| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §255-A, sub-§1, as amended by PL 2001, c. 354, §3 | and enacted by c. 383, §23 and affected by §156, is further | amended to read: |
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| | 1. A person is guilty of unlawful sexual contact if the | actor intentionally subjects another person to any sexual | contact and: |
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| A. The other person has not expressly or impliedly | acquiesced in the sexual contact. Violation of this | paragraph is a Class D B crime; |
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| B. The other person has not expressly or impliedly | acquiesced in the sexual contact and the sexual contact | includes penetration. Violation of this paragraph is a | Class C B crime; |
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| C. The other person is unconscious or otherwise | physically incapable of resisting and has not consented to | the sexual contact. Violation of this paragraph is a | Class D B crime; |
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| D. The other person is unconscious or otherwise | physically incapable of resisting and has not consented to | the sexual contact and the sexual contact includes | penetration. Violation of this paragraph is a Class C B | crime; |
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| E. The other person, not the actor's spouse, is in fact | less than 14 years of age and the actor is at least 3 | years older. Violation of this paragraph is a Class C B | crime; |
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| F. The other person, not the actor's spouse, is in fact | less than 14 years of age and the actor is at least 3 | years older and the sexual contact includes penetration. | Violation of this paragraph is a Class B crime; |
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| G. The other person suffers from a mental disability that | is reasonably apparent or known to the actor that in fact | renders the other person substantially incapable of | appraising the nature of the contact involved or of | understanding that the other person has the right to deny | or withdraw consent. Violation of this paragraph is a | Class D B crime; |
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| H. The other person suffers from a mental disability that is | reasonably apparent or known to the actor that in fact renders | the other person substantially incapable of appraising the | nature of the contact involved or of understanding that the | other person has the right to deny or |
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