An Act To Implement the Recommendations of the Commission To Improve Community Safety and Sex Offender Accountability
Maine Legislature, Session 121, LD 1855
Committee: Criminal Justice and Public Safety
Amends: 17 MRSA §2922, 17 MRSA §2923, 17 MRSA §2924, 17-A MRSA §255-A, 17-A MRSA §256, 17-A MRSA §258, 17-A MRSA §259, 17-A MRSA §511, 17-A MRSA §1152, 17-A MRSA §1202, 17-A MRSA §1203, 17-A MRSA §1231, 17-A MRSA §1252, 34-A MRSA §11203, 34-A MRSA §1, 34-A MRSA §11221, 34-A MRSA §11222, 34-A MRSA §11226, 34-A MRSA §11227, 34-A MRSA §11253

Legislative Document 
No. 1855 
H.P.1380 
House of Representatives, February 17,2004 
An Act To Implement the Recommendations of the Commission To 
Improve Community Safety and Sex Offender Accountability 
Reported by Representative FAIRCLOTH of Bangor for the Commission to Improve 
Community Safety and Sex Offender Accountability pursuant to Resolve 2003, chapter 75, 
section 8 and chapter 101, section 3. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on rec.:yc led paper 
17/~ 
1J7.1Jld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 17 MRSA §2922, sub-§I, as amended by PL 2003, c. 
452, Pt. I, §47 and affected by Pt. X, §2, is further amended to 
read: 
1. 
Offense. A person is guilty of sexual exploitation of a 
minor if: 
A. 
Knowing 
or 
intending 
that 
the 
conduct 
will 
be 
photographed, the person intentionally or knowingly employs, 
solici ts, 
entices, 
persuades, 
uses 
or 
compels 
another 
person, not that person's spouse, who is in fact a minor, to 
engage in sexually explicit conductt-eF. 
Violation of this 
paragraph is a Class B crime; 
A-I. 
The person violates paragraph A and, at the time of 
the offense, has one or more prior convictions for violating 
this sectiont. 
Violation of this paragraph is a Class A 
crime; 
A-2. 
The person violates paragraph A and the minor has not 
in 
fact 
attained 
years 
of 
age. 
Violation of 
this 
paragraph is a Class A crime; 
A-3. 
The person violates paragraph A and, at the time of 
the offense, the person has one or more prior convictions 
for violating this section and the minor has not in fact 
attained 12 years of age. 
Violation of this paragraph is a 
Class A crime; 
B. 
Being a parent, legal guardian or other person having 
care or custody of another personT who is in fact a minor, 
that person knowingly or intentionally permits that minor to 
engage in sexually explicit conduct, 
knowing or intending 
that the conduct will be 
photographedt---e-F--'-._----'-V-=i'""o'-"l'-"a"-'t~l"_'· 
o"'-n""----_o~f 
this paragraph is a Class B crime; 
B-1. 
The person violates paragraph B and the minor has not 
in fact 
attained 
years 
of 
age. 
Violation of 
this 
paragraph is a Class A crime; 
C. 
The person violates paragraph B and, at the time of the 
offense, has one or more prior convictions for violating 
this section. 
Violation of this paragraph is a 
Class A 
crime: or 
Page l-LR2680 (1) 
PL 
D. 
The person violates paragraph B and, at the time of the 
offense, the person has one or more prior convictions for 
violating this section, 
and 
the minor 
has 
not in fact 
attained 12 years of age. 
Violation of this paragraph is a 
Class A crime. 
Sec. A-2. 17 MRSA §2922, sub-§2, 
2003, 
c. 
452, Pt. I, 
§48 and 
as repealed and replaced by 
affected by Pt. X, 
§2, 
is 
repealed. 
Sec. A-3. 17 MRSA §2922, sub-§3 is enacted to read: 
3. 
Mandatory minimum terms of imprisonment. 
The following 
mandatory 
m~nl.mum 
terms 
of 
imprisonment 
apply 
to 
sexual 
exploitation of a minor. 
A. 
A court shall impose upon 
a 
person convicted under 
subsection 1, paragraph A or B a 
sentencing alternative 
involving a term of imprisonment of at least 5 years. 
B. 
A court shall impose 
upon 
a 
person convicted under 
subsection L 
paragraph A-lor C a sentencing alternative 
involving a term of imprisonment of at least 10 years. 
The court may not suspend a minimum term of imprisonment imposed 
under paragraph A or B unless it sets forth in detail, 
in 
writing, 
the reasons for 
suspending the sentence. 
The court 
shall consider the nature and circumstances of the crime, the 
physical and mental well-being of the minor and the history and 
character of the defendant and may only suspend the minimum term 
if it is of the opinion that exceptional features of the case 
justify the imposition of another sentence. 
Title 17-A, section 
9-A governs the 
use of prior convictions when determining a 
sentence. 
Sec. A-4. 17 MRSA §2923, sub-§I, as repealed and replaced by 
PL 2003, c. 452, Pt. I, §49 and affected by Pt. X, §2, is amended 
to read: 
1. 
Offense. 
A 
person 
is 
guilty of 
dissemination 
of 
sexually explicit material if: 
A. 
The person intentionally or knowingly disseminates or 
possesses with intent to disseminate any book, 
magazine, 
print, negative, slide, motion picture, videotape, computer 
data 
file 
or 
other 
mechanically, 
electronically 
or 
chemically reproduced visual image or material that depicts 
any minor, who the person knows or has reason to know is a 
minor, engaging in sexually explicit conductf-9E. 
Violation 
of this paragraph is a Class C crime: 
B. 
The person violates paragraph A and, at the time of the 
offense, has one or more prior convictions for violating 
this section. 
Violation of this paragraph is a 
Class B 
crime; 
C. 
The person intentionally or knowingly disseminates or 
possesses with intent to disseminate any book, 
magazine, 
print, negative, slide, motion picture, videotape, computer 
data 
file 
or 
other 
mechanically, 
electronically 
or 
chemically reproduced visual image or material that depicts 
any minor who is less than 12 years of age, who the person 
knows or has reason to know is a minor less than 12 years of 
age, engaging in 
sexua~xp1icit conduct. 
Violation of 
this paragraph is a Class B crime; or 
D. 
The person violates paragraph C and, at the time of the 
offense, has one or more prior convictions for violating 
this section. 
Violation of this paragraph is a 
Class A 
crime. 
Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
PL 
Sec. A·5. 17 MRSA §2923, sub·§3, 
2003, 
c. 
452, 
Pt. I, 
§50 
and 
repealed. 
as repealed and replaced by 
affected by Pt. 
X, 
§2, is 
Sec. A·6. 17 MRSA §2924, sub·§2.A, as enacted by PL 2003, c. 
452, Pt. I, §52 and affected by Pt. X, §2, is amended to read: 
2-A. 
Offense. 
A person is guilty of possession of sexually 
explicit material if that person: 
A. 
Intentionally 
or 
knowingly 
transports, 
exhibits, 
purchases or possesses any book, magazine, print, negative, 
slide, 
motion picture, 
computer data file, 
videotape or 
other mechanically, electronically or chemically reproduced 
visual image or material that the person knows or should 
know depicts another person engaging in sexually explicit 
conduct, and: 
(1) 
The other person has not in fact attained the age 
of 14 years; or 
(2) 
The person knows or has reason to know that the 
other person has not attained the age of 14 yearsf-e~~ 
Violation of this paragraph is a Class D crime; 
B. 
Violates paragraph A and, at the time of the offense, 
has 
one 
or 
more 
prior 
convictions 
for 
violating 
this 
section. 
Violation of this paragraph is a Class C crime; 
C. 
Intentionally 
or 
knowingly 
transports, 
exhibits, 
purchases or possesses any book, magazine, print, negative, 
slide, 
motion picture, 
computer data file, 
videotape or 
other mechanically, electronically or chemically reproduced 
visual image or material that the person knows or should 
know depicts another person engaging in sexually explicit 
conduct, and: 
(1) 
The other person has not in fact attained 12 years 
of age; or 
(2) 
The person knows or has reason to know that the 
other person has not attained 12 years of age. 
Violation of this paragraph is a Class C crime; or 
D. 
Violates paragraph C and, at the time of the offense, 
has 
one 
or 
more 
prior 
convictions 
for 
violating 
this 
section. 
Violation of this paragraph is a Class B crime. 
Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence. 
Sec. A-7. 17 MRSA §2924, sub-§5, as repealed and replaced by 
PL 
2003, 
c. 
