An Act To Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses against Victims under 12 Years of Age
Maine Legislature, Session 122, LD 1717
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §1202, 17-A MRSA §1252

Legislative Document 
No. 1717 
H.P.1224 
House of Representatives, December 20,2005 
An Act To Create Mandatory Minimum Sentences for Persons 
Convicted of Certain Sex Offenses against Victims under 12 Years 
of Age 
Reported by Representative BLANCHETTE of Bangor for the Joint Standing Committee 
on Criminal Justice and Public Safety pursuant to Public Law 2005, chapter 423, section 24. 
Received by the Clerk of the House on December 14,2005. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218. 
Printed on recycled paper 
77/~ 
/J7.11ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1202, sub-§I-A, ,C, as enacted by PL 2003, 
c. 711, Pt. B, §16, is amended to read: 
C. 
In the case of a crime of gross sexual assault, if the 
State pleads and proves that at the time of the crime the 
victim had 
not attained 
years 
of 
age 
and that the 
defendant has previously been convicted and sentenced for 
committing 
gross 
sexual 
assault, 
rape 
or 
gross 
sexual 
misconduct against a victim who had not attained 12 years of 
age, the period of probation maY-Be is life e~-~--t-e-Fffi.-et; 
year::s following a term of imprisonment under section 1252. 
In addition to any conditions imposed under section 1204, 
the court shall attach as a condition of probation that the 
convicted person participate in counseling or tre2tment to 
the satisfaction of 
the probation officer 
and tnat the 
person be subject to supervision by a probation officer that 
includes the best available monitoring technology for the 
duration of the term of probation. 
Sec. 2. 17-A MRSA §1252, sub-§4-D, as enacted by PL 2003, c. 
711, Pt. B, §20, is amended to read: 
4-D. 
If the State pleads and proves that a 
crime under 
see~,ieB--6-~~r-~-i~-,l7--paFa~Fapa--{:---€>-£--~RE1eF section 282, 
subsection 1, paragraph C or F was committed against a person who 
had not attained 12 years of age at the time of the offense, the 
age of the victim must be given serious consideration by the 
court in exercising its sentencing discretion. 
Sec.3. 17-A MRSA §1252. sub-§4-E is enacted to read: 
4-E. 
In the case of a crime of gross sexual assault, if the 
State pleads and proves that at the time of the crime the victim 
had not attained 12 years of age, the court, notwithstanding any 
other provision of this code, shall impose 
a 
minimum term of 
imprisonment of 25 years, none of which may be suspended. 
When a 
person 
sentenced 
under 
this 
subsection 
is 
released 
from 
incarceration, the Department of Corrections shall supervise that 
person using the best available monitoring technology pursuant to 
section 1202. 
Sec. 4. 17-A MRSA §1252, sub-§4-F is enacted to read: 
4-F. 
In the case of a crime of gross sexual assault, if the 
State pleads and proves that at the time of the crime the victi~ 
had not attained 12 years of age and that the defendant has 
previously been convicted 
and 
sentenced for 
committing gross 
sexual assault, rape or gross sexual misconduct against a victim 
Page l-LR2770(1) 
who had not attained 12 years of age, the court, notwithstanding 
any 
other 
provision of this 
code, 
shall 
impose 
a 
term of 
imprisonment for life, none of which may be suspended. 
SUMMARY 
This bill creates a 25-year minimum mandatory sentence of 
imprisonment followed by probation for life for persons convicted 
of gross sexual assault against persons who have not attained 12 
years of age and requires that these persons, when released from 
prison, 
be 
subject 
to 
supervision 
by 
the 
Department 
of 
Corrections that includes electronic monitoring for the duration 
of 
the 
probation. 
The bill also 
creates 
a 
mandatory life 
sentence of imprisonment for a person convicted of gross sexual 
assaul t against another person who has not attained 12 years of 
age if that person has 
a 
prior conviction for gross sexual 
assault, rape or gross sexual misconduct against a victim who had 
not attained 12 years of age.