MAINE

TITLE 17-A: MAINE CRIMINAL CODE
PART 2: SUBSTANTIVE OFFENSES
CHAPTER 35: PROSTITUTION AND PUBLIC INDECENCY

§ 854. Indecent conduct (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
 
     1. (TEXT EFFECTIVE UNTIL 1/31/03) A person is guilty of indecent conduct if: 
A. In a public place:   
(1) The actor engages in a sexual act, as defined in section 251; or
 
(2) The actor knowingly exposes the actor's genitals under circumstances that, in fact, are likely to cause affront or alarm;
[1995, c. 72, §2 (amd).]
 
B. In a private place, the actor exposes the actor's genitals with the intention that the actor be seen from a public place or from another private place; or [1995, c. 72, §2 (amd).]
 
C. In a private place, the actor exposes the actor's genitals with the intention that the actor be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm. [1995, c. 72, §2 (new).]
[1995, c. 72, §2 (amd).]
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     1. (TEXT EFFECTIVE 1/31/03) A person is guilty of indecent conduct if: 
A. In a public place:   
(1) The actor engages in a sexual act, as defined in section 251. Violation of this subparagraph is a Class E crime; 
 
(2) The actor knowingly exposes the actor's genitals under circumstances that in fact are likely to cause affront or alarm. Violation of this subparagraph is a Class E crime;
 
(3) The actor violates subparagraph (1) and the actor has 2 or more prior convictions for violation of this section or section 256. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime; or 
 
(4) The actor violates subparagraph (2) and the actor has 2 or more prior convictions for violation of this section or section 256. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime;
[2001, c. 383, §105 (amd); §156 (aff).]
 
B. In a private place, the actor exposes the actor's genitals with the intent that the actor be seen from a public place or from another private place. Violation of this paragraph is a Class E crime;  [2001, c. 383, §105 (amd); §156 (aff).]
 
C. In a private place, the actor exposes the actor's genitals with the intent that the actor be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm. Violation of this paragraph is a Class E crime;  [2001, c. 383, §105 (amd); §156 (aff).]
 
D. The actor violates paragraph B and the actor has 2 or more prior convictions for violation of this section or section 256. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class D crime; or [2001, c. 383, §105 (new); §156 (aff).]
 
E. The actor violates paragraph C and the actor has 2 or more prior convictions for violation of this section or section 256. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class D crime.  [2001, c. 383, §105 (new); §156 (aff).]
[2001, c. 383, §105 (amd); §156 (aff).]
 
     2. For purposes of this section "public place" includes, but is not limited to, motor vehicles that are on a public way. [1995, c. 72, §2 (amd).]
 
     2-A. It is a defense to prosecution under subsection 1, paragraph C, that the other person previously lived or currently is living in the same household as the actor. [1995, c. 72, §2 (new).]
 
     3. (TEXT EFFECTIVE UNTIL 1/31/03) Indecent conduct is a Class E crime, except that it is a Class D crime and the authorized probationary period may be doubled if the defendant has 2 or more prior convictions for violation of this section or section 256. For purposes of this subsection, the dates of the prior convictions may not precede the commission of the offense by more than 10 years, although the prior convictions may have occurred on the same date. The date of a conviction is deemed to be the date that sentence is imposed, even though an appeal is taken. The date of commission of the offense being enhanced is presumed to be that date stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent. [1997, c. 256, §1 (amd).]
 
     3. (TEXT REPEALED 1/31/03) [2001, c. 383, §106 (rp); §156 (aff).]


Section History:
PL 1975, Ch. 499,   §1 (NEW).
PL 1975, Ch. 740,   §90 (AMD). 
PL 1989, Ch. 401,   §B6,B7 (AMD).
PL 1995, Ch. 72,  §2 (AMD). 
PL 1997, Ch. 256,   §1 (AMD).
PL 2001, Ch. 383,   §105,106 (AMD).
PL 2001, Ch. 383,   §156 (AFF).
 

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