452, 
Pt. 
I, 
§53 
and affected by Pt. 
X, 
§2, is 
repealed. 
Sec. A-S. 17-A MRS A §253, sub-§I, as amended by PL 2001, c. 
383, §14 and affected by §156, is further amended to read: 
1. 
A person is guilty of gross sexual assault if that 
person engages in a sexual act with another person and: 
A. 
The other person submits as a result of compulsion, as 
defined 
in 
section 
251, 
subsection 
1, 
paragraph 
E. 
Violation of this paragraph is a Class A crime; SF 
B. 
The other person, not the actor's 
fact attained the 
age 
of 
years. 
paragraph is a Class A crimeT~ 
spouse, has not in 
Violation of this 
C. 
The other person, not the actor' s spouse, has not in 
fact attained 12 years of age. 
Violation of this paragraph 
is a Class A crime. 
Sec. A-9. 17-A MRSA §255-A, sub-§l, "E-I and F-I are enacted 
to read: 
E-l. 
The other person, not the actor's spouse, is in fact 
less than 12 years of age and the actor is at least 3 years 
older. 
Violation of this paragraph is a Class B crime; 
F-l. 
The other person, not the actor's spouse, is in fact 
less than 12 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 A crime; 
Sec. A-IO. 17-A MRSA §256. sub-§l. as enacted by PL 1995, c. 
72, §1, is amended to read: 
1. 
A person is guilty of visual sexual aggression against a 
child if, for the purpose of arousing or gratifying sexual desire 
or for the purpose of causing affront or alarm, the actor, having 
in fact attained 18 years of age, exposes the actor's genitals to 
another person or causes the other person to expose that person's 
genitals to the actor and the other person, 
not the actor's 
spouse, has not in fact attained 14 years of age. 
Violation of 
this subsection is a Class D crime. 
Sec. A-II. 17-A MRSA §256, sub-§l-A is enacted to read: 
I-A. 
A person is guilty of visual sexual aggression against 
a 
child if, for the purpose of arousing or gratifying sexual 
desire or for the purpose of causing affront or alarm, the actor, 
having in fact attained 18 years of age, 
exposes the actor's 
genitals to another person or causes the other person to expose 
that person's genitals to the actor and the other person, not the 
actor's 
spouse, 
has 
not 
in fact attained 
years 
of 
age. 
Violation of this subsection is a Class C crime. 
Sec. A-12. 17-A MRSA §256. sub-§2, as enacted by PL 1995, c. 
72, §1, is repealed. 
Sec. A-13. 17-A MRSA §258. sub-§l. as enacted by PL 1997, c. 
143, §1, is amended to read: 
1. 
A person is guilty of sexual misconduct with a child 
under 14 years of age if that person, having in fact attained 18 
years of ageL knowingly displays any sexually explicit materials 
to another person, not the actor's spouse, who has not in fact 
attained the age of 14 years, with the intent to encourage the 
other person 
to 
engage 
in 
a 
sexual 
act or 
sexual 
contact. 
Violation of this subsection is a Class D crime. 
Sec. A-14. 17-A MRSA §258. sub-§l-A is enacted to read: 
I A. 
A person is guilty of sexual misconduct with a child 
under 12 years of age if that person, having in fact attained 18 
years of age, knowingly displays any sexually explicit materials 
to another person, not the actor's spouse, who has not in fact 
attained 12 years of age, with the intent to encourage the other 
person to engage in a sexual act or sexual contact. 
Violation of 
this subsection is a Class C crime. 
Sec. A·15. 17·A MRSA §258, sub·§3, as enacted by PL 1997, c. 
143, §1, is repealed. 
Sec. A·16. 17·A MRSA §259, sub·§I.A, as enacted by PL 2001, c. 
383, §25 and affected by §156, is amended to read: 
I-A. 
A person is guilty of soliciting a child by a computer 
to commit a prohibited act if: 
A. 
The actor: 
( 1) 
Uses 
persuade 
actor; 
or 
a 
computer 
knowingly 
to solicit, 
entice, 
compel another person to meet with the 
(2) 
Is at least 16 years of age; 
(3) 
Knows or believes that the other person is less 
than 14 years of age; and 
(4) 
Is at least 3 years older than the expressed age 
of the other person; and 
B. 
The actor has the intent to engage in anyone of the 
following prohibited acts with the other person: 
(1) 
A sexual act as defined in section 251, subsection 
1, paragraph C; 
(2) 
Sexual 
contact 
as 
defined 
in 
section 
251, 
subsection 1, paragraph D; or 
(3) 
Sexual exploitation of a minor pursuant to Ti tIe 
17, section 
2922. 
Violation of this subsection is a Class D crime. 
Sec. A·17. 17·A MRSA §259, sub·§I·B is enacted to read: 
I-B. 
A person is guilty of soliciting a child by a computer 
to commit a prohibited act if: 
A. 
The actor: 
(1) 
Uses 
a 
computer 
knowingly to solicit, entice, 
persuade or compel another person to meet with the 
actor; 
(2) 
Is at least 16 years of age; 
(3) 
Knows or believes that the other person is less 
than 12 years of age; and 
(4) 
Is at least 3 years older than the expressed age 
of the other person; and 
B. 
The actor has the intent to engage in anyone of the 
following prohibited acts with the other person: 
(1) 
A sexual act as defined in section 251, subsection 
1, paragraph C; 
(2) 
Sexual 
contact 
as 
defined 
in 
section 
251, 
subsection 1, paragraph D; or 
(3) 
SeJ:tual exploitation of a minor pursuant to Title 
17, section 
2922. 
Violation of this subsection is a Class C crime. 
Sec. A-IS. 17-A MRSA §259, sub-§3, as enacted by PL 1999, c. 
349, §3, is repealed. 
Sec. A-19. 17-A MRSA §511, sub-§l, as amended by PL 1997, c. 
467, §l, is further amended to read: 
1. 
A person is guilty of violation of privacy if, except in 
the execution of a public duty or as authorized by law, that 
person intentionally: 
A. 
Commits a civil trespass on property with the intent to 
overhear 
or 
observe 
any 
person 
in 
a 
private 
placet~ 
Violation of this paragraph is a Class D crime; 
B. 
Installs or uses in a private place without 
of the person or persons entitled to privacy in 
any 
device 
for 
observing, 
photographing, 
amplifying or broadcasting sounds or events in 
Violation of this paragraph is a Class D crime; 
the consent 
that place, 
recording, 
that placet~ 
C. 
Installs or uses outside a private place without the 
consent 
of 
the 
person 
or 
persons 
entitled 
to 
privacy 
therein, any device for hearing, recording, amplifying or 
broadcasting sounds originating in that place that would not 
ordinarily be audible or comprehensible outside that placef 
at. 
Violation of this paragraph is a Class D crime; 
D. 
Engages in visual surveillance in a 
public place by 
means of mechanical or electronic equipment with the intent 
to observe or photograph, or record, amplify or broadcast an 
image of any portion of the body of another person present 
in that place when that portion of the body is in fact 
concealed from public view under clothing and a reasonable 
person 
would 
expect it to 
be 
safe 
from 
surveillance. 
Violation of this paragraph is a Class D crime; or 
E. 
Violates paragraph Band the person or persons entitled 
to 
privacy 
in that place 
are 
under 
years 
of 
age. 
Violation of this paragraph is a Class C crime. 
Sec. A-20. 17-A MRSA §511, sub-§3, as enacted by PL 1975, c. 
499, §1, is repealed. 
Sec. A-21. 17-A MRSA §1152, sub-§2-C, as amended by PL 200l, 
c. 439, Pt. 000, §2, is further amended to read: 
2-C. 
As--par-t.--ef At the time the court imposes a sentence, 
the court shall order every natural person wae-is-a convicted seH 
effeaaet--<rr--seH17.ally--v-i<r1€-nt---EH:eaat;etr of a 
sex offense or a 
sexually violent offense as defined under Title 34-A, 
section 
11203 to satisfy all requirements set forth in the Sex Offender 
Registration and Notification Act of 1999. 
Sec. A-22. 17-A MRSA §1202, sub-§l-A, 1fA, as enacted by PL 
1999, c. 788, §2, is repealed and the following enacted in its 
place: 
A. 
