Domestic violence crimes in the state of Maine can be confusing. This is because domestic violence crimes are really just other crimes, such as assault or battery, when these crimes are committed against certain people.

It may be helpful to view laws that prohibit domestic violence as providing an additional level of legal protection to a certain group of people rather than everyone. This added layer of protection often results in harsher penalties for violations.

Who is covered by domestic violence laws in Maine?

In the State of Maine, our domestic violence laws only apply when a qualifying crime is committed against a person who is a “household member” of the person who committed the crime. Unfortunately, what makes someone a “member of the household” of someone else can be complex, once you look at some of its practical issues.

By simply reading the domestic violence laws in Maine, you will find that the laws provide a list of relationships that make a person a “household member”:

• Current and former spouses or domestic partners;
• People who are currently or formerly living together as spouses;
• People who currently or formerly live together;
• People who are currently or have been sexual partners;
• Parents of the same child;
• Adults related to each other by blood or affinity; Or
• Minor children of an adult who is otherwise a member of the household.

Although these categories cover most possibilities, many complexities and nuances arise when these definitions are applied to individual cases.

Domestic violence laws are problematic in Maine

One of the most common examples of the complexity of Maine’s domestic violence laws is how they treat loved ones. If a crime qualifying as domestic violence is committed by someone against their boyfriend or girlfriend, whether it is considered domestic violence – and, therefore, whether it carries harsher penalties – depends on whether or not the two were sexual partners.

As a pivotal case in Maine showed, this requires the prosecutor to prove that the two men actually had sex with each other. If they were, then their relationship makes them “members of the household,” which allows domestic violence charges to be brought. If they have not had sexual relations with each other, their status as boyfriend or girlfriend does not meet the legal requirements.

Proving, in a courtroom, that two people had intimate sexual relations can be a tricky and incredibly uncomfortable proposition. This often ends in a “he said, she said” scenario that leaves the jury guessing.

Contact Our Maine Domestic Violence Lawyers

This is just one of the problems with Maine’s domestic violence laws. Although they make sense in theory, the way they are applied in practice can lead to uncomfortable situations and embarrassing results.

If you have been charged with domestic violence in the state of Maine, you need an experienced domestic violence defense attorney to ensure that you do not face a particularly harsh sentence. Contact the Maine Criminal Defense Group online or at (207) 571-8146.

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Maine Alcohol Laws

While you need to know Maine’s strict OUI laws, it’s also important to know other ways to deal with a traffic violation if alcohol is involved. If you have an open container of alcohol in your vehicle, you may still face a traffic violation even if your driving is not impaired by alcohol or drugs. This also applies if a passenger drinks alcohol or simply possesses the open container.

Maine’s open container laws, §2112-A, prohibit drivers and passengers from consuming alcohol in motor vehicles and drivers will be held liable if an open container of alcohol is found by law enforcement. order during a stop.

There are some exceptions to the rule, but drivers and passengers should know the laws so as not to inadvertently create legal problems during a trip and end up facing a potentially large fine.

Maine Open Container Law

Maine’s open container law states the following:

“Driving a vehicle on a public highway contravenes this article. [of the statute] if the driver or a passenger in the passenger area of ​​the vehicle:

1. Consumes alcohol; Or
2. Has an open alcoholic beverage container.

What types of alcoholic beverages does the law refer to?

The open container law covers “spirit, wine, fermented” or other alcoholic beverages intended for “human consumption” that contain more than 0.5 percent alcohol by volume.

What is considered an “open container” in Maine?

An open alcoholic beverage container generally refers to any open can or bottle containing an amount of alcohol above the 0.5 percent threshold. It also covers any other container:

• Open, or
• Have a broken seal, or
• Content has been partially deleted

Does the open container law apply to all parts of a vehicle?

Open container laws in Maine apply only to “passenger areas.” This is the area designed for the driver and passengers to sit while the motor vehicle is in operation.

The law does not apply to the trunk or cargo area of ​​a vehicle. It should be noted, however, that the glove box is considered part of the passenger area because it is easily accessible to both passengers and the driver when seated in the vehicle.

Thus, if an open container is discovered in one of these passenger areas, the driver is exposed to sanctions.

