexual relationship with another person known to be related “within the second degree of consanguinity.”  The first degree of consanguinity includes parents and children.  The second degree of consanguinity includes grandparents, siblings, and grandchildren. 

Engaging a Prostitute Who is a Minor

Typically, Engaging a Prostitute 17-A M.R.S.A. Section 855 is a Class E misdemeanor.  That is when the prostitute is an adult over the age of 18.  If a person seeks the services of a teenage prostitute who has not yet reached the age of 18, the charge is a Class D crime and will trigger SORNA registration for the next 10 years.  This is only if the Defendant is not aware that the prostitute is not yet 18 years of age,

Tier 2 SORNA Registration

If convicted of a Tier 2 SORNA crime, you become a sex offender for twenty-five (25) years.  If convicted of any of the following crimes, you would also become designated as a felon, which carries a separate set of collateral consequences.  Most of these offenses are classified as Class C felony crimes.  If convicted of a Class C felony, the maximum penalties from the Court would include up to $5,000.00 in fines and up to five (5) years jail time. 

Gross Sexual Assault

In Maine, Gross Sexual Assault is under 17-A M.R.S.A. Section 253, which the State takes very seriously.  Here, the Gross Sexual Assault occurs in certain recognized relationships, and there is an abuse of that relationship. 

  • When the person works for a program or residence funded by the Department of Health and Human Services (DHHS), and the other person is a recipient of those services, and: 
    • The victim has an intellectual disability.
    • The victim suffers from a mental disability that is apparent or known by the defendant. 
  • When the person is a teacher or other person with authority, and the other person is a student.  The age of the student is not a factor of the crime. 
  • When the person works for someone who cannot care for themselves.  The caregiver and dependent are not married or committed to one another.  The person requiring care:
    • Is an older adult.
    • Is ill from disease.
    • Suffers from a mental defect that is known by the defendant. 
  • When the victim has not expressly or impliedly consented to the sexual act.

Under 17-A M.R.S.A. Section 253, this language contemplates paragraphs (F), (J), (K), (L) & (M)

Unlawful Sexual Contact

When Unlawful Sexual Contact (17-A M.R.S.A. Section 255-A) triggers a Tier 2 SORNA registration, the sexual contact is more aggressive, often involving penetration.  Here, Unlawful Sexual Contact is a Class C felony and triggers a 25-year SORNA registration.  Situations leading to this charge include: 

  • When the person is a probation officer or other individual with supervisory authority over the other person, who is a probationer, parolee, or on supervised release.  The sexual contact includes penetration. 
  • When the person is a teacher, coach, or other individual with supervisory authority, and the other person is a student.  The sexual contact includes penetration. 
  • When the person is with an organization funded by DHHS, and the other person receives services from that organization.  The recipient suffers from a mental disability that is apparent or known by the defendant.  The act in question could include penetration but it is not required. 

Under 17-A M.R.S.A. Section 255-A, this language contemplates paragraphs (J), (L), (R-1) & (R-2)

Sexual Misconduct with a Child Under the age of 12

Sexual Misconduct with a Child, 17-A M.R.S.A. Section 258 (1-A) is the displaying of sexually explicit materials to a child under the age of 12 with the intent to encourage the other person to engage in a sexual act.  The person’s state of mind is a factor, as well as the age of the victim.  Conviction will trigger Tier 2 SORNA designation for 25 years. 

Sexual Exploitation of a Minor Under Chapter 12 of 17-A M.R.S.A. for Class C Felonies

Chapter of  17-A M.R.S.A. includes Sections 282, 293 $ 284, which are  aimed at child pornography, which is illegal at every stage, from production, dissemination, and possession.  In these cases, there can also be an accompanying charge of forfeiture of the equipment used to facilitate the violations. 

Patronizing a Minor Prostitute With Knowledge That They are a Minor

If a person seeks the services of a teenage prostitute who has not yet reached the age of 18, and they are aware that the prostitute is a minor under the age of 18, the charge is a Class C felony and will trigger SORNA registration for the next 25 years.

 

 Tier 3 SORNA Registration

Offenses under Tier 3 are the most severe, and they trigger a lifetime SORNA registration.  These crimes typically involve force, violence, rape or pedophilia.  If convicted of any of these crimes, you would have to register under SORNA for the rest of your life.  Tier 3 SORNA crimes are Class A or Class B felonies, which are the most severe classes of crime in Maine.  These crimes are characterized by violent acts on top of the sex crime. 