If the State pleads and proves that at the time of the 
crime the victim had not attained 12 years of age, 
the 
period of probation for a person convicted under chapter 11 
or Title 17, chapter 93-B may not exceed: 
(1) 
Eighteen years for a Class A crime; 
(2) 
Twelve years for a Class B crime; and 
(3) 
Six years for a Class C crime; 
Sec. A-23. 17-A MRSA §1202, sub-§l-A, 1fB, as enacted by PL 
1999, c. 788, §2, is amended to read: 
B. 
The period of probation for a person sentenced as 
a 
eaR~eF9~s repeat sexual assault offender pursuant to section 
1252, subsection 4-B is any term of yearsT; and 
Sec. A-24. 17-A MRSA §1202, sub-§l-A.1JC is enacted to read: 
C. 
The period of probation for a person sentenced under 
section 1252, subsection 5-C may not exceed 18 years. 
Sec. A-25. 17-A MRSA §1203. sub-§l-A, 1JB. as enacted by PL 
1999, c. 788, §4, is amended to read: 
B. 
The court may revoke probation if, during the initial 
unsuspended portion of the term of imprisonment, 
a person 
sentenced as 
a 
eaR~e~9YS repeat sexual assault offender, 
pursuant 
to 
section 
1252, 
subsection 
4-B, 
refuses 
to 
actively participate in a sex offender treatment program in 
accordance 
with 
the 
expectations 
and 
judgment 
of 
the 
treatment 
providers, 
when 
requested 
to 
do 
so 
by 
the 
Department of Corrections. 
Sec. A-26. 17-A MRSA §1231, sub-§2, 1JA, as enacted by PL 1999, 
c. 788, §7, is amended to read: 
A. 
Any 
period of 
years 
for 
a 
person 
sentenced 
as 
a 
eaR~eF9YS repeat sexual assault offender pursuant to section 
1252, subsection 4-B; and 
Sec. A-27. 17-A MRSA §1252, sub-§4-B, as enacted by PL 1999, 
c. 788, §8, is amended to read: 
4-8. 
If the State pleads and proves that the defendant is a 
eaR~e~9~s 
repeat 
sexual 
assault 
offender, 
the 
court, 
notwithstanding 
subsection 
2, 
may 
set 
a 
definite period of 
imprisonment for any term of years. 
A. 
As 
used 
in this 
section, 
"eaR~eF9~s repeat 
sexual 
assault offender" means a person who commits a 
new gross 
sexual assault after having been convicted previously and 
sentenced for any of the following: 
(1) 
Gross 
sexual 
assault, 
formerly 
denominated 
as 
gross sexual misconduct; 
(2) 
Rape; 
(3) 
Attempted murder accompanied by sexual assault; 
(4) 
Murder accompanied by sexual assault; or 
read: 
(5) 
Conduct substantially similar to a crime listed in 
subparagraph (1), (2), (3) or (4) that is a crime under 
the laws of the United States or any other state. 
The date of sentencing is the date of the oral pronouncement 
of the sentence by the trial court, even if an appeal is 
taken. 
B. 
"Accompanied by sexual assault" as used with respect to 
attempted murder, murder and crimes involving substantially 
similar conduct in other jurisdictions is satisfied if the 
sentencing court at the time of sentence imposition makes 
such a finding. 
Sec. A·28. 17·A MRSA §12S2, sub.§§S·C and S·D are enacted to 
5-C. 
In using a sentencing alternative involving a term of 
imprisonment for a person convicted of a Class A crime of gross 
sexual assault who, 
at the time the crime was committed, 
had 
previously been convicted and sentenced for a Class B or Class C 
crime of unlawful sexual contact, or an essentially similar crime 
in another jurisdiction, the court may impose a maximum period of 
incarceration in excess of 20 years based on the prior conviction 
alone. 
5-D. 
In using a sen_tencing alternative involving a term of 
imprisonment for a person convicted under section 253, subsection 
1, paragraph C or Title 17, section 2922, subsection 1, paragraph 
11.-2, 
11.-3, 
B-1 or D, 
the court may impose a maximum period of 
incarceration in excess of 20 years based on the fact that the 
victim had not attained 12 years of age. 
PARTB 
Sec. B·1. 34·A MRSA §11201, as amended by PL 2001, c. 439, 
Pt. 000, §6, is further amended to read: 
§11201. 
Short title 
This chapter may be known and cited as the "Sex Offender 
Registration and Notification Act of 1999." 
The purpose of this 
chapter is to protect the public from potentially dangerous seH 
e~~eaae£s-~£~~~~~~~~~-pFeaa~e£s registrants by enhancing 
access 
to 
information 
concerning 
seH--e~~eaae£s--aaa--seH~a±±y 
vie±ea~-p£eaa~e£s registrants. 
Sec. B·2. 34·A MRSA §11202, as amended by PL 2001, c. 439, 
Pt. 000, §7, is repealed and the following enacted in its place: 
§11202. 
Application 
This 
chapter applies 
to 
a 
person defined as 
a 
10-year 
registrant or lifetime registrant who has been sentenced on or 
after June 30. 1992. 
Sec. B·3. 34·A MRSA §11203, sub-§§I-A and I-B, as enacted by 
PL 2001, c. 439, Pt. 000, §8, are amended to read: 
I-A. 
Conditional 
release. 
"Conditional 
release" 
means 
supervised release of a 
seH-effeaee£-~-~~~-~1&~~~-pFeeaEeF 
registrant 
from 
institutional 
confinement 
for 
placement 
on 
probation. 
parole, 
intensive superV1Slon, 
supervised community 
confinement, home release monitoring or release under Title 15, 
section 104-A or Title 17-A, chapter 50. 
I-B. 
Discharge. 
"Discharge" 
means 
unconditional 
release 
and discharge of a 
seH--{)-f..E-e-nde-r"--e£--&e-lHi,a],.],.y--v-i~-en-t--FFeeat;eF 
registrant from institutional confinement upon the expiration of 
a sentence or upon discharge under Title 15, section 104-A. 
Sec. B·4. 34-A MRSA §11203, sub-§§I-C and 3-A are enacted to 
read: 
I-C. 
Another state. 
"Another state" means each of the 
several 
states 
except 
Maine, 
the District of 
Columbia, 
the 
Commonwealth of Puerto Rico, 
the U.S. 
Virgin Islands. 
Guam. 
American Samoa and the Northern Mariana Islands. 
3-A. 
Jurisdiction. 
"Jurisdiction" 
means 
the 
Federal 
Government. including the military. this State or another state 
or tribe. 
Sec. B-5. 34-A MRSA §11203, sub-§4, as enacted by PL 1999, c. 
437, §2, is amended to read: 
4. 
Law 
enforcement 
agency 
having 
jurisdiction. 
"Law 
enforcement agency having jurisdiction" means the chief of police 
in the municipality where a seH-effeaeeF registrant expects to be 
or is domiciled. 
If the municipality does not have a chief of 
police, "law enforcement agency having jurisdiction" means the 
sheriff of the county weFe where the municipality is located. 
"Law 
enforcement 
agency 
having 
jurisdiction" 
also 
means 
the 
sheriff of the county in an unorganized territory. 
Sec. B-6. 34·A MRSA §11203, sub-§4.A, as enacted by PL 2001, 
c. 439, Pt. 000, §8, is amended to read: 
Page ll-LR2680(1) 
4-A. 
Risk 
assessment 
instrument. 
"Risk 
assessment 
instrument" means an instrument created and modified as necessary 
by reviewing and analyzing precursors to a sex offense, victim 
populations 
of 
a 
seH--e~~eRaeF--eF--SeHQa**y--v~e*eRE--pFeaaEeF 
registrant, living conditions and environment of a 
seH-~.f.feRael' 
eF--~~~~~-~~~~--pFeaaEeF registrant 
and 
other 
factors 
predisposing 
a 
person 
to 
become 
a 
seH--e~~eRael'T--FepeaE--seH 
9~'eRQeF-9F-SeHQa**y-v49*eRE-pl'eaaEeF registrant, for the ongoing 
purpose of identifying risk factors used to provide notification 
of a 
seH--&f-t-en{ie..r-I-5-~F---SeKtl.a-l-ly-~io-1en-t;--pl'eaaEeF..!.s registrant I s 
conditional 
release 
or 
discharge 
from 
a 
state 
correctional 
facility to law enforcement agencies and to the public. 
Sec. B-7. 34-A MRSA §11203, sub-§4-C is enacted to read: 
4-C. 
Registrant. 
"Registrant" means a la-year registrant 
or a lifetime registrant or, when appropriate, both a la-year 
registrant and a lifetime registrant. 
Sec. B-S. 34-A MRSA §1l203, sub-§5, as amended by PL 2003, c. 
