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§253. Gross sexual assault
1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:
A. The other person submits as a result of compulsion, as defined in section 251, subsection 1, paragraph E. Violation of this paragraph is a Class A crime; [PL 2003, c. 711, Pt. B, §2 (AMD).]
B. The other person, not the actor’s spouse, has not in fact attained the age of 14 years. Violation of this paragraph is a Class A crime; or [PL 2003, c. 711, Pt. B, §2 (AMD).]
C. The other person, not the actor’s spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime. [PL 2003, c. 711, Pt. B, §2 (NEW).]
[PL 2003, c. 711, Pt. B, §2 (AMD).]
2. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:
A. The actor has substantially impaired the other person’s power to appraise or control the other person’s sexual acts by furnishing, as defined in section 1101, subsection 18, paragraph A, administering or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime; [PL 2007, c. 474, §1 (AMD).]
B. The actor compels or induces the other person to engage in the sexual act by any threat. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §15 (AMD); PL 2001, c. 383, §156 (AFF).]
C. The other person suffers from mental disability that is reasonably apparent or known to the actor, and which in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the person has the right to deny or withdraw consent. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §15 (AMD); PL 2001, c. 383, §156 (AFF).]
D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual act. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §15 (AMD); PL 2001, c. 383, §156 (AFF).]
E. The other person, not the actor’s spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution, and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class B crime; [PL 2007, c. 102, §1 (AMD).]
F. The other person, not the actor’s spouse, is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student or the actor was a substitute teacher who had instructional, supervisory or disciplinary authority over the student at any time during the 12 months prior to the sexual act. Violation of this paragraph is a Class C crime; [PL 2021, c. 360, §1 (AMD).]
G. The other person, not the actor’s spouse, has not attained the age of 18 years and is a resident in or attending a children’s home, child care facility, facility operated by a family child care provider, children’s residential care facility, drug treatment center, youth camp licensed under Title 22, section 2495 or similar school, facility or institution regularly providing care or services for children, and the actor is a teacher, employee or other person having instructional, supervisory or disciplinary authority over the other person or the actor was a substitute teacher who had instructional, supervisory or disciplinary authority over the student at any time during the 12 months prior to the sexual act. Violation of this paragraph is a Class C crime; [PL 2021, c. 360, §2 (AMD).]
H. The other person has not in fact attained the age of 18 years and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term care and welfare of that other person. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §16 (AMD); PL 2001, c. 383, §156 (AFF).]
I. The actor is a psychiatrist, a psychologist or licensed as a social worker or counseling professional or purports to be a psychiatrist, a psychologist or licensed as a social worker or counseling professional to the other person and the other person, not the actor’s spouse, is a current patient or client of the actor. Violation of this paragraph is a Class C crime; [PL 2019, c. 494, §1 (AMD).]
J. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor’s spouse, receives services from the organization, program or residence and the organization, program or residence recognizes the other person as a person with an intellectual disability or autism. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34‑B, section 5001, subsection 3, or autism, as defined in Title 34‑B, section 6002. Violation of this paragraph is a Class C crime; [PL 2011, c. 542, Pt. A, §11 (AMD).]
K. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor’s spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class C crime; [PL 2017, c. 300, §1 (AMD).]
L. The actor is employed to provide care to a dependent person, who is not the actor’s spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. Violation of this paragraph is a Class C crime; [PL 2021, c. 567, §8 (AMD).]
M. The other person has not consented to the sexual act and the actor is criminally negligent with regard to whether the other person has consented. Violation of this paragraph is a Class C crime; or [PL 2023, c. 280, §2 (AMD).]
N. The actor is a law enforcement officer acting in performance of official duties and the other person, not the actor’s spouse, is under arrest, in custody or being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime. For the purposes of this paragraph, “law enforcement officer” has the same meaning as in Title 25, section 2801‑A, subsection 5. Violation of this paragraph is a Class B crime. [PL 2019, c. 438, §3 (NEW).]
[PL 2023, c. 280, §2 (AMD).]
3.
[PL 2017, c. 300, §3 (RP).]
4.
[PL 2001, c. 383, §18 (RP); PL 2001, c. 383, §156 (AFF).]
5.
[PL 2001, c. 383, §19 (RP); PL 2001, c. 383, §156 (AFF).]
