1. A person is guilty of incest if the person is at least 18 years of age and:A. Engages in sexual intercourse with another person who the actor knows is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; or [2001, c. 383, §70(NEW); 2001, c. 383, §156(AFF).]B. Violates paragraph A and, at the time of the incest, the person has 2 or more prior Maine convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime. [2007, c. 476, §25(AMD).] [2007, c. 476, §25(AMD).]
1-A. It is a defense to a prosecution under this section that, at the time the actor engaged in sexual intercourse with the other person, the actor was legally married to the other person. [1989, c. 401, Pt. A, §7(AMD).]
1-B. As used in this section "sexual intercourse" means any penetration of the female sex organ by the male sex organ. Emission is not required. [1989, c. 401, Pt. A, §7(NEW).]
1-C. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the following meanings. A. When the actor is a woman, it means the other person is her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother. [2001, c. 383, §71(NEW); 2001, c. 383, §156(AFF).]B. When this actor is a man, it means the other person is his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister. [2001, c. 383, §71(NEW); 2001, c. 383, §156(AFF).] [2001, c. 383, §71(NEW); 2001, c. 383, §156(AFF).]
2.[2001, c. 383, §72(RP); 2001, c. 383, §156(AFF).]
1975, c. 499, § 1 (NEW) . 1975, c. 740, § 72 (AMD) . 1977, c. 510, § 57 (AMD) . 1989, c. 401, §A7 (AMD) . 1993, c. 451, § 3 (AMD) . 2001, c. 383, §§70-72 (AMD) . 2001, c. 383, § 156 (AFF) . 2007, c. 476, § 25 (AMD) .