371, §l, is further amended to read: 
5. 
Ten-year registrant. 
"SeH-9t"t"eaael' Ten-year registrant" 
means 
a person who is an adult convicted and sentenced or a 
juvenile convicted and sentenced as an adult of a sex offense. 
Sec. B-9. 34-A MRSA §11203. sub-§§6, ,B, as amended by PL 
2001, c. 383, §153 and affected by §156 and amended by c. 439, 
Pt. 000, §9, is repealed and the following enacted in its place: 
a. 
A violation under Title 17-A, section 253, subsection 2, 
paragraph E, 
F, 
G, 
H, 
I 
or J; Title l7-A, section 254; 
former Title 17 -A, section 255, subsection }, paragraph A, 
a, D, 
E, F, 
I or J if the crime was not elevated a class 
under former Title l7-A, section 255, subsection 3; Title 
17-A, section 255-A, subsection I. paragraph A, a, c, G, I, 
J, K, L, M, N, 0, R, S or T; Title l7-A, section 256; Title 
l7-A, 
section 258; Title l7-A, 
section 259; Title l7-A, 
section 301; Title l7-A, section 302; Title l7-A, section 
51}, 
subsection }, paragraph D; Title 17-A, section 556; 
Title 17-A, section 852, subsection 1, paragraph a; or Title 
17-A, section 855; or 
Sec. B-10. 34-A MRSA §11203, sub-§7, ,A, as 
amended by PL 
2001, c. 553, §3 and affected by §10, is further amended to read: 
A. 
A conviction for one of the offenses or for an attempt 
to commit 
one of the offenses under former Title 17-A, 
section 252; under Title 17-A, section 253, subsection 1; 
Title l7-A, section 253, subsection 2, paragraph A, B, C or 
D; former Title 17-A, section 255, subsection 1, paragraph C 
or H or paragraph A, B, D, E, F, G, I or J if the crime was 
elevated 
a 
class 
under Title 17-A, 
former 
section 
255, 
subsection 3; or Title 17 -A, section 255-A, subsection 1, 
paragraph bT D, E, F, bT H, 0 or P; or 
Sec. 8·11. 34·A MRSA §11203, sub·§8, as amended by PL 2003, c. 
371, §3, is further amended to read: 
8. 
Lifetime 
registrant. 
"SeH\,laJJy---.... i,e;!,eRt=---~Feelat;e~ 
Lifetime registrant" means a 
person who is an adult convicted 
and sentenced or a juvenile convicted and sentenced as an adult 
of a: 
A. 
Sexually violent offense; or 
B. 
Sex offense when the person has a prior conviction for 
or 
an 
attempt 
to 
commit 
an 
offense 
that 
includes 
the 
essential elements of 
a 
sex offense or sexually violent 
offense. 
Sec. 8·12. 34·A MRSA §11203, sub·§9 is enacted to read: 
9. 
Tribe. 
"Tribe" means the Passamaquoddy Tribe or the 
Penobscot Nation. 
Sec. 8·13. 34·A MRSA §11221, sub·§I, "A and F, as enacted by 
PL 1999, c. 437, §2, are amended to read: 
A. 
The 
seH--e~~e£~e~~~--~--~~~--~1&~&&--~Feelat;e~~s 
~strant's name, 
aliases, 
date 
of 
birth, 
sex, 
race, 
height, weight, eye color, mailing address, home address or 
expected domicile; 
F. 
A description of the offense for which the 
seH-effeRele~ 
eF-~-ua-l-:l-y--~1o-l-en-t:,--IH,eelate~ registrant was convicted, the 
date of conviction and the sentence imposed; and 
Sec. 8·14. 34·A MRSA §11221, sub.§2, as enacted by PL 1999, c. 
437, §2, is amended to read: 
2. 
National or regional registry. 
The bureau is authorized 
to 
make 
the 
registry available to 
and 
accept files 
from 
a 
national or regional registry of seH-«.f-e£ae£s registrants for 
the purpose of sharing information. 
Sec. 8·15. 34·A MRSA §11221, sub·§6, as repealed and replaced 
by PL 2003, c. 371, §6, is amended to read: 
Page l3-LR2680(1) 
6. 
Distribution of 
information 
to 
department 
and 
law 
enforcement agencies. 
The bureau shall distribute information 
described in subsection 1 to the department and law enforcement 
agencies having jurisdiction over the address and location of the 
seH--~~~~~--&~--5e~~a~~y--~~~--~FeQa~eF~S registrant's 
domicile, 
place 
of 
employment 
and 
college 
or 
school 
being 
attended. 
Sec. B-16. 34-A MRSA §11221, sub-§§9 and 10, as enacted by PL 
2003, c. 371, §7, are amended to read: 
9. 
Public access to information. 
The bureau shall provide 
information to the public as follows. 
A. 
The 
bureau shall post 
on 
the 
Internet 
for 
public 
inspection 
the 
following 
information 
concerning 
a 
seH 
eEEeBQeF-eF-seH~a~~y-vie~eB~-~FeQa~eF registrant: 
(1) 
The 
seH-~~~e£~e~~5-~-~~~-v1~~a~-~EeQa~eE~S 
registrant's 
name, date of birth and photograph: 
(2) 
The 
seH-~~~e£~e~~5-~-~~~-v~~a~-~EeQa~e£~s 
registrant's city or town of domicile: 
(3) 
The 
seH-~~e£~e~~5-~-~~~~-v1~~ea~-~EeQa~eE~S 
registrant's 
place of employment and college or school 
being attended, if applicable, 
and the corresponding 
address and location: and 
(4) 
The statutory citation and name of the offense for 
which the 
seH--&~fen4e~-~--~~~~~-v4e1eB~--~FeQa~e£ 
registrant was convicted. 
B. 
Upon receiving a written request that includes the name 
and date of birth of a 
seH--o-f...;f-endei:--eE--&e*Ua-~1y--v4e±eB~ 
~FeQa~eF registrant, the bureau shall provide the following 
information concerning a 
seH--o-f...;f~--eE--&e*Ua-~1y--vie±eB~ 
~FeQa~eF registrant to the requestor: 
(1) 
The 
seH-~~e£~e~~5-~-~~~~-v1~~ea~-~EeQa~e£~s 
registrant's 
name, aliases, date of birth, sex, race, 
height, 
weight, 
eye color, mailing address and home 
address or domicile: 
(2) 
The 
seH-~~e£~e~~5-~-~~~-v~~a~-~EeQa~eE~S 
registrant's 
place of employment and college or school 
being attended, if applicable, 
and the corresponding 
address and location; 
Page l4-LR2680(1) 
(3) 
A. description of the offense for which the seH 
e~~eBQeE-~~-~..J-y--:v.ieJ.€B~--pFeQat.el:' registrant was 
convicted, 
the date of conviction and 
the 
sentence 
imposed; and 
(4) 
The 
SeH-~~€B4€~~6-~-~~~~-¥i~~R~-pEeaaEel:'~S 
registrant's 
photograph. 
10. 
Reqistrant access to 
16, 
section 
620, 
the 
bureau 
described in subsection 1 to a 
pl:'eaat.9F registrant who requests 
information. 
Pursuant to Ti tIe 
shall 
provide 
all 
information 
SeH-~~€B4€~-~--~~~~~~-:V~9±eHE 
that person's own information. 
Sec. B-17. 34-A MRSA §11222, as amended by PL 2003, c. 371, 
§§8 to 10, are further amended to read: 
§11222. 
Duty of reqistrant 
1. 
Determination by court. 
The court shall determine at 
the time of sentencing if a defendant is a seH-e.f.feHael:' 10-year 
registrant or a-6eHQa±±y-:vi9±eHE-p~eaaE91:' lifetime registrant. 
A. 
person 
who 
the 
court 
determines 
is 
a 
seH--9EEeHael:' 
10-year 
registrant or 
a-~~~~-~~~--pFeaat.9F lifetime registrant 
shall register according to this subchapter. 
I-A. 
When duty to register must be exercised. 
Following 
determination by the court under subsection 1, a seH-9£EeHaeF-91:' 
a-seHQally-v~91eHE-pl:'eaaE91:' registrant shall register as follows. 
A.. 
