An Act To Amend the Maine Juvenile Code
Maine Legislature, Session 122, LD 0242
Committee: Judiciary
Sponsors: SYKES
Amends: 15 MRSA §3103, 15 MRSA §3105-A, 15 MRSA §331, 15 MRSA §3310

Legislative Document 
No. 242 
H.P.181 
House of Representatives, January 18,2005 
An Act To Amend the Maine Juvenile Code 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative SYKES of Harrison. 
Printed on recycled paper 
/J'l~/J7.~ 
Mll.,LICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3103, sub-§I, <J[G, as repealed and replaced by 
PL 2003, c. 688, Pt. A, §12, is amended to read: 
G. 
A violation of section 393, subsection 1, paragraph C or 
section 393, subsection 1-A; aBa 
Sec. 2. 15 MRSA §3103, sub-§I, <J[H, as enacted by PL 2003, c. 
410, §7, is amended to read: 
H. 
If a 
juvenile has been convicted of a 
crime for a 
violation 
of 
a 
provision 
of 
Title 
or 
29-A 
not 
specifically included in paragraph E or F, willful refusal 
to pay a resulting fine or willful violation of the terms of 
a resulting probation or willful failure to comply with the 
terms of any other resulting court orderT; and 
Sec.3. 15 MRSA §3103, sub-§I, <J[I is enacted to read: 
I. Violation of a conditional release imposed by a juvenile 
community corrections officer pursuant to section 3203-A, 
subsection 4, 
paragraph A or B or the Juvenile Court 
pursuant to section 3306-A. 
Sec. 4. 
MRSA §3105-A, sub-§I, as enacted by PL 1987, c. 
222, §2, is amended to read: 
1. Expiration of limitation; defense. It is a defense that 
prosec.ution was commenced after the expiration of the applicable 
period of limitations provided in this section, p~eviaea except 
that a prosecution for the juvenile crime of murder or criminal 
homicide in the first or 2nd degree or, if the victim had not 
attained 16 years of age at the time of the crime and the 
juvenile had attained 16 years of age, the juvenile crime of 
unlawful sexual contact under Title 17-A, section 255-A or gross 
sexual assault under Title 17-A, section 253 may be commenced at 
any time. 
Sec. 5. 
MRSA §3105-A, sub-§2, as amended by PL 1995, c. 
470, §5, is further amended to read: 
2. Limitations. Prosecution for juvenile crimes other than 
murder or criminal homicide in the first or 2nd degree or, if the 
victim had not attained 16 years of age at the time of the crime 
and the juvenile had attained 16 years of age, the juvenile crime 
of unlawful sexual contact under Title 17-A, section 255-A or 
gross sexual assault under Title 17-A, section 253 are subject to 
the following periods of limitations. 
A. 
A prosecution for conduct whiehT that if committed by an 
adultT is a Class A, Class B or Class C crimeT sha±± must be 
commenced within 6 years after it is committed. 
B. 
A prosecution for conduct whiehT that if committed by an 
adultT is a Class D or Class E crime sha±± must be commenced 
within 3 years after it is committed. 
C. 
A prosecution for conduct specified in section 3103, 
subsection 1, paragraph B, C, D, E or F must be commenced 
within one year after it is committed. 
Sec. 6. 15 MRSA §331O, sub-§4, as enacted by PL 1977, c. 520, 
§l, is amended to read: 
4_ 
Standard of proof_ 
WReR If the court finds that the 
elements of 
the 
juvenile crime 
as defined in section 3103, 
subsection 1, paragraph A, E, F, G, H or I are not supported by 
evidence beyond a 
reasonable doubt or that the elements of a 
juvenile 
crime 
as 
defined in section 
3103, 
subsection 1, 
paragraph B, C or D are not supported by a preponderance of the 
evidence, the court shall order the petition dismissed and the 
juvenile discharged from any detention or restriction previously 
ordered. 
The 
juvenile's 
parents, 
guardian 
or 
other 
legal 
custodian sha±± must also be discharged from any restriction or 
other temporary order. 
Sec. 7. 15 MRSA §3310, sub-§5, 'lIA, as amended by PL 1979, c. 
681, §25, is further amended to read: 
A. 
WReR If the court finds that the allegations of the 
petition alleging a juvenile crime as defined in section 
3103, 
subsection 1, 
paragraph A, 
E, 
F, 
G, 
H or 
I 
are 
supported by evidence beyond a reasonable doubt or that the 
allegations of 
a 
petition alleging 
a 
juvenile crime as 
defined in section 3103, subsection 1, paragraph B, C or D 
are supported by a preponderance of the evidence, the court 
shall adjudge that the juvenile committed a juvenile crime 
and shall, in all such adjUdications, 
issue an order of 
adjudication. 
SUMMARY 
This bill creates a 
new juvenile offense of violation of 
conditional release. 
The bill amends the period of statute of limitations to 
ensure the protection of victims of gross sexual assault and 
unlawful sexual contact committed by juveniles. 
Current law 
limits prosecution to a period of 6 years for juvenile crimes 
that would be Class A, 
B or C crimes and 3 years for juvenile 
crimes that would be Class C or D crimes if committed by an 
adult. 
However, prosecution of offenses involving gross sexual 
assault or unlawful sexual contact if the actor is an adult and 
the victim is under 16 years of age may be commenced at any 
time. 
This bill would allow prosecution of serious sexual 
offenses if committed by a juvenile at any time. 
The bill also amends the standard of proof so that juvenile 
crimes involving illegal drugs or drug paraphernalia and those 
involving intoxicating liquor that, if committed by an adult, 
would 
constitute 
civil 
offenses, 
are 
established 
by 
a 
preponderance of evidence rather than proof beyond a reasonable 
doubt.