Gross Sexual Assault, Unlawful Sexual Contact, or Sexual Exploitation of Minors

If the charge of rape, unlawful sexual contact, or sexual exploitation of minors is classified as a Class B felony or Class A felony, then a lifetime SORNA registration requirement is imposed upon conviction.  If convicted of a Class B crime, the courts could impose penalties of up to $20,000.00 in fines and up to ten (10) years jail time.  If convicted of a Class A crime, the maximum penalties could include up to $50,000.00 in fines and up to thirty (30) years jail time.  This includes all crimes that are Class A or B felonies under Chapters 11 & 12 of 17-A M.R.S.A.

Kidnapping

Kidnapping 17-A M.R.S.A. Section 301 (1) (A) (3)occurs when a person restrains another person’s freedom, such as confining another person or transporting them to another place against their will.  A Tier 3 SORNA offense involves Kidnapping with the intent to a sexual assault under Chapter 11 of 17-A M.R.S.A. on the other person.  Kidnapping is a Class A felony. 

Aggravated Sex Trafficking

For Tier 3 SORNA status to occur with a conviction for Aggravated Sex Trafficking 17-A M.R.S.A. Section 852, the person promotes prostitution by compelling the prostitute into service or keeping them in prostitution against their will, or if the prostitute is a minor or if the prostitute suffers from a mental disability that makes them unable to understand the conduct involved.  In plain English, this statute targets Pimps.

Incest with Multiple priors for Incest

The charge of Incest, 17-A M.S.R.A. Section 556 (1) (B) under Tier 3 SORNA is the only charge that triggers a lifetime sex offender registration that is neither a Class A felony or Class B felony.  Here, Incest is charged as a repeat offense with two (2) or more prior convictions, and it is charged as a Class C felony.  

How a Criminal Defense Attorney Can Help

Regardless of whether you are facing a Tier 1, Tier 2, or Tier 3 SORNA offense, a criminal defense attorney is extremely important.  The State of Maine takes sex crimes seriously, and the District Attorneys tend to not dismiss these charges.  You should not go it alone at Court.   Having a sex crimes attorney advocating for your rights as early as possible is a critical success factor on your case.

The most significant point about sex crimes is that they are fact-dependent.  Each case has a unique story.  Defending each sex crime case looks different from the next.  Some charges are broad in nature, such as Unlawful Sexual Contact.  Other charges, such as Engaging a Prostitute, have a narrower focus.  As a sex crime criminal defense attorney in Maine, the goals of defending these cases remain: 

  • Exercise Damage Control- This is the “defensive” part of legal defense.  From the beginning, I make sure clients’ Miranda rights are asserted properly.  The client might also limit the number of people that have knowledge about the case.  Some clients even shut down all their social media accounts so that people do not ask them to talk about the case.  You would limit talking about the case to your lawyer, which is confidential and privileged.   
  • Finding Weak Points in the State’s Case- In contrast, this is the “offensive” part of legal defense.  Can the State prove all the elements of the crime as accused?  Are there problems with the State’s witnesses, including the victim?  Does the victim have any issues for credibility?  In my experience, the value of having an aggressive advocate who will not just roll over and recommend pleading guilty cannot be underestimated. 
  • Evaluate Special Issues- The criminal defense attorney considers any unique problems or concerns that might come up and address them accordingly.  This could mean hiring a private investigator, retaining a mitigation specialist, obtaining a sex offender evaluation, or getting certain confidential documents released for your defense.  An experienced criminal defense attorney will know which avenue to take in your case. 

While not a part of the Court process, I find that a good part of my role is to talk with clients facing sex charges about some potentially permanent life changing events.  There are very difficult questions that a person facing a sex crime triggering SORNA will have to face, including: 

  • Will the conviction affect their family, or their ability to see their kids?
  • Will the crime make them lose their job?  Their professional license?
  • Will it be ok to plead guilty to a felony crime if the case resolution avoids a SORNA designation?
  • Will it be ok to plead guilty to a different sex offense if the case resolution avoids a SORNA designation? 
  • How will a SORNA designation affect their privacy?  How they live?  Where they live? 

The Nielsen Group has the tools know what combination of advocacy and strategy will work best in your case. 

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Sex Crimes in Maine | Nielsen Group Law

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Being accused of Sex Crimes in Maine can be a difficult, stressful and frightening situation for you and your family.  When someone receives criminal charges, they need a good sex crime attorney in Maine who is able to represent them and fight their case.  Maine law provides harsh penalties for any person convicted of a sexually motivated crime.  The most devastating penalty can be that the individual becomes required to register as a sex offender on the State’s sex offender registry, in Maine known as SORNA.