If 
the 
seH--e.f.f€B4€~--~--~~~--¥~~R~--pl:'eaat.91:' 
registrant is sentenced to a wholly suspended sentence with 
probation 
or 
to 
a 
punishment 
alternative 
not 
involving 
imprisonment, the duty to register is triggered at the time 
the person 
commences 
an actual execution of 
the wholly 
suspended sentence or at the time of sentence imposition 
when 
no 
punishment alternative involving 
imprisonment is 
imposed, unless the court orders a stay of execution, in 
which event the duty is triggered by the termination of the 
stay. 
B. 
If 
the 
seH--e.f.f€B4€~--~--~~~--~~~a~--pFeaat.9F 
registrant is sentenced to a straight term of imprisonment 
or to a split sentence, the duty to register is triggered by 
discharge or conditional release. 
C. 
If 
the 
seH--e.f.f€B4€~--~--~~~--~~~R~--pFeaat.91:' 
registrant is committed under Title 15, section 103, 
the 
duty to register is triggered by discharge or conditional 
release under Title 15, section 104-A.. 
2. 
Responsibility of ensurinq initial reqistration. 
The 
department, the county jailor the state mental health institute 
that has custody of a 
seH--€I-4:.f-e-nde-r---G-I'--6eH~a.J..J.y- ....... iQ..l-e-n-t--pFeEias9F 
registrant 
required 
to 
register 
under 
this 
subchapter 
shall 
inform the 
seH-e~~e~Qe~-~-~~~-¥~~eat;-pFeEiat;9F registrant, 
prior 
to 
discharge 
or 
conditional 
release, 
of 
the 
duty 
to 
register. 
If 
a 
seH--e~~e~~e~--~--~~~--¥~~at;--pFeEiae9F 
registrant does not serve a period of institutional confinement, 
the court shall inform the 
seH---G-~BeaGeI'--~--~~~~~y--vi9±eae 
pFeEiae9F registrant at the time of sentencing of the duty to 
register. 
The 
department, 
county jail, 
state mental 
health 
institute or court shall: 
A. 
Inform 
registrant 
information 
the seH - -o-E.-E-ende-r- - e~- -&elf1*a~l-y- - -¥i~-en-t- - pFeEiae9 F 
of 
the 
duty 
to 
register 
and 
obtain 
the 
required for the initial registration; 
B. 
Inform the 
seH--o-f-E-ende-r--e~--&elf1*a~~y---¥i~-e-nt--pFeEias9F 
registrant that if the 
seH---G-~BeaGeI'--~--~e~~a~~y--vi9±eae 
pFeEias9F registrant changes domicile, place of employment or 
college or 
school 
being 
attended, 
the 
seH--9~~eaEieF--9F 
seH~a±~y--vi9±eae--pFeEiae9F registrant shall give 
the 
new 
address to the bureau in writing within 10 days; 
C. 
Inform the 
SeH--o-E.-E-ende-r--e~--&elf1*a~~y---¥i~-e-nt--pFeEiae9F 
registrant that if that 
seH--o-E.-Beade-I'--~--6eH~a.J..J.y--vi-91e:al= 
pFeEiae9F registrant changes domicile to another state, the 
seH-~-t-e-nde-r- --G-I'--~e~~a.J..J.y--¥-.i,.{)..l-e-n-t-- pFeEiae9F regi s tr ant shall 
register the new address with the bureau and if the new 
state has a registration requirement, the 
seH-~-t-ende-r"--9F 
seH~a±±y--¥i-o-1e-nt--pFeEiae9F registrant shall register with a 
designated law enforcement agency in the new state not later 
than 10 days after establishing domicile in the new state; 
D. 
Inform the 
SeH--o-E.-E-ende-r--e~--&elf1*a~~y---¥i~-en-t--pFeEiae9F 
registrant that if that 
seH--o-E.-Beade-I'--~--6eH~a.J..J.y--vi-91e:ae 
pFeEiae9F registrant has part-time or full-time employment in 
another state, with or without compensation, for more than 
consecutive days or for an aggregate period exceeding 30 
days in a calendar year or if that seH-e.f~~--o-~-&eHyally 
vi9±e:as-pFeEiae9F registrant enrolls in any type of school in 
another state on a part-time or full-time basis, the seH 
9~~eaEieF-~-~~~-¥~~at;-pFeEias9F registrant shall give 
the bureau the registrant's place of employment or school to 
be attended in writing within 10 days after beginning work 
or 
attending 
school 
and 
if 
the 
other 
state 
has 
a 
registration requirement, shall register with the designated 
law enforcement agency in the other state; 
E. 
Obtain fingerprints and a photograph of the se*-effeRae~ 
eF--s-e-:lffia-l-l-y--...,..,i-EH.-en-t--p~eaate~ registrant or the court may 
order 
the 
seH--~~~---~~--6eK~a~~y--~~~--pFeaate~ 
registrant to submit to the taking of fingerprints and a 
photograph at a specified law enforcement agency within 3 
days if the fingerprints and photograph have not already 
been 
obtained 
in 
connection 
with 
the 
offense 
that 
necessitates registration; and 
F. 
Enforce 
the 
requirement 
that 
the 
seH--effeRae~--e~ 
seHl:I.aJ,J,y--v-i-o-1en-t--pFeaate~ registrant read and sign a 
form 
provided by the bureau that states that the duty of the seH 
effeRae!'-~-~~l~-~~~~~-p!'eaate~ registrant to register 
under this section has been explained. 
2-A. 
Duty of registrant sentenced from June 30, 
1992 to 
September 17, 1999 to register. 
Notwithstanding subsection 1 and 
except as provided in subsection 2-B, a person coming within the 
definition of a 10-year registrant or lifetime registrant who has 
been sentenced on or after June 30, 1992 but before September 18, 
1999 
for 
a 
sex offense or 
a 
sexually violent offense shall 
register either as a 
SeH--B-E-E-eSae!' 10-year registrant or as--a 
seHl:I.a±ly--vieJ,eRt--pFeaate~ 
lifetime 
registrant, 
whichever 
is 
applicable, with the bureau by September 1, 2002 if the duty to 
register has been triggered under subsection I-A, paragraph A, 
B 
or C, unless sooner notified in writing of a duty to register 
under subsection I-A, paragraph A, 
B or C by the bureau, the 
department or a law enforcement officer, in which case the person 
shall register with the bureau within 10 days of notice. 
2-B. 
Duty 
to 
register 
for 
new 
crimes. 
For 
a 
person 
otherwise subject to subsection 2-A who has been sentenced for a 
crime added by an amendment to the definition of sex offense or 
sexually violent offense in section 11203 
since September 
1, 
2002, if the duty to register has been triggered under subsection 
l-A, paragraph A, B or C, that person shall register as a lO-year 
registrant or 
a 
lifetime registrant, whichever is applicable, 
with the bureau by June 1, 
2005, 
unless 
sooner notified in 
writing of a duty to register under subsection I-A, paragraph A, 
B or 
C by the bureau, 
the department or 
a 
law enforcement 
officer, in which case the person shall register with the bureau 
within 10 days of notice. 
3. 
Transfer of initial registration information to bureau 
and 
FBI. 
The 
department, 
county 
jail, 
state 
mental 
health 
insti tute or court wi thin 3 days of receipt of the information 
described in subsection 2 shall forward the information to the 
bureau. 
If the court orders the seH-effeRaeF-eF-5eHl:I.aJ.J.y-vieJ.eRt 
p~eaateF registrant to submit to the taking of fingerprints and a 
photograph 
at 
a 
specified 
law 
enforcement 
agency, 
the 
law 
enforcement agency shall submit the fingerprints and photograph 
to the bureau within 3 days. 
The bureau shall immediately enter 
the information into the registration system, 
notify the 
law 
enforcement agency having jurisdiction where the seK-~~~-9F 
seKQally-vieleBE-~~eaaEeF registrant expects to be domiciled and 
transmit the information to the FBI for inclusion in the national 
FBI sex offender database. 
4. 
Verification. 
During 
the period 
a 
seK--e~~eBaeF--eF 
seKQally-vieleBE-~FeaateF registrant is required to register, the 
bureau 
shall 
verify 
a 
seK--~~~€£~€~2£--~---~~~~~y--vieleBE 
pFeaateF.!.s registrant's domicile. 
The bureau shall verify the 
domicile of a 
se*-e~~eBaeF 10-year registrant on each anniversary 
of the 
seK-.g.£~€BaeF.!.s 10-year registrant's initial registration 
date and shall verify a 
seKQally-~~l~--~~eaateF.!.s lifetime 
registrant's domicile every 90 days after that seKQally-v.,ieleBt 
pFeaaEeF.!.s 
lifetime 
registrant's 
initial 
registration 
date. 
