State of Maine v. Joseph M. Murray

CourtSupreme Judicial Court of Maine
DecidedJuly 14, 2026
DocketSRP-25-288
StatusPublished
AuthorMEAD, J.

This text of State of Maine v. Joseph M. Murray (State of Maine v. Joseph M. Murray) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Maine v. Joseph M. Murray, (Me. 2026).

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2026 ME 61 Docket: SRP-25-288 Argued: April 7, 2026 Decided: July 14, 2026

Panel: STANFILL, C.J., and MEAD, CONNORS, LAWRENCE, DOUGLAS, and LIPEZ, JJ.

STATE OF MAINE

v.

JOSEPH M. MURRAY

MEAD, J.

[¶1] Joseph M. Murray appeals from a judgment of conviction of unlawful

sexual contact and two counts of visual sexual aggression against a child

entered by the trial court (Cumberland County, Cashman, J.) following his plea

of guilty. Murray argues that the sentencing court (1) erred in not considering

his intellectual functioning to any degree, and that its failure to do so violated

the Eighth Amendment of the Constitution of the United States and article one,

section nine of the Maine Constitution; (2) improperly double-counted his

grooming of the victims; (3) abused its discretion by considering his prior

sexual victimization as an aggravating factor; and (4) imposed a

disproportionate sentence. We affirm the sentence. 2

I. BACKGROUND AND PROCEDURAL HISTORY

[¶2] The following facts are drawn from the procedural record and the

sentencing court’s oral findings. See State v. Goncalves, 2025 ME 70, ¶ 2, 340

A.3d 639.

[¶3] On July 27, 2023, the State filed a complaint against Murray alleging

three crimes based on conduct that occurred between January 1, 2018, and

July 3, 2023. Murray was charged by indictment on December 8, 2023, with the

same three crimes: unlawful sexual contact (Class B), 17-A M.R.S.

§ 255-A(1)(E-1) (2026) (Count 1) and two counts of visual sexual aggression

against a child (Class C), 17-A M.R.S. § 256(1)(B) (2026) (Counts 2 and 3). On

October 28, 2024, the trial court held a Rule 11 hearing, see M.R.U. Crim. P. 11,

and Murray entered guilty pleas to all three counts. On May 7, 2025, the court

conducted a sentencing hearing and imposed concurrent sentences of five

years’ imprisonment on the two charges of visual sexual aggression and a

consecutive sentence of eight years’ imprisonment, with all but two years

suspended, and twelve years of probation on the charge of unlawful sexual

contact. See 17-A M.R.S. § 1602 (2025). 1

1 Since the imposition of Murray’s sentence, 17-A M.R.S. § 1602(1)(B) has been amended. See P.L.

2025, ch. 402, § 1 (effective Sep. 24, 2025) (codified at 17-A M.R.S. § 1602(1)(B) (2026)); P.L. 2025, ch. 420, § 1 (effective Sep. 24, 2025) (codified at 17-A M.R.S. § 1602(1)(B)). 3

[¶4] The victims were, at all relevant times, under the age of twelve. The

relationship between the family and Murray was close, and the victims referred

to Murray as “Uncle Joe.”

[¶5] In July 2023, the victims’ mother found the victims engaged in a

“urination act,” after which the victims disclosed that Murray had been

engaging in certain acts with them, noted below, since they were as young as

three. Murray pressured the victims into performing these acts by continually

asking them to do “the thing.” He told the victims that the acts were a secret

and encouraged the victims to not disclose the acts to their parents. The acts

occurred multiple times over a four-year span during which Murray groomed

the victims and otherwise attempted to normalize his aberrant behavior.

[¶6] Murray “would expose himself to the [victims]. And while he was

exposed, he would ask the [victims] to either urinate over him into a diaper he

was holding or he would urinate on them. And in either instance, it involved

masturbation.” In another instance, Murray walked into the bathroom while

the older victim was showering, exposed himself, and masturbated. Murray

also touched the younger victim’s genitals and clitoris, referring to it as “the 4

ticklish spot,”2 and the older victim touched Murray’s genitals on at least one

occasion.

[¶7] The court determined that the basic sentences on Counts 2 and 3

were the statutory maximum of five years and that the basic sentence on

Count 1 was between seven and eight years. After the court weighed the

aggravating and mitigating factors, it concluded that the maximum sentences

for Counts 2 and 3 remained at five years and that the maximum sentence for

Count 1 was eight years. The court imposed concurrent unsuspended

sentences of five years’ imprisonment on Counts 2 and 3. On Count 1, the court

imposed a sentence, consecutive to the sentence on Counts 2 and 3, of eight

years’ imprisonment, with all but two years suspended, and twelve years of

probation, to “maximize both the gravity of the offense and . . . appropriately

match[] the conduct while at the same time providing for services and

supervision of Mr. Murray . . . because . . . supervision will help . . . make sure

this conduct does not happen again.”

[¶8] Murray filed an application to allow an appeal of sentence, see

15 M.R.S. § 2151 (2026), and the Sentence Review Panel granted the

2 This conduct involving physical contact between Murray and the younger victim formed the basis for Count 1. 5

application, State v. Murray, No. SRP-25-288 (Me. Sent. Rev. Panel Aug. 28,

2025).

II. DISCUSSION

A. Consideration of Sentencing Factors

1. Consideration of Intellectual Functioning in Sentencing

a. Constitutional Argument

[¶9] Murray argues that the sentencing court erred in failing to consider

his “intellectual disabilities” as a mitigating factor when imposing his sentence.

Murray alleges that he has a functional IQ of 77, placing him on “a borderline

intellectual function[ing] level,” but concedes that he does not qualify as having

a clinical intellectual disability, which would require an IQ between 50 and 69.3

See Nat’l Acads. of Scis., Eng’g & Med., Mental Disorders and Disabilities Among

Low-Income Children 171 tbl.9-1 (Thomas F. Boat & Joel T. Wu eds., 2015). He

argues that both the Eighth Amendment to the United States Constitution and

article one, section nine, of the Maine Constitution require a court to consider a

defendant’s intellectual disabilities as inherently mitigating. He also contends

that State v. Goncalves, 2025 ME 70, ¶ 40, 340 A.3d 639, supports the idea that

3 The State agrees that Murray does not suffer from a clinical intellectual disability. 6

a permanent mental condition, as compared to a “transient emotional state,” is

inherently mitigating.

[¶10] We review an argument under the Eighth Amendment de novo if

it is preserved because such an argument goes to the legality of sentence. Id.

¶ 32. At the sentencing hearing, Murray argued only that individuals like him,

with lower intellectual functioning, are likely to be victimized in prison, not that

his intellectual functioning is inherently mitigating to his culpability. Because

Murray referenced neither the Eighth Amendment nor article one, section nine

of the Maine Constitution, Murray’s constitutional arguments are not preserved

and we review for obvious error. See id.

[¶11] Maine Rule of Unified Criminal Procedure 52(b) provides that

errors that are “obvious” or that “affect[] substantial rights” may be “noticed”

even if they were not brought to the attention of the trial court. To constitute

obvious error, “there must be (1) an error, (2) that is plain, and (3) that affects

substantial rights. If these conditions are met, we will exercise our discretion

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State of Maine v. Joseph M. Murray, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maine-v-joseph-m-murray-me-2026.