An Act To Protect Children from Unlawful Sexual Touching Further
Maine Legislature, Session 121, LD 0722
Committee Amendment CA_A_H155 (House)

COMMITTEE AMENDMENT "/I,, to H.P. 528, L.D. 722, Bill, "An 
Act To Protect Children 14 
and 15 Years of Age 
from Sexual 
Contact with Adults" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Protect Children from Unlawful Sexual Touching' 
Further 
amend the bill by inserting after the enacting 
clause the following: 
'Sec. 1. 17·A MRSA §251, sub·§I, tG is enacted to read: 
G. 
"Sexual touching" means 
buttocks. 
groin 
or 
inner 
clothing. for the purpose Qf 
desire or for the purpose 
offensive physical contact.' 
Further amend the bill by 
following: 
any touching of the breasts, 
thigh. 
directly 
or 
through 
arousing or gratifying sexual 
of causing bodily injury or 
inserting after section 3 the 
'Sec. 4. 17·A MRSA §260 is enacted to read: 
§260. 
Unlawful sexual touching 
1. 
Unlawful 
sexual 
touching. 
A 
person 
is guilty of 
unlawful sexual 
touching if the actor intentionally subjects 
another person to any sexual touching and: 
Page l-LRIOOO(2) 
COMMITTEE AMENDMENT 
~ . • 
~. 
COMMITTEE AMENDMENT .. A 
.. to H.P. 528, L.D. 722 
A. 
The 
other 
person 
has 
not 
expressly 
or 
impliedly 
acquiesced 
in 
the 
sexual 
touching. 
Violation 
of 
this 
paragraph is a Class D crime: 
B. 
The other person is unconscious or otherwise physically 
incapable of resisting and has not consented to the sexual 
touching. 
Violation of this paragraph is a Class D crime: 
C. 
The other person. not the actor's spouse. is in fact 
less than 14 years of age and the actor is at least 5 years 
older. 
Violation of this paragraph is a Class D crime: 
D. 
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 
touching 
involved 
or 
of 
understanding that the other person has the right to deny or 
withdraw consent. 
Violation of this paragraph is a Class D 
crime: 
E. 
The other person. not the actor's spouse. is in official 
custody as a probationer or parolee or is detained in a 
hospital. prison or other institution and the actor has 
superyisory 
or 
disciplinary 
authority 
over 
the 
other 
person. 
Violation of this paragraph is a Class D crime: 
F. 
The other person. not the actor's spouse, is in fact 
less than 18 years of age and is a student enrolled in a 
priyate or public elementary. secondary or special education 
school. facility or institution and the actor is a teacher. 
employee or other official haying instructional, supervisory 
or disciplinary authority over the student. 
Violation of 
this paragraph is a Class D crime: 
G. 
The other person is in fact less than 18 years of age 
and 
the 
actor is 
a 
parent. 
stepparent. 
foster 
parent. 
guardian 
or 
other 
similar 
person 
responsible 
for 
the 
long-term general care and welfare of that other person. 
Violation of this paragraph is a Class D crime: 
H. 
The other person submits as a result of compulsion. 
Violation of this paragraph is a Class D crime: 
I. 
The actor owns. 
operates or is an 
employee of 
an 
organization. 
program 
or 
residence 
that 
is 
operated, 
administered. 
licensed or 
funded 
by 
the 
Department 
of 
Behayioral and Deyelopmental Seryices or the Department of 
Human Services and the other person. not the actor's spouse, 
receives 
seryices 
from 
the 
organization, 
program 
or 
residence 
and 
the 
organization. 
program 
or 
residence 
COMMITTEE AMENDMENT 
~ 
I~ 
COMMITTEE AMENDMENT .. ~. to H.P. 528, L.D. 722 
recognizes 
that 
other 
person 
as 
a 
person 
with 
mental 
retardation. 
It is an affirmative defense to prosecution 
under this paragraph that the actor receives services for 
mental retardation or is a person with mental retardation as 
defined 
in 
Title 
34-B, 
section 
5001, 
subsection 
3. 
Violation of this paragraph is a Class D crime: or 
J. 
The other person. not the actor's spouse. is in fact 
less than 18 years of age and is a student enrolled in a 
private or public elementary. secondary or special education 
school. facility or institution and the actor. who is at 
least 21 years of age. is a 
teacher. 
employee or other 
official in the school district. school union. educational 
unit. schooL facility or institution in which the student 
is enrolled. 
Violation of this paragraph is a 
Class 
E 
crime. ' 
Further amend the bill by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. 
SUMMARY 
This amendment changes the title of the bill and creates the 
new crime of unlawful sexual tOUChing. 
"Sexual touching" means 
any touching of the breasts, buttocks, groin or inner thigh, 
directly or through clothing, for the purpose of arousing or 
gratifying sexual desire or for the purpose of causing bodily 
injury or offensive physical contact. 
The crime of unlawful 
sexual touching is modeled after the current crime of unlawful 
sexual contact. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/1 0103 ~aC!. 
Office of Fiscal and Program Review 
LD722 
An Act To Protect Children 14 and 15 Years of Age from Sexual Contact 
with Adults 
LR 1000(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and judicial Impact Statements 
Establishes Class D and E crimes. 
LR1000(2) - Fiscal Note - Page 1 of 1