Verification of the domicile of a seK-effeBaeF 10-year registrant 
or seKQally- ........ i-o-1ent:--pFeaaEeF lifetime registrant occurs as set 
out in this subsection. 
A. 
At least 10 days prior to the required verification 
date, 
the bureau shall mail 
a 
nonforwardable veFfieaEieB 
verification form to the last reported mailing address of 
the seK-effeBaeF-eF-seKQally-vieleBE-pFeaaEeF registrant. 
B. 
The verification form must state that the 
seH-~.f.feBaeF 
eF-6eKQally-vieleBE-~FeaateF registrant still resides at the 
address last reported to the bureau. 
C. 
The seH-e.f.feBe€~-~-~~~-~~~B~-pFeaaEeF registrant 
shall take the completed verification form and a photograph 
to the law enforcement agency having jurisdiction within 10 
days of receipt of the form. 
D. 
The 
law enforcement agency having jurisdiction shall 
verify the 
seH-~~~BG&~~&-~--£~~~~-v.,ieJeBt--pFeaaEeF.!.s 
registrant's identity, 
have the 
seH-~~~~-~--seKQally 
vieleBE-pFeaaEeF registrant sign the verification form, take 
the 
seH---9ffeBaeF.!.s---eF---seHQally---vieleBE---pFeaaE9F.!.s 
registrant's 
fingerprints, 
complete 
the 
law 
enforcement 
portion of the verification form and immediately forward the 
fingerprints, photograph and form to the bureau. 
5. 
Change of domicile, place of employment or college or 
school 
being 
attended. 
A 
seH--effeBaeF--eF--seHQally--vieleBE 
pFeaaEeF registrant shall notify the bureau in writing of 
a 
change of domicile, place of employment or college or school 
being attended within 10 days after that change. 
A. 
If 
the 
seH--e~~€B~€~--~--~~~--~~~&~--pFeaa~eF 
registrant establishes a new domicile, place of employment 
or college or school being attended in the State, the bureau 
shall notify, within 3 days, both the law enforcement agency 
having 
jurisdiction where 
the 
seH--e€€eBaeF--eF--seH~a±±y 
v~e±eB~-preaateF registrant was formerly domiciled, employed 
or 
enrolled 
and 
the 
law 
enforcement 
agency 
having 
jurisdiction where 
the 
seH-~~8&ad&r-~--~~~~~y--yie±eBt 
p~eaateF registrant is 
currently domiciled, 
employed 
or 
enrolled. 
B. 
If 
the 
seH--e~~€B~€~--~--~~~--~~~&~--pFeaate~ 
registrant establishes a domicile, place of employment or 
college or 
school 
being attended in another state, 
the 
bureau shall notify, within 3 days, 
the law enforcement 
agency 
having 
jurisdiction 
where 
the 
seH--«-f-e-ndEH----eF 
seH~ally-y~eleBt~p£eaater registrant was formerly domiciled, 
employed or enrolled and the law enforcement agency having 
jurisdiction where 
the 
seH-~~8&ad&r-~--~~~~~~y--yieleBt 
p~eaa~e~ registrant is 
currently domiciled, 
employed 
or 
enrolled. 
For purposes of registration requirements pursuant to this 
subchapter, convictions that result from or are connected with 
the same act or result from offenses committed at the same time 
are considered as one conviction. 
Sec. B-18. 34-A MRSA §§11223 and 11224, as amended by 
PL 
2003, c. 371, §ll, are further amended to read: 
§11223. 
Duty of person establishing domicile to register 
A person required under another jurisdiction to register 
pursuant to that jurisdiction's sex offender registration statute 
or, if not so required, who 
~s has been convicted and sentenced 
for an offense that includes the essential elements of a 
sex 
offense 
or 
sexually 
violent 
offense 
~aa~--~l~--£e~~ire 
Fe~~s~~a~ieB-~-~~~--State shall register as 
a 
seH--e~~eBae~ 
10-year 
registrant 
or 
seH~al±y--~~l~---preaater 
lifetime 
registrant, 
whichever 
is 
applicable, 
within 
days 
of 
establishing domicile in this State. 
The person shall contact 
the bureau, which shall provide the person with the registration 
form and direct the person to take the form and a photograph of 
the person to the law enforcement agency having jurisdiction. 
The law enforcement agency shall supervise the completion of the 
form, take the person's fingerprints and immediately forward the 
form, photograph and fingerprints to the bureau. 
§11224. 
Duty of person employed or attending college or school to 
register 
A person who 
is 
required under 
another 
jurisdiction to 
register 
pursuant 
to 
that 
jurisdiction's 
sex 
offender 
registration statute because the person is domiciled in another 
state or, if not so required, 
who is has been convicted- and 
sentenced for an offense that includes the essential elements of 
a 
sex offense or sexually violent offense 
tRat--wou-kl--~e~l:li!'e 
!'e~istFat19a--~-~~~--6tate shall register as 
a 
seH--9ffeaaer 
10-year 
registrant 
or 
seHl:lally--~~l~---~~eaate!' 
lifetime 
registrant, whichever is applicable, within 10 days of beginning 
full-time or part-time employment, with or without compensation, 
for more than 14 consecutive days or for an aggregate period 
exceeding 30 days in a 
calendar year or beginning college or 
school on a full-time or part-time basis in this State. 
The 
person shall contact the bureau, which shall provide the person 
wi th a registration form and direct the person to take the form 
and a photograph of the person to the law enforcement agency 
having jurisdiction. 
The law enforcement agency shall supervise 
the completion of the form, take the person's fingerprints and 
immediately forward the form, photograph and fingerprints to the 
bureau. 
Sec. B-19. 34-A MRS A §11225, as amended by PL 2001, c. 553, 
§§7 and 8, is further amended to read: 
§11225. 
Duration of registration 
1. 
Ten-year 
registrant. 
A 
seH--e~~enaer person 
coming 
within the definition of a 10-year registrant shall register for 
a 
period of 
years 
from 
the initial date of registration 
pursuant to this chapter, 
except that a 
seH--&ffenaer 10-year 
registrant required to register because 
tRe--&e*--e~~eBaer that 
registrant established a 
domicile in this State subsequent to 
being aeelaFea-a-seH-e~~enaer-in required to register pursuant to 
another state--o-r--I:lnaer--ano-t.--he-r--jl:l!'isaietien jurisdiction's sex 
offender registration statute for a period of years other than 
life shall register for a maximum of 10 years from the date when 
tRe--&e*-4ffeaeer that registrant was first required to register 
in the other state-er-I:lBaer-aBetaer jurisdiction. 
A seH-e~~eBaer 
person coming within the definition of a 10-year registrant who 
has been sentenced from June 30, 1992 to September 17, 1999 shall 
register for a period of 10 years, to be calculated as follows. 
A. 
If the seH-e.f.feBae!' 10-year registrant was sentenced to 
a 
wholly 
suspended 
sentence 
with 
probation 
or 
to 
a 
punishment 
alternative 
not 
involving 
imprisonment, 
the 
10-year period is treated as having begun at the time the 
person commenced an actual execution of the wholly suspended 
sentence or at the 
time of sentence imposition when 
no 
punishment alternative involving imprisonment was 
imposed, 
unless the court ordered 
the 
10-year 
period is 
termination of the stay. 
a stay of execution, 
treated 
as 
having 
in which event 
begun 
at 
the 
B. 
If the seH-effeRaeF lO-year registrant was sentenced to 
a straight term of imprisonment or to a split sentence, the 
10-year period is treated as having begun at the time of 
discharge or conditional release. 
C. 
If the 
seH-~~~aaeF 10-year registrant was 
committed 
under Title 15, section 103, the 10-year period is treated 
as having begun at the time of discharge or conditional 
release under Title 15, section 104-A. 
D. 
If the 
seH--e~~eaee~~s 10-year registrant's duty to 
register has not yet been triggered, the 10-year period will 
commence upon registration by the person in compliance with 
section 11222, subsection I-A, 
~aFa~~a~as paragraph A, B or 
C. 
2. 
Lifetime registrant. 
A seHQally-v~elea~-~FeaateF person 
coming within the definition of a lifetime registrant who has 
~ 
sentenced on or after June 30, 1992 shall register for the 
duration of 
\;ae-~1-1y-- .... .;i-e-d.-e-nt.--~~eea~e~.!.s that 
registrant's 
life. 
