An Act To Protect Children from Individuals Who Have Engaged in Sexual Abuse of Children in the Past
Maine Legislature, Session 122, LD 1232
Committee: Criminal Justice and Public Safety
Sponsors: FAIRCLOTH, PELLETIER-SIMPSON
Amends: 18-A MRSA §9, 19-A MRSA §1653, 19-A MRSA §1803, 19-A MRSA §4007, 22 MRSA §4005-E, 22 MRSA §4036

Legislative Document 
No. 1232 
H.P.850 
House of Representatives, March 10, 2005 
An Act To Protect Children from Individuals Who Have Engaged in 
Sexual Abuse of Children in the Past 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative FAIRCLOTH of Bangor. 
11/~ 
1J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: PELLETIER-SIMPSON of Auburn . 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 18-A MRSA §9-304, sub-§(b-l) is enacted to read: 
(b-l) 
If the court finds that a petitioner for adoption of 
, 
a minor child has been convicted of an offense listed in Title 
19-A, section 1653, subsection 6-A, 
paragraph A in which the 
victim was under 14 years of age at the time of the offense or 
has been adjudicated in an action under Title 22, chapter 1071 of 
sexually abusing a child under 14 years of age at the time of the 
abuse, 
it is 
presumed 
that 
the 
petitioner 
would 
create 
a 
situation of jeopardy for the child if the adoption were granted 
and that the adoption is not in the best interest of the child. 
The petitioner may produce evidence to rebut the presumption. 
Sec. 2. 19-A MRS A §1653. sub-§6-A, ,A, as amended by PL 2003, 
c. 711, Pt. C, §1, is further amended to read: 
A. 
For the purposes of this section, "child-related sexual 
offense" means the following sexual offenses if, at the time 
of the commission of the offense, the victim was under 18 
years of age: 
(1) 
Sexual exploitation of a minor, under Title 17-A, 
section 282; 
(2) 
Gross sexual assaUlt, under Title l7-A, section 
253; 
(3) 
Sexual abuse of a minor, under Title 17-A, section 
254; 
(4) 
Unlawful sexual contact, under 
~eFmeF Title l7-A, 
section 255-A or former section 255; 
(5) 
Visual sexual aggression against a child, under 
Title 17-A, section 256; 
(6) 
Sexual misconduct with a child under 14 years of 
age, under Title 17-A, section 258; SF 
(6-A) 
Solicitation of a child by computer to commit a 
prohibited act, under Title 17-A, section 259: or 
(7) 
An offense in another jurisdiction, including, but 
not limited to, that of a state, federal, military or 
tribal court, that includes the essential elements of 
an offense listed in subparagraph (1), (2), (3), (4), 
(5) SFL 
(6) or (6-A). 
Page l-LR0429(I) 
Sec. 3. 19-A MRSA §1653. sub-§6-B is enacted to read: 
B. 
Conviction or adjudication for certain sell: offenses...;. 
presumption. 
If the court finds that a person has been convicted 
of an offense listed in subsection 6 A, paragraph A in which the 
victim was under 14 years of age at the time of the offense or 
has been adjudicated in an action under Title 22, chapter 1071 of 
sexually abusing a child under 14 years of age at the time of the 
abuse, it is presumed that the person would create a situation of 
jeopardy for a minor child if the adoption were granted and that 
the adoption is not in the best interest of the child. 
The 
~son seeking primary residence or contact with the child may 
produce evidence to rebut the presumption. 
Sec. 4. 19-A MRSA §1803. sub-§8 is enacted to read: 
8. 
Conviction or adjudication for certain sell: offenses; 
presumption. 
If the court finds that a grandparent has been 
convicted of an offense listed in section 1653, subsection 6-A, 
paragraph A in which the victim was under 14 years of age at the 
time of the offense or has been adjudicated in an action under 
Title 22, chapter 1071 of sexually abusing a child under 14 years 
of 
age at the time of the abuse, it is presumed that the 
grandparent would create a situation of jeopardy for the child if 
the adoption were granted and that the adoption is not in the 
best interest of the child. 