Maine authorities take a very severe stance against individuals suspected of sexual misconduct, especially when the victim is a minor.  The term “sex crime” covers a broad range of offenses.  Any unlawful sexual acts ranging from sexual assault to possessing child pornography are forms of sex crimes in Maine.  Often these cases are based upon accounts and accusations provided by victims.  Unfortunately, exaggerated or false accusations can occur.  Obtaining a Maine criminal defense attorney immediately after finding out that you are a suspect of sex crimes can be the best defense.

In order for the prosecution to obtain a conviction of sex crimes in Maine, they must prove beyond a reasonable doubt that you committed the act.  A Maine criminal defense attorney will review all the evidence, as well as the investigation conducted by law enforcement as a part of your legal defense advocacy.  A Maine criminal defense attorney will assure your rights are preserved.

Sex Crimes in Maine

Common sex crimes charges include:

  • Gross Sexual Assault / Rape – Gross sexual assault is a sex act in which the victim is compelled to submit, or is made to submit by taking away the victim’s ability to refuse consent, such as by drugs or the use of a weapon.  Gross sexual assault can range from a class C to a class A felony.  Some aggravating factors of gross sexual assault include the mental compulsion of the accused and the age of the victim.
  • Unlawful Sexual Contact – Unlawful sexual contact is described as subjecting another person to a sex act, and the other person has not accepted the advances.  Typically, unlawful sexual contact is a class D misdemeanor.  However, aggravating factors, such as if there is penetration and the age of the victim, can lead to a felony crime.
  • Unlawful Sexual Touching – Unlawful sexual touching is described as subjecting another person to touching in a sexual way, and the other person has not accepted the advances.  Unlawful sexual touching is a class D misdemeanor.

Potential Penalties for Sex Crimes in Maine

If convicted of any of these charges, the penalties resulting from a conviction of sex crimes in Maine are severe.  Depending on the circumstance, jail time may be anticipated as well as mandatory registration in a sex offender registry.  Sex crimes in Maine have two types of serious penalties.

Sex Crimes in Maine

  • Criminal Penalties can include the following direct consequences:
    • Imprisonment in a Maine State Jail or Prison
    • Probation or Community Control Conditions;
    • Sex Offender Counseling;
    • Fines, Court Costs, Fees, Costs of Supervision
    • Sex Offender Registration
    • Social Stigma can including the following indirect consequences after being accused or convicted of sex crimes in Maine.
      • Damage to Reputation
      • Estrangement from family
      • Loss of career opportunities

Penalties for misdemeanor sex crimes can result in jail time of less than a year and/or probation, fines, and possible community service.  For felony sex crimes, the penalties are more severe such as long prison terms and even a lifetime of being registered as a sex offender.  A Class A Gross Sexual Assault conviction is punishable by up to 30 years jail time and fines up to $50,000.00.

Sex Offender Registry (SORNA)

The Sex Offender Registration and Notification Act of 1999 (SORNA) imposes a duty on actors convicted of sex crimes to register with any law enforcement agency where the convicted person lives, works, or attends school.  These agencies include municipal police departments, sheriffs departments, and campus police departments.  If the convicted person changes residences, employment, or schooling, the convicted person needs to notify the agencies where that person is registered of the change.  Depending on the circumstances of the crime, a person convicted of a sex offense or a sexually violent offense must be registered for a period of ten (10) years or for a lifetime registration.

Some Offenses that Trigger the Duty to Register

Some of the offences that can trigger the duty to register under SORNA include Gross Sexual Assault, Sexual Abuse of a Minor, Unlawful Sexual Contact, Solicitation of a Child by Computer, and Dissemination/Possession of Sexually Explicit Materials.  This list is by no means exhaustive.  For questions regarding if any sex crimes you are facing might result in mandatory SORNA registration for you, contact a criminal defense attorney.

Failure to Comply with Duty to Register under SORNA

If a person with a duty to register under SORNA fails to register with any required agency, it is considered a strict liability crime.  The first offense for failing to register is a class D misdemeanor.  Subsequent violations are charged as felonies.  SORNA can be a complicated and confusing maze of requirements.  An experienced Maine criminal defense lawyer can help protect your rights and guide you through the SORNA requirements.

Contact Criminal Defense Lawyer Chris Nielsen

Chris Nielsen is a results-oriented Maine criminal defense attorney who has defended the rights of his clients in the Portland area for over ten years.  A conviction for sex crimes in Maine can carry very long lasting and significant negative consequences.  Please call the Nielsen Group for your free consultation today.  We will answer your questions and put your mind at ease.

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