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
House Amendment HA_B_H970 (House)
Amends: 17-A MRSA §253-A, 17-A MRSA §1202, 17-A MRSA §1252

HOUSE AMENDMENT "!:>" to H.P. 1224, L.D. 1717, Bill, "An Act 
To Create Mandatory Minimum Sentences for Persons Convicted of 
Certain Sex Offenses against Victims under 12 Years of Age" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 17-A MRSA §253-A is enacted to read: 
§253-A. 
Aggravated gross sexual assault 
1. 
Notwithstanding section 253, 
a 
person is guilty of 
aggravated gross 
sexual assault if that person engages in 
a 
sexual act with another person who has not in fact attained 12 
years 
of 
age 
and 
who 
submits 
as 
a 
result 
of 
compulsion. 
Violation of this subsection is a Class A crime. 
Sec. 2. 17-A MRSA §1202, sub-§l.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 
QL 
aggravated 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, 
aggravated 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 
life or any term of years following a 
term of imprisonment 
under section 1252. 
In addition to any conditions imposed 
Page l-LR2770(6) 
HOUSE AMENDMENT 
~~" 
HOUSE AMENDMENT '6" to H.P. 1224, L.D. 1717 
under section 1204, the court shall attach as a condition of 
probation 
that 
the 
convicted 
person 
participate 
in 
counseling or treatment to the satisfaction of the probation 
officer and that 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. 3. 17-A MRSA §1252, sub-§4-E is enacted to read: 
4-E. 
In the case of a crime of aggravated gross sexual 
assault. 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.' 
SUMMARY 
This amendment replaces the bill and creates the new crime 
of 
aggravated gross 
sexual assault. 
A person is guilty of 
aggravated gross sexual assault if that person engages in a 
sexual act with another person who has not yet attained 12 years 
of age and who submits as a result of the use of physical force, 
a threat to use physical force or a combination thereof that 
makes the other person unable. to physically repel the actor or 
produces in that other person a 
reasonable fear that death, 
serious bodily injury or kidnapping might be imminently inflicted 
upon that other person or another human being. 
A violation of 
aggravated gross sexual assault is subject to a minimum sentence 
of incarceration of 25 years, none of which may be suspended. 
When released from prison, a person convicted of aggravated gross 
sexual assault is subject to 
superv~s~on, including electronic 
monitoring, by the Department of Corrections for the duration of 
the probation. 
SPONSORED BY: 
(Representativ 
TOWN: 
Newport 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 03/28/06 frac 
LD 1717 
LR 2770(06) 
An Act to Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses 
against Victims under 12 Years of Age 
Fiscal Note for House Amendment 'btl 
Sponsor: Rep. Tardy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements: 
Establishes a new Class A crime 
The incremental fiscal impact of this amendment on the bill is not significant. As amended, the bill would continue to 
have substantial correctional and judicial costs. 
LR2770(6) - Fiscal Note - Page 1 of 1