Does the open container law apply to all Maine roads?

Open container laws, like other drunk driving laws in Maine, apply to all public roads or “public roads” in the state. That is, any means owned and maintained by the state, county or city and open to the general public, including a right-of-way.

Are there any exceptions to the open container law in Maine?

The laws mentioned above cover the majority of situations in which an open container is found in a vehicle in Maine, supplementing the already tough drunk driving laws.

However, even if an open container is found in your vehicle, you may not be responsible for penalties if any of the following conditions apply:

• The open container of alcohol is found in the trunk: You can legally possess an open container of alcoholic beverage in the trunk or (if there is no trunk) behind the last upright seat or in an area not usually occupied by the driver or passengers.
• Passengers paid a fee for the driving service: In most vehicles intended for the paid transportation of passengers (except taxis), passengers can legally consume alcohol.
• The passengers are in their living quarters: If the vehicle is a motorhome, trailer, semi-trailer, or camper, passengers may legally consume alcohol and possess an open container in the residential premises without breaking any laws.
• The vehicle is an approved catering vehicle during a catering event.: A driver or employee of a driver may legally transport open containers of alcohol to and from catering events if the driver has a valid catering license.

What are the penalties for an open container in Maine?

The good news if you are charged under Maine’s open container law is that you will not face a criminal charge, jail time, or license suspension like you would in some states.

Instead, you will be considered to have committed a traffic violation. This is punishable by a minimum fine of $25 and a maximum fine of $500.

What are the rules and sanctions for juvenile offenders?

In Maine, minors (people under the age of 18) are generally not allowed to possess or consume alcohol. They are also generally not allowed to transport alcohol in a motor vehicle.

Illegal transportation of alcohol by a minor is specifically addressed by the Maine Legislature as follows:

“a minor cannot knowingly transport [liquor] or knowingly [allow liquor to be transported] in a motor vehicle under the control of the minor. The following sanctions apply to violations of this paragraph.

1. A minor who contravenes this paragraph commits a civil offense for which a fine of not more than $500 may be imposed.
2. A minor who violates this paragraph after having previously violated this section commits a civil offense for which a fine of not less than $200 nor more than $500 shall be imposed, none of which may be suspended.
3. A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil offense for which a fine of not less than $400 nor more than $500 shall be imposed, neither of which may be suspended.

There are a few exceptions where a minor can legally transport alcohol in a motor vehicle in Maine:

• If the act falls within the scope of the minor’s employment
• If the act is done at the request of the parent or guardian of the minor, or
• If the alcohol is placed outside the passenger and driver area (such as a trunk or locked glove box) and the minor has no actual knowledge of its presence in the vehicle.

If a minor is caught with alcohol in the vehicle or is caught consuming alcohol, they can only be charged with one offense (illegal possession or illegal transportation), rather than both offenses.

Do penalties apply to open marijuana containers in Maine?

The Maine Legislature also addresses open marijuana containers.

Under this law, the driver of a vehicle on a public road commits a traffic offense if he or a passenger in the passenger area of ​​the vehicle consumes marijuana or a marijuana product or has an open container.

Again, the operator will not face criminal charges because marijuana is legal in the state of Maine.

In this sense, an open container is a container that contains any amount of marijuana or consumable products made from marijuana and has a broken seal or a container whose contents have been partially removed.

Similar exceptions exist with the open container law for marijuana as well as the open container laws for alcohol. An additional exception exists, however, for a passenger who has an open container and is a medical marijuana card holder.

For experienced legal help regarding any OUI crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..

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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:

1. 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.
2. 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:

1. Promotes prostitution by forcing a person to engage in, engage in or remain in prostitution;
2. Promotes the prostitution of a person aged 15, 16 or 17; Or
3. 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..

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Maine’s domestic violence and stalking laws are currently being updated to address some deficiencies in previous laws and to provide more clarity to both victims and defendants in such cases.

A recent high-profile case in Colorado resulted in an appeal to the Supreme Court in June 2023 and highlighted the difficulties encountered in prosecuting alleged perpetrators of stalking and domestic violence crimes, with emphasis on on criminal harassment that takes place online or without any physical contact. First Amendment free speech rights are strong in the United States, and proving “real threats” can be difficult when trying to secure a conviction.

