Prostitution and solicitation are considered sex crimes in Maine. Buying or selling sexual acts or sexual contact is illegal and is traditionally considered a criminal offense for everyone involved.
However, Maine’s prostitution and solicitation laws were recently updated with some significant changes.
Here’s what you need to know.
What are the old laws regarding prostitution and soliciting in Maine?
Under section 853-A of the Maine Revised Statutes, which has now been repealed, prostitution was illegal in the state.
Unlawful conduct included engaging in, agreeing to engage in, or offering to engage in a sexual act or sexual contact in exchange for a monetary benefit to be received by the person engaging in prostitution or by a third party.
A “sexual act” was (and still is) defined as follows:
- Any act between two people involving direct physical contact between the genitals of one and the mouth, anus or genitals of the other
- Any act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus or genitals of the other, or
- Any act involving direct physical contact between the genitals or anus of one person and an instrument handled by another for the purpose of arousing or satisfying sexual desire, or for the purpose of causing bodily harm or contact physically offensive.
Sexual contact is defined as any touching of the genitals or anus (directly or through clothing), with the aim of arousing or satisfying sexual desire or with the aim of causing bodily harm or physical contact offensive.
Although laws regarding the prior offense of prostitution have now been repealed, solicitation of prostitution remains illegal in Maine. This means that paying (or offering to pay) to someone else in exchange for a sexual act or sexual contact is illegal and may result in a criminal charge.
What are the penalties for prostitution and soliciting in Maine?
While prostitution is traditionally viewed in many circles as “one of those crimes” that generally goes unpunished, the letter’s penalties associated with it have historically been quite severe.
The precise penalty for a conviction for prostitution or solicitation depends greatly on the circumstances of the sex crime. According to the laws, these types of crimes in Maine can be punished as follows:
- A Class B felony (felony): punishable by up to 10 years in prison and/or a fine of up to $10,000.
- A Class C Felony (felony): punishable by up to five years in prison and/or a fine of up to $5,000.
- A Class D Felony (misdemeanor): punishable by imprisonment of up to one year and/or a fine of up to $2,000.
- A Class E Felony (misdemeanor): punishable by imprisonment of up to six months and/or a fine of up to $1,000.
Most prostitution convictions involved prostitution, which was a class E felony in Maine. Penalties became more severe if the offender had already been convicted one or more times for engaging in prostitution (or a substantially similar crime) in the previous two years. This was usually prosecuted as a class D felony.
However, significant changes in 2023 mean that the practice of prostitution has been essentially decriminalized, while the offense of soliciting prostitution has been increased in severity, particularly where a child is involved.
Has prostitution been partially decriminalized in Maine?
In June 2023, Maine passed a new law that partially decriminalizes prostitution. It was called “An Act to Reduce Commercial Sexual Exploitation”.
The new law eliminates the offense of engaging in prostitution and elevates the offense of soliciting a child for commercial sexual exploitation from a misdemeanor to a misdemeanor.
The main aim of this law was to ensure that the ‘victims’ of prostitution and the most vulnerable sectors do not face criminal conviction – but those who exploit these people remain firmly in the crosshairs of law enforcement. ‘order.
As a result, the crime of engaging in prostitution was repealed, but the act of prostituting a person still exists as a class D felony.
Under the new law, the offense of soliciting a child for commercial sexual exploitation was reduced from a misdemeanor (class D felony) to a felony (class C felony), punishable with a maximum sentence of five years in state prison.
The new law aims to crack down hard on those who promote prostitution, exploit sex workers and abuse minors. However, it also recognizes that many unfortunate people are pushed or trafficked into the sex trade out of necessity rather than choice.
Sex workers often come from marginalized communities for whom a criminal conviction would create even more distress. The new law aims to break the cycle of arrest and re-victimization of people for their own exploitation.
What is the penalty for soliciting a child into prostitution in Maine?
Under Maine’s new prostitution and solicitation laws, soliciting a child to engage in prostitution is a class C felony. The crime is classified as sexual assault under Title 17-A of the Code Maine penal:
- A person is guilty of solicitation of a child to engage in prostitution if the actor knowingly solicits, directly or indirectly, by any means, a person whom the actor knows or believes to be under 18 years of age to engage in prostitution. to prostitution, as defined in article 851.
- Violation of this section is a class C felony.
As a Class C felony, penalties for conviction can be up to five years in prison and/or a fine of up to $5,000. Elevating this crime to a felony gives judges less leeway to show leniency, but penalties will depend on the circumstances of the case.
What is aggravated sex trafficking in Maine?
Sex trafficking laws in Maine include promoting sex trafficking (a class D felony) and aggravated sex trafficking (a class B felony).
Below Title 17-Aa person is guilty of aggravated sex trafficking if he or she knowingly knows:
- Promotes prostitution by forcing a person to engage in, engage in or remain in prostitution;
- Promotes the prostitution of a person aged 15, 16 or 17; Or
- Promotes the prostitution of a person who has a mental disability that is reasonably apparent or known to the actor and which in fact renders the other person substantially incapable of evaluating the nature of the conduct involved.
Aggravated sex trafficking is considered a Class B felony, punishable by up to 10 years in prison and a fine of up to $10,000.
If a person knowingly encourages the prostitution of a person 14 years of age or younger, this form of aggravated sex trafficking is treated as a Class A felony, carrying up to 30 years in prison and/or a $50,000 fine. $.
For experienced legal help regarding any sex crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..