6.
[PL 2019, c. 113, Pt. B, §12 (RP).]
7.
[PL 2019, c. 113, Pt. B, §13 (RP).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§48,49 (AMD). PL 1979, c. 701, §21 (AMD). PL 1981, c. 252, §3 (AMD). PL 1983, c. 326, §§1-4 (AMD). PL 1985, c. 247, §2 (AMD). PL 1985, c. 414, §§2,3 (AMD). PL 1985, c. 495, §§7,8 (AMD). PL 1985, c. 544 (AMD). PL 1985, c. 737, §A41 (AMD). PL 1987, c. 255, §2 (AMD). PL 1989, c. 401, §A4 (RPR). PL 1991, c. 569 (AMD). PL 1993, c. 432, §1 (AMD). PL 1993, c. 687, §§1-3 (AMD). PL 1995, c. 429, §1 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1997, c. 768, §2 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 383, §§14-20 (AMD). PL 2001, c. 383, §156 (AFF). RR 2003, c. 2, §25 (COR). PL 2003, c. 711, §B2 (AMD). PL 2007, c. 102, §1 (AMD). PL 2007, c. 474, §§1, 2 (AMD). PL 2009, c. 211, Pt. B, §15 (AMD). PL 2011, c. 423, §§1-3 (AMD). PL 2011, c. 464, §5 (AMD). PL 2011, c. 542, Pt. A, §11 (AMD). PL 2011, c. 691, Pt. A, §13 (AMD). PL 2013, c. 179, §2 (AMD). PL 2015, c. 509, §1 (AMD). PL 2017, c. 300, §§1-3 (AMD). PL 2019, c. 113, Pt. B, §§12, 13 (AMD). PL 2019, c. 438, §§1-3 (AMD). PL 2019, c. 494, §1 (AMD). PL 2021, c. 360, §§1, 2 (AMD). PL 2021, c. 567, §8 (AMD). PL 2021, c. 608, Pt. E, §1 (AMD). PL 2023, c. 280, §2 (AMD).
1. A person is guilty of sexual abuse of a minor if:
A. The person engages in a sexual act with another person, not the actor’s spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime; [PL 2001, c. 383, §21 (AMD); PL 2001, c. 383, §156 (AFF).]
A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class C crime; [PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class C crime; [PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
B. [PL 1989, c. 401, Pt. A, §5 (RP).]
C. The person is at least 21 years of age and engages in a sexual act with another person, not the actor’s spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime; [PL 2001, c. 383, §21 (AMD); PL 2001, c. 383, §156 (AFF).]
D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; or [PL 2011, c. 464, §6 (AMD).]
E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime. [PL 2011, c. 464, §7 (AMD).]
F. [PL 2011, c. 464, §8 (RP).]
[PL 2011, c. 464, §§6-8 (AMD).]
2. It is a defense to a prosecution under subsection 1, paragraphs A, A‑1, A‑2 and F, that the actor reasonably believed the other person is at least 16 years of age.
[PL 2003, c. 138, §4 (AMD).]
3.
[PL 2001, c. 383, §21 (RP); PL 2001, c. 383, §156 (AFF).]
4. As used in this section, “related to the actor within the 2nd degree of consanguinity” has the meaning set forth in section 556.
[PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §50 (AMD). PL 1985, c. 495, §§9,10 (AMD). PL 1989, c. 401, §A5 (AMD). PL 1993, c. 451, §1 (AMD). PL 1995, c. 104, §§1-3 (AMD). PL 1997, c. 460, §§2,3 (AMD). PL 2001, c. 383, §21 (AMD). PL 2001, c. 383, §156 (AFF). PL 2003, c. 138, §§2-4 (AMD). PL 2011, c. 464, §§6-8 (AMD).
1. Except as provided in section 1, subsection 2, this section becomes effective October 24, 1977.
[PL 1981, c. 324, §4 (RPR).]
2.
[PL 1981, c. 324, §5 (RP).]
2-A. A statute outside this code may be expressly designated as a Class A, Class B, Class C, Class D or Class E crime, in which case sentencing for violation of such a statute is governed by the provisions of this code.
[PL 1981, c. 324, §6 (NEW).]