The grandparent seeking contact with 
the child may produce evidence to rebut the presumption. 
Sec. 5. 19-A MRSA §4007, sub-§l, 1JG. as amended by PL 2001, c. 
273, §4, is further amended to read: 
G. 
Either awarding some or all temporary parental rights 
and 
responsibilities 
with 
regard 
to 
minor 
children 
or 
awarding temporary rights of contact with regard to minor 
children, 
or both, 
under 
such conditions that the court 
finds appropriate as determined in accordance with the best 
interest of the child pursuant to section 1653, subsections 
]8 
to 
6-B. 
The court's award of parental rights 
and 
responsibilities or rights of contact is not binding in any 
separate action involving an award of parental rights and 
responsibilities pursuant to chapter 
or in a 
similar 
action 
brought 
in another 
jurisdiction exercising child 
custody jurisdiction in accordance with the Uniform Child 
Custody Jurisdiction and Enforcement Act; 
Sec. 6. 22 MRSA §4005-E. sub-§3 is enacted to read: 
3. 
Conviction or adjudication for certain sel[ offenses; 
presumption. 
If the court finds that a grandparent has been 
convicted of 
an offense listed in Title 19-A, 
section 1653, 
subsection 6-A, 
paragrP.I!h A in which the victim was under 14 
years of age at the time of the offense or has been adjudicated 
in an action under this chapter of sexually abusing a child under 
years of age at the time of the abuse, it is presumed that the 
grandparent would create a situation of jeopardy for the child if 
the adoption were granted and that the adoption is not in the 
best interest of the child. 
The grandparent seeking visitation 
with or access to the child may produce evidence to rebut the 
presumption. 
Sec. 7. 22 MRSA §4036, sub·§6 is enacted to read: 
6. 
Conviction or adjudication for certain sex offenses; 
presumption. 
In ordering 
a disposition under this section, if 
the court finds that a person has been convicted of an offense 
listed in Title 19-A, section 1653, subsection 6-A, paragraph A 
in which the victim was under 14 years of age at the time of the 
offense or has been adjudicated in an action under this chapter 
of sexually abusing a child under 14 years of age at the time of 
the 
abuse, 
it is 
presumed 
that 
the 
person 
would 
create 
a 
situation of jeopardy for the child if the adoption were granted 
and that the adoption is not in the best interest of the child. 
The person seeking-
primary residence or contact with the child 
may produce evidence to rebut the presumption. 
SUMMARY 
This bill provides that when a court finds that a person has 
been convicted of certain sexual offenses in which the victim was 
under 14 years of age, there is a rebuttable presumption that 
that person would create a situation of jeopardy for the child if 
any contact were to be permitted and that any contact is not in 
the best interest of the child. 
The crimes are the same offenses 
for 
which special prov1s1ons 
apply when courts 
are ordering 
custody, contact or primary residence under the adoption laws, 
parental rights and responsibilities laws, grandparent visitation 
laws and the child protective laws. 
Those crimes are sexual 
exploi tation of a minor under the Maine Revised Statutes, Ti tIe 
17-A, section 282; gross sexual assault under Title l7-A, section 
253; 
sexual abuse of 
a minor under Title 17-A, 
section 254; 
unlawful sexual contact under Title l7-A, former section 255 or 
current section 255-A; visual sexual aggression against a child 
under Title l7-A, section 256; sexual misconduct with a child 
under 
years of age under Title l7-A, 
section 258; 
and 
a 
comparable offense in another jurisdiction. 
Also added to the 
list is the crime of solicitation of a child by computer to 
commit 
a 
prohibited act under Title 17-A, 
section 259. 
The 
person seeking the contact, 
custody or primary residence may 
produce evidence to rebut the presumption. 
The 
same 
presumption 
arises 
when 
the 
adjudicated in a child protection action under 
1071 of having sexually abused a child under 
See In re Sarah C., 2004 ME 152. 
person 
has 
been 
Title 22, chapter 
years of age.