Both prostitution and solicitation are considered sex crimes in Maine. Buying or selling sexual acts or sexual contact is illegal and has traditionally been considered a criminal offense for all those involved.
However, Maine’s prostitution and solicitation laws have recently been updated with some important changes.
Here’s what you need to know.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Table of Contents
What are the old laws regarding prostitution and solicitation in Maine?
Under Maine Revised Statutes 17-A section 853-A, which has now been repealed, engaging in prostitution was illegal in the state.
Illegal behavior included 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.
A “sexual act” was defined as the following (and still is):
- Any act between two people involving direct physical contact between the genitals of one person 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 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
Sexual contact is defined as 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.
Although the laws regarding the previous offense of engaging in prostitution have now been repealed, soliciting prostitution remains illegal in Maine. This means that paying for (or offering to pay for) someone else in exchange for a sexual act or sexual contact is prohibited and can lead to a criminal charge.
What are the penalties for prostitution and solicitation in Maine?
While prostitution has traditionally been viewed in many quarters as “one of those crimes” that usually goes unpunished, the associated penalties by the letter of the law have always been quite severe.
The precise penalty for a prostitution or solicitation conviction greatly depends on the circumstances of the sex crime. According to the laws, these types of crimes in Maine can be punished as:
- A Class B crime (felony): Punishable by up to 10 years in prison, and/or a fine of up to $10,000.
- A Class C crime (felony): Punishable by up to five years in prison and/or a fine of up to $5,000.
- A Class D crime (misdemeanor): Punishable by imprisonment for up to one year and/or a fine of up to $2,000.
- A Class E crime (misdemeanor): Punishable by up to six months in jail and/or a fine of up to $1,000.
Most prostitution convictions used to be for engaging in prostitution, which was a Class E crime in Maine. The penalties became harsher if the offender had one or more prior convictions for engaging in prostitution (or a substantially similar crime) within the previous two years. This was usually prosecuted as a Class D crime.
However, important changes in 2023 mean that engaging in prostitution has essentially been decriminalized, while the offense of soliciting prostitution has been upgraded in severity, especially when a child is involved.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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 crime of engaging in prostitution and elevates the crime of soliciting a child for commercial sexual exploitation from a misdemeanor to a felony.
The main purpose of this law was to ensure that the “victims” of prostitution and the most vulnerable sectors are not saddled with a criminal conviction—but those who exploit such people remain firmly in the crosshairs of law enforcement.
Accordingly, the crime of engaging in prostitution was repealed, but engaging a person for prostitution still exists as a Class D crime.
Under the new law, the crime of soliciting a child for commercial sexual exploitation has been elevated from a misdemeanor (Class D crime) to a felony (Class C crime), with a maximum punishment of five years in state prison.
The new law is designed to clamp down hard on those who promote prostitution, exploit sex workers, and abuse minors. However, it also recognizes that many unfortunate individuals are pushed or trafficked into the sex trade out of necessity rather than by choice.
Sex workers often come from marginalized communities for whom a criminal conviction would create further distress. The new law aims to break the cycle of arresting and re-victimizing people for their own exploitation.
What is the penalty for soliciting a child to engage in prostitution in Maine?
Under Maine’s new prostitution and solicitation laws, solicitation of a child to engage in prostitution is a Class C crime. The crime is classified as a sexual assault under Title 17-A of the Maine Criminal Code:
- A person is guilty of soliciting a child to engage in prostitution if the actor knowingly solicits directly or indirectly by any means a person the actor knows or believes is under 18 years of age to engage in prostitution, as defined in section 851.
- Violation of this section is a Class C crime.
As a Class C crime, the penalties for a conviction are up to five years in prison and/or a fine of up to $5,000. The elevation of this crime to the equivalent of a felony gives judges less leeway for leniency, but the penalties will depend on the circumstances of the case.
What is aggravated sex trafficking in Maine?
Sex trafficking laws in Maine include promotion of sex trafficking (a Class D crime) and aggravated sex trafficking (a Class B crime).
Under Title 17-A, a person is guilty of aggravated sex trafficking if the person knowingly:
- Promotes prostitution by compelling a person to enter into, engage in or remain in prostitution;
- Promotes prostitution of a person 15, 16 or 17 years of age; or
- Promotes prostitution of a person who suffers from a mental disability that is reasonably apparent or known to the actor and that, in fact renders the other person substantially incapable of appraising the nature of the conduct involved.
Aggravated sex trafficking is considered a Class B crime, with a prison term of up to 10 years and a fine of up to $10,000.
If a person knowingly promotes prostitution of a person 14 years of age or younger, this form of aggravated sex trafficking is treated as a Class A crime, which can result in up to 30 years in prison and/or a $50,000 fine.
For experienced legal help with any sex crime, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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