3. In statutes defining crimes which are outside this code and which are not expressly designated as Class A, Class B, Class C, Class D or Class E crimes, the class depends upon the imprisonment penalty that is provided as follows. If the maximum period authorized by the statute defining the crime:
A. Exceeds 10 years, the crime is a Class A crime; [PL 1975, c. 740, §14 (NEW).]
B. Exceeds 5 years, but does not exceed 10 years, the crime is a Class B crime; [PL 1975, c. 740, §14 (NEW).]
C. Exceeds 3 years, but does not exceed 5 years, the crime is a Class C crime; [PL 1975, c. 740, §14 (NEW).]
D. Exceeds one year, but does not exceed 3 years, the crime is a Class D crime; and [PL 1975, c. 740, §14 (NEW).]
E. Does not exceed one year, the crime is a Class E crime. [PL 1975, c. 740, §14 (NEW).]
[PL 1975, c. 740, §14 (NEW).]
4.
[PL 1985, c. 282, §2 (RP).]
5.
[MRSA T. 17-A §4-A, sub-§5 (RP).]
SECTION HISTORY
PL 1975, c. 740, §14 (NEW). PL 1977, c. 510, §§15,16 (AMD). PL 1977, c. 564, §84 (AMD). PL 1977, c. 661, §6 (AMD). PL 1981, c. 324, §§4-7 (AMD). PL 1981, c. 698, §91 (AMD). PL 1985, c. 282, §2 (AMD). PL 1991, c. 622, §N2 (AMD).
§1604. Imprisonment for crimes other than murder
1. Maximum terms of imprisonment dependent on crime class. Unless a different maximum term of imprisonment is specified by statute, the maximum term of imprisonment is as follows:
A. In the case of a Class A crime, 30 years; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. In the case of a Class B crime, 10 years; [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. In the case of a Class C crime, 5 years; [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. In the case of a Class D crime, less than one year; or [PL 2019, c. 113, Pt. A, §2 (NEW).]
E. In the case of a Class E crime, 6 months. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2. Exceptions to maximum term of imprisonment based on crime class. Notwithstanding subsection 1:
A. In the case of the Class A crime of aggravated attempted murder, the court shall set a term of imprisonment under section 152‑A, subsection 2 of life or a definite period of any term of years; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. If the State pleads and proves that the defendant is a repeat sexual assault offender, the court may set a definite term of imprisonment under section 253‑A, subsection 1 for any term of years; and [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. In the case of the Class A crime of gross sexual assault against an individual who had not yet attained 12 years of age, the court shall set a definite term of imprisonment under section 253‑A, subsection 2 for any term of years. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3. Mandatory minimum term of imprisonment for crime with use of firearm against an individual. If the State pleads and proves that a Class A, B or C crime was committed with the use of a firearm against an individual, the minimum sentence of imprisonment, which may not be suspended, is as follows:
A. In the case of a Class A crime, 4 years; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. In the case of a Class B crime, 2 years; and [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. In the case of a Class C crime, one year. [PL 2019, c. 113, Pt. A, §2 (NEW).]
For purposes of this subsection, the applicable sentencing class is determined in accordance with subsection 5, paragraph A.
This subsection does not apply if the State pleads and proves criminal threatening or attempted criminal threatening, as defined in section 209, or terrorizing or attempted terrorizing, as defined in section 210, subsection 1, paragraph A.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4. Mandatory minimum sentence of imprisonment for certain drug crimes. For an individual convicted of violating section 1105‑A, 1105‑B, 1105‑C, 1105‑D or 1118‑A, except as otherwise provided in section 1125, subsections 2 and 3, the court shall impose a minimum sentence of imprisonment, which may not be suspended, as provided in section 1125, subsection 1.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
5. Circumstances elevating class of crime. The following circumstances elevate the class of a crime.
A. If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a dangerous weapon, then the sentencing class for such crime is one class higher than it would otherwise be. In the case of a Class A crime committed with the use of a dangerous weapon, such use must be assigned special weight by the court in exercising its sentencing discretion. This paragraph does not apply to a violation or an attempted violation of section 208, to any other offenses to which use of a dangerous weapon serves as an element or to any offense for which the sentencing class is otherwise elevated because the actor or an accomplice to that actor’s or accomplice’s knowledge was armed with a firearm or other dangerous weapon. [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. If the State pleads and proves that, at the time any crime under chapter 9, 11, 12, 13, 27 or 35; section 402‑A, subsection 1, paragraph A; or section 752‑A, 752‑C or 752‑F was committed, or an attempt of any such crime was committed, the individual had 2 or more prior convictions under chapter 9, 11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1, paragraph A; or section 752‑A, 752‑C or 752‑F, or for an attempt of any such crime, or for engaging in substantially similar conduct in another jurisdiction, the sentencing class for the crime is one class higher than it would otherwise be.