A person who has established a domicile in this State subsequent 
to being required to register pursuant to another jurisdiction's 
sex offender registration statute for a lifetime or who is a 
person coming within the definition of 
a 
lifetime registrant 
shall register for the duration of the registrant's life. 
2-A. 
Periods when domiciled outside Maine. 
Notwithstanding 
subsections 
and 2, 
during any period in which the 10-year 
registrant or lifetime registrant leaves the State, establishes a 
domicile in another state and remains physically absent from the 
State the bureau may 
suspend the 
requirement that a 
10-year 
registrant or lifetime registrant register. 
3. 
Periods 
of 
incarceration 
or 
civil 
confinement. 
Notwithstanding subsections 1 and 2, the bureau may suspend the 
requirement that a 
seH--Q-~~:a-ee~ 10-year registrant or SeHQaJ:J:y 
v~eJ,e»~-fl.£eQat.eF lifetime registrant register during periods of 
incarceration or civil confinement. 
4. 
Relief 
from 
duty 
to 
register. 
If 
the 
underlying 
conviction for 
a 
sex offense or sexually violent offense is 
reversed, vacated or set aside, or if the registrant is pardoned 
for the offense, registration or continued registration as a sell 
e~~eBae~ 10-year registrant or seHaally-vie*eBE-pFeaaEe~ lifetime 
registrant is no longer required. 
Sec. B-20. 34-A MRSA §11226, as enacted by PL 1999, c. 437, 
§2, is amended to read: 
§11226. 
Fee 
The bureau may 
charge 
a 
$69 ~ annual fee to persons 
required to 
register 
under 
this 
chapter. 
SeH--e~~eBae~s--e~ 
seHaa**y--v-i~1en-t--fH:.eaa1:e~s Registrants shall pay the fee at the 
time of initial registration and shall pay the fee 
on each 
anniversary of their initial registration. 
The fee must be credited to the General Fund and the Highway 
Fund 
in 
an 
amount 
consistent 
with 
currently 
budgeted 
appropriations 
and 
allocations, 
except 
that 
the 
local 
law 
enforcement agency that takes 
and processes 
the registrant's 
fingerprints and picture must receive $10 of the total annual $35 
fee. 
Sec. B-21. 34-A MRSA §11227, sub-§§l, 2, 3 and 6, as enacted by 
PL 2003, c. 452, Pt. S, §1 and affected by Pt. X, §2, are amended 
to read: 
1. 
Failure 
to 
register or 
update 
information. 
A 
seH 
e:€:€eBae~--o-r--6eH\:i.a*ly---v-i<r1en-t--pFeaaEe~ registrant who fails to 
register or update the information required under this chapter 
commits a Class D crime. 
2. 
Failure to register or update information; 2nd offense. 
A 
seH-cl-f.e·n€1e-r--e-F---6e-K-\:i.a-l-ly---v-i<r1e-n-t--p~eElaEe~ registrant who has 
one prior conviction for 
failure 
to register or 
update 
the 
information required under this chapter commits a Class D crime. 
3. 
Failure to register or 
update 
information; 
3rd 
or 
subsequent offense. 
A seH-B~~eH4e£-~-~~~-yie-lea1:-~~eaaEeF 
registrant 
who 
fails 
to 
register 
or 
update 
the 
information 
required under this chapter when the 
seH--<rf~F---e-r--seHaa±±y 
vielea1:-fl-£eaat.eF registrant has 2 or more prior convictions in 
this State for violation of this chapter commits a Class C crime. 
6. 
Affirmative defense. 
It is an affirmative defense that 
the failure to register or update information resulted from just 
cause, except that seH- cl-f-e-nde-£~-e-F- - -6-e-K-tta-l-ly- -v-io-J:.e.n..t..--pFeaatoeF6 
registrants convicted from June 30, 1992 to September 17, 1999 
may not raise a defense under just cause that they were not aware 
of the registration requirement. 
Sec. B-22. 34-A MRSA §11253, as enacted by PL 2001, c. 439, 
Pt. 000, §15, is amended to read: 
§11253. 
Risk assessment 
The department shall establish and apply a risk assessment 
ins trumen t 
to each seH- -o-f-f-ende-r- -aiiQ--s-e-:H-1:l-a1-1-~--v-i-€r.l-ent.---Fl:'eEiatel:' 
registrant under its jurisdiction for the purpose of notification 
to law enforcement agencies and to the public. 
Sec. B-23. 34-A MRSA §1l254, as amended by PL 2003, c. 371, 
§13, is further amended to read: 
§11254. 
Mandatory notification of conditional release or 
discharge of registrants 
The department, county jails, state mental health institutes 
and 
the 
Department 
of 
Public 
Safety, 
State 
Bureau 
of 
Identification are governed by the following notice provisions 
when a 
seH-~-t~--(H:·--6-eiH:la±±Y--"lf-io-J:.e.n..t;--Fl:'eeatel:' registrant is 
conditionally released or discharged. 
1. 
Duties. 
The department, a county jailor a state mental 
health institute shall give the Department of Public Safety, 
State Bureau of Identification notice of the following: 
A. 
The address where the 
seH-~~-e£Q-e~-~--s-e-:H-1:l-&1-1-~-vie~ent 
Fl:'eeatel:' registrant will reside; 
B. 
The address where the 
seH-~~-e£Q-e~-~--s-e-:H-1:l-&1-1-~-vie~eRt 
Fl:'eeatel:' registrant will work and attend college or school, 
if applicable; 
c. 
The 
geographic 
area 
to 
which 
a 
seH--e~~eReel:'~S--el:' 
seH1:l-ally-vielent-~£eElatel:'~s registrant's conditional release 
is limited, if any; and 
D. 
The status of the 
seH-~~~~~-~---6-e~~a±±y--vie±ent 
Fl:'eeatel:' registrant when released as determined by the risk 
assessment 
instrument, 
the 
e~~eReel:'~s---el:'---Fl:'eElatel:'~s 
registrant's risk assessment 
score, 
a 
copy of the 
risk 
assessment instrument and applicable contact standards for 
the e~~eneel:'-el:'-Fl:'eElatel:' registrant. 
2. 
Duties of the Department of Public Safety, State Bureau 
of Identification. 
Upon receipt of the information concerning 
the 
conditional 
release 
or 
discharge 
of 
a 
seH--e~~eReel:'--el:' 
seH1:l-a±±y-~1o-l-e-nt.--FEeeateE registrant pursuant to subsection 1, 
the Department of Public Safety, State Bureau of Identification 
shall 
forward 
the 
information 
in 
subsection 
to 
all 
law 
enforcement agencies that have jurisdiction in those areas where 
the 
SeH--4i-~aQe.l'---<H"---se-K~..J-j-'--..,.,ie-le~~--pl'eEiat;el' registrant may 
reside, work or attend college or school. 
Sec. B·24. 34·A MRSA §§11255 and 11256, as enacted by PL 
2001, c. 439, Pt. 000, §15, are amended to read: 
§11255. 
Public notification 
1. 
Department. 
Upon the conditional release or discharge 
of a 
seH-e~~e~4e~-~-~~~-¥i&~a&-pl'eEiat;el' registrant from a 
state correctional institution, the department shall give notice 
of the information under section 11254, subsection 1 to members 
of the public the department determines appropriate to ensure 
public safety. 
2. 
Law 
enforcement 
agencies. 
Upon 
receipt 
of 
the 
information concerning the conditional release or discharge of a 
seH-e~~e~4e~-~-~~~~-¥i~~&a&-pl'eEiat;el' registrant pursuant to 
section 11254, 
subsection 
2, 
a 
law enforcement 
agency shall 
notify members of a municipality that the law enforcement agency 
determines appropriate to ensure public safety. 
§11256. 
Risk assessment assistance 
Upon 
request, 
the 
department 
shall 
provide 
to 
law 
enforcement 
agencies 
technical 
assistance 
concerning 
risk 
assessment for purposes of notification to the public of a seH 
eEEeaEiel'~s---~----seH~a±±y---~~~----pF&Eiat;el'~s 
registrant's 
conditional release or discharge. 
PART C 
Sec. C·l. Research and report regarding potential offenders. 
The 
Department 
of 
Behavioral 
and 
Developmental 
Services, 
the 
Department of Human Services, the Department of Corrections and 
the Department of Public Safety, in cooperation with the Child 
Abuse Action Network, shall: 
1. 
Identify the subpopulation of potential offenders or 
young 
persons 
at 
risk 
of 
offending because 
they 
have 
been 
sexually abused or face a significant mental health disability, 
with recognition of the fact that over 95% of sex offenders are 
male; 
2. 
