An Act To Increase the Class of Crime of Unlawful Sexual Contact
Maine Legislature, Session 121, LD 1005
Committee: Criminal Justice and Public Safety
Sponsors: LEMONT, ANDREWS, BROWN, GOODWIN

Legislative Document 
No. 1005 
S.P.349 
In Senate, February 25,2003 
An Act To Increase the Class of Crime of Unlawful Sexual Contact 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator LEMONT of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: ANDREWS of York, BROWN of South Berwick, 
GOODWIN of Pembroke. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17·A MRS A §255.A, sub·§l, 
354, 
§3 and enacted by c. 
383, 
§23 
further amended to read: 
as amended by PL 2001, 
and affected by §156, 
c. 
is 
1. 
A person is guilty of unlawful sexual contact if the 
actor intentionally subjects another person to any sexual contact 
and: 
A. 
The 
other 
person 
has 
acquiesced 
in 
the 
sexual 
paragraph is a Class Q ~ crime: 
not 
expressly 
or 
contact. 
Violation 
impliedly 
of 
this 
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 
G f! crime: 
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 Q ~ crime; 
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 G f! crime; 
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 G ~ crime; 
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: 
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 Q 
f! crime; 
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 
appralslng 
the 
nature 
of 
the 
contact 
involved 
or 
of 
understanding that the other person has the right to deny or 
Page l-LR1666 (1) 
withdraw 
consent 
and 
the 
penetration. 
Violation of this 
crime; 
sexual 
contact 
includes 
paragraph is a Class G I! 
I. 
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 
supervisory 
or 
disciplinary 
authority 
over 
the 
other 
person. 
Violation of this paragraph is a Class 9 I! crime; 
J. 
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 
supervisory or disciplinary authority over the other person 
and the sexual contact includes penetration. 
Violation of 
this paragraph is a Class G I! crime; 
K. 
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 is a teacher, 
employee or other official having instructional, supervisory 
or disciplinary authority over the student. 
Violation of 
this paragraph is a Class 9 I! crime; 
L. 
The other person, 
less than 18 years of 
not the 
age and 
actor's spouse, is in fact 
is a student enrolled in a 
private or public elementary, secondary or special education 
school, facility or institution and the actor is a teacher, 
employee or other official having instructional, supervisory 
or disciplinary authority over the student and the sexual 
contact includes penetration. 
Violation of this paragraph 
is a Class G I! crime; 
M. 
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 G I! crime; 
N. 
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 and 
the sexual contact includes penetration. 
Violation of this 
paragraph is a Class B crime; 
O. 
The other person submits as 
a 
result of compulsion. 
Violation of this paragraph is a Class G I! crime; 
P. 
The other person submits as a result 
the sexual contact includes penetration. 
paragraph is a Class B crime; 
of compulsion and 
Violation of this 
Q. 
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 
Behavioral and Developmental Services or the Department of 
Human Services and the other person, not the actor's spouse, 
receives 
services 
from 
the 
organization, 
program 
or 
residence 
and 
the 
organization, 
program 
or 
residence 
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 g ~ crime; 
R. 
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 
Behavioral and Developmental Services or the Department of 
Human Services and the other person, not the actor's spouse, 
receives 
services 
from 
the 
organization, 
program 
or 
residence 
and 
the 
organization, 
program 
or 
residence 
recognizes 
that 
other 
person 
as 
a 
person 
with 
mental 
retardation and the sexual contact includes penetration. 
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 b ~ crime; 
S. 
The other person, not the actor's spouse, is ln 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; or 
T. 
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 and the sexual contact includes penetration. 
Violation of this paragraph is a Class P ~ crime. 
SUMMARY 
Current law prohibits unlawful sexual contact, but varies 
the penalty depending upon the type of sexual contact, the age 
and mental state of the victim and the relationship of the actor 
to the victim. 
The class of crime for unlawful sexual contact 
varies from a Class E crime to a Class B crime. 
This bill makes all forms of unlawful sexual contact a Class 
B crime.