{"id":373768,"date":"2016-04-11T01:22:48","date_gmt":"2016-04-11T06:22:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maine-law\/maine-prostitution-and-solicitation-laws.html"},"modified":"2016-06-20T19:51:22","modified_gmt":"2016-06-21T00:51:22","slug":"maine-prostitution-and-solicitation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maine-law\/maine-prostitution-and-solicitation-laws.html","title":{"rendered":"Maine Prostitution and Solicitation Laws"},"content":{"rendered":"\n
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Maine Prostitution and Solicitation Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Maine, it’s illegal to both buy and to sell sexual acts or sexual contact. In other words, both prostitution<\/a> and solicitation<\/a> are illegal. This article provides a brief overview of Maine’s prostitution and solicitation laws.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Maine Revised Statutes 17-A section 853-A<\/a>: Engaging in Prostitution<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Engaging in, agreeing to engage in, or offering to engage in a sexual act or sexual contact in exchange for a pecuniary benefit to be received by the person engaging in prostitution or by a third person.<\/td>\n<\/tr>

Definitions <\/b><\/p>\n<\/td>\n

Sexual act<\/u>: A sexual act means<\/p>\n

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  • Any act between two people involving direct physical contact between the genitals of one person and the mouth, anus, or genitals of the other<\/li>\n
  • 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<\/li>\n
  • Any act involving direct physical contact between the genitals or anus of one and an instrument manipulated by another for the purpose of arousing or gratifying sexual desire, or for the purpose of causing bodily injury or offensive physical contact<\/li>\n<\/ul>\n

    Sexual contact<\/u>: Sexual contact means any touching of the genitals or anus (directly or through clothing), for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact.<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Engaging in prostitution is a Class E crime. However, if the offender has one or more prior convictions for engaging in prostitution (or a substantially similar crime) within the last two years, then the violation is a Class D crime.<\/td>\n<\/tr>

Affirmative Defense <\/b><\/p>\n<\/td>\n

It is an affirmative defense<\/a> to a charge of engaging in prostitution that the person was compelled to do so as a result of aggravated sex trafficking<\/a>.<\/td>\n<\/tr><\/tbody><\/table>\n

Solicitation of Prostitution<\/h2>\n

In Maine it is also illegal to solicit prostitution. In other words, it is a crime to pay (or offer to pay) someone else in exchange for a sexual act or sexual contact. The penalty for soliciting prostitution in Maine is up to six months in jail, and\/or a fine of up to $1,000. However, if the offender has one or more prior convictions for engaging in prostitution (or a substantially similar crime) within the last two years, then the violation is a Class D crime.<\/p>\n

There are also increased penalties for soliciting prostitution from minors and from people who are mentally disabled.<\/p>\n