(1) In the case of a Class A crime, the sentencing class is not elevated, but the prior record must be assigned special weight by the court when imposing a sentence.
(2) Section 9‑A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, for violations under chapter 11, the dates of prior convictions may have occurred at any time.
This paragraph does not apply to section 210‑A if the prior convictions have already served to elevate the sentencing class under section 210‑A, subsection 1, paragraph C or E or any other offense in which prior convictions have already served to elevate the sentencing class.
This paragraph does not apply to murder under section 201 or to section 853-A. [PL 2023, c. 316, §12 (AMD); PL 2023, c. 455, §3 (AMD).]
C. The sentencing class for a crime that is pled and proved and is subject to elevation pursuant to both paragraphs A and B may be elevated successively pursuant to both of those paragraphs if the crime that is pled and proved contains different class elevation factors. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2023, c. 316, §12 (AMD); PL 2023, c. 455, §3 (AMD).]
6. Special weight required for certain aggravating sentencing factors pleaded and proved. In exercising its sentencing discretion, a court shall assign special weight to the following aggravating sentencing factors pleaded and proved by the State:
A. In the case of Class A gross sexual assault, the aggravating sentencing factor specified in section 253‑A, subsection 3, paragraph A; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. In the case of gross sexual assault in violation of section 253, subsection 1 or section 253, subsection 2, the aggravating sentencing factor specified in section 253‑A, subsection 3, paragraph B; and [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. In the case of sexual exploitation of a minor, the aggravating sentencing factor specified in section 282, subsection 3. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
7. Special weight required for certain aggravating sentencing factors found present by court. In exercising its sentencing discretion, the court shall assign special weight to the following aggravating sentencing factors if found by the court.
A. In imposing a sentencing alternative involving a term of imprisonment for an individual convicted of aggravated attempted murder, attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a child who had not in fact attained 6 years of age at the time the crime was committed, the court shall assign special weight to this objective fact in determining the basic term of imprisonment as the first step in the sentencing process specified in section 1602, subsection 1, paragraph A. The court shall assign special weight to any subjective victim impact in determining the maximum term of incarceration in the 2nd step in the sentencing process specified in section 1602, subsection 1, paragraph B. The court may not suspend that portion of the maximum term of imprisonment based on objective or subjective victim impact in arriving at the final sentence as the 3rd and final step in the sentencing process specified in section 1602, subsection 1, paragraph C. This paragraph may not be construed to restrict a court in setting a sentence from considering the age of the victim in other circumstances when relevant. [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. In imposing a sentencing alternative involving a term of imprisonment for an individual convicted of aggravated attempted murder, attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a woman who the convicted individual knew or had reasonable cause to believe to be in fact pregnant at the time the crime was committed, the court shall assign special weight to this fact in determining the basic term of imprisonment as the first step in the sentencing process specified in section 1602, subsection 1, paragraph A. The court shall assign special weight to any subjective victim impact in determining the maximum term of incarceration in the 2nd step in the sentencing process specified in section 1602, subsection 1, paragraph B. The court may not suspend that portion of the maximum term of imprisonment based on objective or subjective victim impact in arriving at the final sentence as the 3rd and final step in the sentencing process specified in section 1602, subsection 1, paragraph C. This paragraph may not be construed to restrict a court in setting a sentence from considering the fact that the victim was pregnant in other circumstances when relevant. [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. In imposing a sentencing alternative involving a term of imprisonment for an individual convicted of a Class C or higher crime, the victim of which was at the time of the commission of the crime in fact being stalked by that individual, the court shall assign special weight to this objective fact in determining the basic sentence in the first step of the sentencing process specified in section 1602, subsection 1, paragraph A. The court shall assign special weight to any subjective victim impact caused by the stalking in determining the maximum term of incarceration in the 2nd step in the sentencing process specified in section 1602, subsection 1, paragraph B. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 316, §12 (AMD). PL 2023, c. 455, §3 (AMD).