The new laws are designed to bring greater clarity to Maine’s courts, as well as to the victims of these cases and the defendants charged with these crimes.

Domestic Violence in Maine

Domestic violence is most often used to describe domestic violence in Maine. This can take the form of physical or sexual abuse or verbal and emotional abuse.

The crime has a very broad definition and includes any type of abusive behavior committed by one member of a household against another. This also includes threats to commit violence and even crimes committed against a domestic partner’s pet to control and/or intimidate the alleged victim.

In Maine, family members or those in an intimate relationship – a marriage, a romantic relationship, or even cohabiting members of a household – can be charged with domestic violence. If convicted, penalties typically include probation, a requirement to avoid contact with the victim for a specified period of time, enrollment in a rehabilitation course, and possible eviction from the home.

Stalking Laws in Maine

Maine’s harassment laws are harsh, and even harsher if the person allegedly harassed is someone close to the accused. This crime can lead to a domestic violence stalking charge, rather than standard stalking.

Standard stalking laws prohibit knowingly engaging in “conduct directed at or concerning a specific person that would cause a reasonable person” to:

• Suffering from emotional distress or serious inconvenience
• Fear of being hurt
• Fear for family, close friends, lovers, associates or even pets, or
• Worrying about your property

If a person accused of stalking is in a relationship with the alleged victim, the stalking charge becomes a domestic violence stalking charge. This is a class D felony in Maine, punishable by up to 364 days in prison.

What do the new harassment laws mean?

A large number of alleged stalking cases have not been prosecuted in Maine since the Supreme Court’s decision. Law enforcement has often been unable to arrest suspects, and the district attorney’s office has dismissed many cases because the current stalking law is considered unconstitutional and the likelihood of a conviction is very low. .

New laws proposed in Maine aim to create a constitutionally strong criminal and civil justice system in response to domestic violence. The idea is that crimes can be successfully and constitutionally prosecuted under Maine law rather than in cases ending in dismissal or acquittal.

Representatives from the Maine Attorney General’s Office, the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault testified in support of the proposal.

What constitutes a “real threat” in stalking cases?

The nature of a “real threat” was at the heart of the Supreme Court’s decision in Colorado. This is because “real threats” are not protected by First Amendment rights to free speech.

The Colorado court initially relied on an objective test to establish its conviction, one that a reasonable person would interpret the statement in context as a threat.

The Supreme Court ruled that a subjective standard of testing must be used, which requires a prosecutor to demonstrate that the person who made the statement intended to make a threat. This is generally more difficult to achieve. Because this was not shown in the original Colorado case, the appeal was successful and the conviction was overturned, returning to the lower court for a new trial under the new standard.

The decision on the “real threats” standard sounded alarm bells in Maine, prompting the changes mentioned.

Proposed Change to Protection from Abuse Orders in Maine

Another proposed change to Maine’s domestic violence laws is currently in the works. This is a bill that would amend the Protection from Abuse Orders Act, giving courts the ability to set a specific distance a defendant must stay away from the victim.

It is useful to remember here that the majority of sexual assaults are committed by someone known to the victim. Currently, most Maine protection orders only prevent what courts call direct contact, such as a phone call or text message, but do not prevent an alleged attacker from walking near their target, for example.

The bill states that the defendant must knowingly be within that specified distance to avoid circumstances in which the defendant may not be aware that he or she is in proximity to the victim.

A conviction for violating a protection from abuse order carries significant penalties in Maine. This can be classified as a class C felony and punishable by up to five years in prison. However, a common defense for defendants is to claim they did not know they were near the victim.

The proposed change to the law would effectively nullify this defense and bring it into line with several other states that have distancing requirements to protect against abuse orders.

Changes to Maine’s domestic violence laws generally give courts more power to protect alleged victims. It is therefore imperative for anyone accused of a domestic violence offense to hire a criminal lawyer who is aware of the new laws and can provide a strong defense.

For experienced legal help regarding any domestic violence or stalking charges, call the Maine Criminal Defense Group at 207-571-8146 for an initial assessment of the case.

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