§854. Indecent conduct
1.
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 any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. 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 any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class D crime;
[PL 2007, c. 476, §31 (AMD).]
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;
[PL 2001, c. 383, §105 (AMD); PL 2001, c. 383, §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;
[PL 2001, c. 383, §105 (AMD); PL 2001, c. 383, §156 (AFF).]
D.
The actor violates paragraph B and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class D crime; or
[PL 2007, c. 476, §32 (AMD).]
E.
The actor violates paragraph C and the actor has 2 or more prior convictions for any combination of the following: violating this section or section 256 or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class D crime.
[PL 2007, c. 476, §33 (AMD).]
[PL 2007, c. 476, §§31-33 (AMD).]
2.
For purposes of this section "public place" includes, but is not limited to, motor vehicles that are on a public way.
[PL 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.
[PL 1995, c. 72, §2 (NEW).]
3.
[PL 2001, c. 383, §106 (RP); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §90 (AMD). PL 1989, c. 401, §§B6,B7 (AMD). PL 1995, c. 72, §2 (AMD). PL 1997, c. 256, §1 (AMD). PL 2001, c. 383, §§105,106 (AMD). PL 2001, c. 383, §156 (AFF). PL 2007, c. 476, §§31-33 (AMD).