§253-A. Special sentencing provisions for gross sexual assault
1. Any term of years; nonmandatory sentence alternative. If the State pleads and proves that the defendant is a repeat sexual assault offender, the court may impose a definite term of imprisonment for any term of years. The court also may impose as part of the sentence either a period of probation of any term of years pursuant to section 1804, subsection 4 or a period of supervised release of any term of years pursuant to section 1881, subsection 2, paragraph A.
As used in this subsection, “repeat sexual assault offender” means a person who commits a new gross sexual assault after having been convicted previously and sentenced for any of the following:
A. Gross sexual assault, formerly denominated as gross sexual misconduct; [PL 2019, c. 113, Pt. B, §14 (NEW).]
B. Rape; [PL 2019, c. 113, Pt. B, §14 (NEW).]
C. Attempted murder accompanied by sexual assault; [PL 2019, c. 113, Pt. B, §1
4 (NEW).]
D. Murder accompanied by sexual assault; or [PL 2019, c. 113, Pt. B, §14 (NEW).]
E. Conduct substantially similar to a crime listed in paragraphs A to D that is a crime under the laws of another jurisdiction. [PL 2019, c. 113, Pt. B, §14 (NEW).]
For purposes of determining whether a defendant is a repeat sexual assault offender, the date of sentencing is the date of the oral pronouncement of the sentence by the trial court, even if an appeal is taken.
“Accompanied by sexual assault” as used with respect to attempted murder, murder and crimes involving substantially similar conduct in another jurisdiction is satisfied if it was definitionally an element of the crime or was pleaded and proved.
[PL 2019, c. 113, Pt. B, §14 (NEW).]
2. Any term of years; mandatory sentence alternative. If the State pleads and proves that a crime under section 253 was committed against an individual who had not yet attained 12 years of age, the court shall impose a definite term of imprisonment for any term of years. In determining the basic term of imprisonment as the first step in the sentencing process specified in section 1602, subsection 1, paragraph A, the court shall select a definite term of at least 20 years. The court shall also impose as part of the sentence a period of supervised release to immediately follow that definite term of imprisonment as mandated by section 1881, subsection 1.
[PL 2019, c. 113, Pt. B, §14 (NEW).]
3. Aggravating sentencing factors. The court shall treat the following as an aggravating sentencing factor.
A. If the State pleads and proves that a Class A crime of gross sexual assault was committed by an individual who had previously been convicted and sentenced for a Class B or Class C crime of unlawful sexual contact, or an essentially similar crime in another jurisdiction, the court, in determining the appropriate sentence, shall treat as an aggravating sentencing factor that prior conviction. [PL 2019, c. 113, Pt. B, §14 (NEW).]
B. If the State pleads and proves that a violation of section 253, subsection 1 or 2 was committed in a safe children zone, the court, in determining the appropriate sentence, shall treat this as an aggravating sentencing factor. [PL 2019, c. 113, Pt. B, §14 (NEW).]
C. In using a sentencing alternative involving a term of imprisonment for an individual convicted of violating section 253, a court, in determining the maximum period of incarceration as the 2nd step in the sentencing process specified in section 1602, subsection 1, paragraph B, shall treat each prior Maine conviction for a violation of section 253 as an aggravating sentencing factor.
(1) When the sentencing class for a prior conviction under section 253 is Class A, the court shall enhance the basic period of incarceration by a minimum of 4 years of imprisonment.
(2) When the sentencing class for a prior conviction under section 253 is Class B, the court shall enhance the basic period of incarceration by a minimum of 2 years of imprisonment.
(3) When the sentencing class for a prior conviction under section 253 is Class C, the court shall enhance the basic period of incarceration by a minimum of one year of imprisonment. [PL 2019, c. 113, Pt. B, §14 (NEW).]
D. In arriving at the final sentence as the 3rd step in the sentencing process specified in section 1602, subsection 1, paragraph C, the court may not suspend that portion of the maximum term of incarceration based on a prior conviction. [PL 2019, c. 113, Pt. B, §14 (NEW).]
[PL 2019, c. 113, Pt. B, §14 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. B, §14 (NEW).
THIS SITE CONTAINS EDUCATIONAL CONTENT THAT IS NOT SUITABLE FOR MINORS.