Identify the types of prevention and treatment currently 
known to work with these young persons; 
3. 
Coordinate prevention and education efforts with the 
goal of seeking coordinated services to transition at-risk youth 
to healthy adulthood: and 
4. 
Report findings to the joint standing committees of the 
Legislature having jurisdiction over health and human services 
and criminal justice and public safety matters no later than 
January 30, 2005. 
Sec. C-2. Review and report of registerable sex offenses. 
The 
Criminal 
Law Advisory Commission, 
established under the Maine 
Revised Statutes, Title 17-A, chapter 55, shall: 
1. 
Review the Sex Offender Registration and Notification 
Act of 1999, as amended, to identify all crimes of gross sexual 
assault and unlawful sexual contact that currently do not require 
any registration: 
2. 
Assess whether the current Maine crimes listed as sex 
offenses and sexually violent offenses are appropriate under the 
federal 
guidelines 
for 
the 
Jacob 
Wetterling 
Crimes 
Against 
Children 
and 
Sexually Violent 
Offender 
Registration 
Act, 
United States Code, Section 14071, as amended; and 
3. 
Report its findings 
and any proposed changes to the 
joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters. 
Sec. C-3. Retroactivity. 
Those sections 
the Maine Revised Statutes, Title 34-A 
June 30, 1992. 
SUMMARY 
of this Act that amend 
apply retroactively to 
This bill implements the recommendations of the Commission 
to 
Improve 
Community Safety and 
Sex 
Offender Accountability, 
which was created pursuant to Resolve 2003, 
chapter 75. 
The 
commission was established to provide 
a legislative forum 
to 
review criminal sentencing laws for sex crimes and to review sex 
offender registration and notification laws and policies. 
The 
purpose of this commission's review was to take a thoughtful and 
comprehensive look at Maine's sex offender laws and to identify 
areas 
in 
which 
immediate 
legislative 
and 
policy 
change 
is 
necessary 
to 
increase 
community 
safety. 
The bill 
does 
the 
following. 
1. 
It raises the classification of sex crimes committed 
against children who have not attained 12 years of age. 
Without 
imposing 
new 
minimum 
mandatory 
sentences, 
the 
commission 
recommends providing courts, when victims are under 12 years of 
age, with an increased potential range of penalties by raising by 
one class the following crimes: 
A. 
Unlawful sexual contact when the actor is at least 3 
years older than the victim, from a Class C crime to a Class 
B crime, and when the actor is at least 3 
years older than 
the victim and there is penetration, from a Class B crime to 
a Class A crime; 
B. 
Visual sexual aggression against a child, from a Class D 
crime to a Class C crime; 
C. 
Sexual misconduct with a child, from a Class D crime to 
a Class C crime; 
D. 
Solicitation 
of 
a 
child 
by 
computer 
to 
commit 
a 
prohibited act, from a Class D crime to a Class C crime; 
E. 
Violation of privacy, from a Class D crime to a Class C 
crime; 
F. 
Sexual exploitation of minors, from a Class B crime to a 
Class A crime; 
G. 
Dissemination of sexually explicit materials, 
from 
a 
Class C crime to a Class B crime for the first offense and 
from a Class B crime to a Class A crime for a subsequent 
offense; and 
H. 
Possession of sexually explicit materials, from a Class 
D crime to a Class C crime and from a Class C crime to a 
Class B crime for a subsequent offense. 
2. 
It allows courts to have the option to impose a sentence 
of imprisonment in excess of 20 years, based upon the fact that 
the victim is under 12 years of age, for the Class A crimes of 
gross sexual assault and repeat sexual exploitation of minors. 
3. 
It 
increases 
the 
period 
of 
probation 
for 
persons 
convicted of sex crimes committed against children who have not 
attained 12 years of age. 
Without imposing minimum mandatory 
sentences, the bill provides courts, when victims are under 12 
years of age, with an increased potential range of penal ties by 
increasing periods of probation for persons convicted under the 
Maine Revised Statutes, Title 17, chapter 93-B 
or Title 17 -A, 
chapter 11 as follows: 
A. 
For a person convicted of a Class A crime, a period of 
probation not to exceed 18 years; 
B. 
For a person convicted of a Class B crime, a period of 
probation not to exceed 12 years; and 
C. 
For a person convicted of a Class C crime, a period of 
probation not to exceed 6 years. 
4. 
It allows the court to have the option to impose a 
sentence of probation of up to 18 years based upon the fact that 
the defendant was convicted of gross sexual assault after having 
been previously convicted and sentenced for a Class B crime or 
Class C crime of unlawful sexual contact. 
5. 
It renames "dangerous sexual offender," defined in Title 
-A, 
section 1252, 
subsection 4-B, 
as "repeat sexual assault 
offender." 
6. 
It allows courts to have the option to impose a sentence 
of imprisonment in excess of 20 years, based upon the fact that 
the defendant was convicted of gross sexual assault after having 
been previously convicted and sentenced for a Class B crime or 
Class C crime of unlawful sexual contact. 
7. 
It changes the names of registration categories in the 
Sex Offender Registration and Notification Act of 1999, 
also 
known as the "SORNA," from "sexually violent predators" and "sex 
offenders" to "lifetime registrants" and "10-year registrants," 
respectively. 
8. 
It moves 
require lifetime 
under 
the 
SORNA 
offenders." 
Class 
D or 
registration 
of 
1999 
to 
Class E offenses that 
as 
"sexually violent 
10-year 
registration 
currently 
predators" 
for 
"sex 
9. 
It makes technical drafting changes to the 
SORNA 
of 
1999, including: 
A. 
Adding to the list of registerable offenses the former 
crime of rape, 
restoring the 
former 
crimes 
of 
unlawful 
sexual contact and solicitation of a child by computer to 
commit a prohibited act and moving from the definition of 
"sex offense" to "sexually violent offense" the crimes of 
unlawful sexual contact that involve penetration; 
B. 
Making registration requirements consistent by 
from the crime of "kidnapping" the defense that the 
a parent, which is consistent with the crime of 
restraint for purposes of sex offender registration; 
removing 
actor is 
criminal 
and 
C. 
Defining 
"jurisdiction," 
federal law. 
the 
and 
terms 
"another 
"tribe" 
to 
be 
state," 
"registrant," 
more 
consistent with 
10. 
It authorizes the State to suspend the requirement -that 
a sex offender or sexually violent predator register during any 
period in which the registrant leaves the State, establishes a 
domicile in another state and remains physically absent from the 
State. 
11. 
It increases from 
$25 to $35 the sex offender and 
sexually violent predator fee for initial registration and annual 
renewal 
registration 
and 
specifies 
that 
the 
law 
enforcement 
agency 
that processes 
registrants' 
pictures 
and 
fingerprints 
receives $10 of the fee. 
12. 
It makes all changes to the Sex Offender Registration 
and Notification Act of 1999 retroactive to June 30, 1992. 
13. 
It 
directs 
the 
Department 
of 
Behavioral 
and 
Developmental Services, 
the Department of Human Services, 
the 
Department of Corrections and the Department of Public Safety, in 
cooperation with the Child Abuse Action Network, to: 
A. 
Identify the subpopulation of potential offenders or 
young persons at risk of offending because they have been 
sexually or physically abused or face a significant mental 
health disability, with recognition of the fact that over 
95% of sex offenders are male; 
B. 
Identify the types of prevention and treatment currently 
known to work with these young persons; 
C. 
Coordinate prevention and education efforts with the 
goal of seeking coordinated services to transition at-risk 
youth to healthy adulthood; and 
D. 
Report findings to the joint standing committees of the 
Legislature 
having 
jurisdiction 
over 
health 
and 
human 
services and criminal justice and public safety matters. 
14. 
It directs the Criminal Law Advisory Commission to: 
A. 
Review the Sex Offender 
Act of 1999 to identify all 
and unlawful sexual contact 
any registration; 
Registration and Notification 
crimes of gross sexual assault 
that currently do not require 
B. 
Assess whether the current Maine crimes listed as sex 
offenses and sexually violent offenses are appropriate under 
the 
federal 
guidelines 
for 
the 
Jacob 
Wetterling 
Crimes 
Against Children and Sexually violent Offender Registration 
Act, 42 United States Code, Section 14071, as amended; and 
C. 
Report its 
Joint Standing 
Safety. 
findings and 
Committee 
on 
any proposed changes to the 
Criminal Justice and Public