1. 1. A person is guilty of incest if the person is at least 18 years of age and:

   1. 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

      [PL 2001, c. 383, §70 (NEW); PL 2001, c. 383, §156 (AFF).]

   2. 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.

      [PL 2007, c. 476, §25 (AMD).]

   [PL 2007, c. 476, §25 (AMD).]

2. 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.

   [PL 1989, c. 401, Pt. A, §7 (AMD).]

3. 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.

   [PL 1989, c. 401, Pt. A, §7 (NEW).]

4. 1-C. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the following meanings.

   1. 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.

      [PL 2001, c. 383, §71 (NEW); PL 2001, c. 383, §156 (AFF).]

   2. 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.

      [PL 2001, c. 383, §71 (NEW); PL 2001, c. 383, §156 (AFF).]

   [PL 2001, c. 383, §71 (NEW); PL 2001, c. 383, §156 (AFF).]

5. 2.

   [PL 2001, c. 383, §72 (RP); PL 2001, c. 383, §156 (AFF).]

PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §72 (AMD). PL 1977, c. 510, §57 (AMD). PL 1989, c. 401, §A7 (AMD). PL 1993, c. 451, §3 (AMD). PL 2001, c. 383, §§70-72 (AMD). PL 2001, c. 383, §156 (AFF). PL 2007, c. 476, §25 (AMD).