An Act To Amend the Crimes of Unlawful Sexual Contact and Unlawful Sexual Touching Reported by Representati ve BLANCHETTE of Bangor for the Criminal Law Advisory Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Maine Legislature, Session 122, LD 1249
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §255-A, 17-A MRSA §260

Legislative Document 
No. 1249 
H.P.867 
House of Representatives, March 15,2005 
An Act To Amend the Crimes of Unlawful Sexual Contact and 
Unlawful Sexual Touching 
Reported by Representati ve BLANCHETTE of Bangor for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on recycled paper 
!r/~ 
/J7.11l~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §255-A. sub-§I. "S and T. as enacted by PL 
2001, c. 383, §23 and affected by §156, are amended to read: 
S. 
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. 
Violation of this paragraph is 
a 
Class 
E 
crime; eE 
read: 
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 D crimeT~ 
Sec. 2. 17-A MRSA §255-A, sub-§l, "U and V are enacted to 
U. 
The actor is a 
psychia~rist, a psychologist or licensed 
as 
a 
social worker or purports to be 
a psychiatrist, 
a 
psychologist or licensed as a social worker to the other 
person and the other person, not the actor' s spouse, is a 
patient or client of the actor for mental health therapy. 
As 
used in this paragraph, 
"mental health therapy" means 
psychotherapy 
or 
other 
treatment modalities 
intended 
to 
change behavior, 
emotions or attitudes and based upon an 
intimate relationship involving trust and dependency with a 
substantial 
potential 
for 
vulnerability 
and 
abuse. 
Violation of this paragraph is a Class D crime; or 
V. 
The actor is a psychiatrist, 
a~sychologist or licensed 
as 
a 
social worker or purports to be 
a psychiatrist, 
a 
psychologist or licensed as a social worker to the other 
person and the other person, not the actor' s spouse, is a 
patient or client of the actor for mental health therapy and 
the sexual contact includes penetration. 
As used in this 
paragraph, 
"mental health thergpy" means psychotherapy or 
other 
treatment modalities 
intended 
to 
change 
behavior, 
emotions 
or 
attitudes 
and 
based 
upon 
an 
intimate 
relationship 
involving 
trust 
and 
dependency 
with 
a 
Page l-LR2l93(1) 
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,213 
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substantial potential for vulnerability and abuse. Violation 
of this paragraph is a Class C crime. 
Sec. 3. 17-A MRSA §260. sub-§l. ,1. as corrected by RR 2003, c. 
2, §27, is amended to read: 
I. 
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 Health 
and 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 D crime; SF 
Sec. 4. 17-A MRSA §260, sub-§l, ,J, as enacted by PL 2003, c. 
138, §s, is amended to read: 
J. 
The other person, not the actor I 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. 
Violation of this paragraph is 
a 
Class 
E 
crime..-..L..Q±. 
Sec. 5. 17-A MRSA §260. sub-§l"K is enacted to read: 
K. 
The actor is a psychiatrist, a psychologist or licensed 
as 
a 
social worker or purports to be 
a psychiatrist, 
a 
psychologist or licensed as a social worker to the other 
person and the other person, not the actor's spouse, is a 
~ent or client of the actor for mental health therapy. 
As 
used in this paragraph, 
"mental health therapy" means 
psychotherapy 
or 
other 
treatment modalities 
intended 
to 
change behavior, emotions or attitudes and based upon an 
intimate relationship involving trust and dependency with a 
substantial 
potential 
for 
vulnerability 
and 
abuse. 
Violation of this paragraph is a Class D crime. 
SUMMARY 
This bill expands the crimes of unlawful sexual contact and 
unlawful 
sexual 
touching 
by 
prohibiting 
a 
psychiatrist, 
psychologist 
or 
licensed 
social 
worker 
or 
a 
purported 
psychiatrist. 
psychologist 
or 
licensed 
social 
worker 
from 
engaging in sexual contact or sexual touching with a patient or 
client 
undergoing 
mental 
health 
therapy 
by 
the 
treating 
psychiatrist, psychologist or licensed social worker. 
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