An Act To Create Child Safe Zones and To Increase the Use of Electronic Monitoring of High-risk Sex Offenders
Maine Legislature, Session 123, LD 1491
Committee Amendment CA_A_S256 (Senate)

COMMITTEE AMENDMENT "~ " to S.P. 518, L.D. 1491, Bill, "An Act To 
Create Child Safe Zones and To Increase the Use of Electronic Monitoring of High-risk 
Sex Offenders" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit Unauthorized Contact of Persons Convicted of Sex 
Offenses against Persons under 14 Years of Age with Persons under 14 Years 
of Age' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRS A §261 is enacted to read: 
§261. Prohibited contact with a minor; sex offender restricted zone 
1. A person is guilty of prohibited contact with a minor if that person: 
A. Has previously been convicted of an offense under this chapter or chapter 12 
against another person who had not in fact attained 14 years of age or has previously 
been convicted in another jurisdiction for conduct substantially similar to that 
contained in this chapter or chapter 12 against another person who had not in fact 
attained 14 years of age; 
B. Has a duty to register under Title 34-A, chapter 15, subchapters 1 and 2; and 
C. Intentionally or knowingly has direct or indirect contact with another person who 
has not in fact attained 14 years of age. 
Violation of this subsection is a Class E crime. 
2. A person is guilty of prohibited contact with a minor in a sex offender restricted 
1 
zone if that person: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ':,4 " to S.P. 518, L.D. 1491 
A. Has previously been convicted of an offense under this chapter or chapter 12 
against another person who had not in fact attained 14 years of age or has previously 
been convicted in another jurisdiction for conduct substantially similar to that 
contained in this chapter or chapter 12 against another person who had not in fact 
attained 14 years of age; 
B. Has a duty to register under Title 34-A, chapter 15, subchapters 1 and 2; and 
C. Intentionally or knowingly has any direct or indirect contact in a sex offender 
restricted zone with another person who has not in fact attained 14 years of age. 
Violation of this subsection is a Class D crime. 
3. It is an affirmative defense to prosecution under this section that the parent, foster 
parent, guardian or other similar person responsible for the person who had not in fact 
attained 14 years of age, knowing the conviction status described in subsections 1 and 2, 
gave consent that the defendant initiate, have or continue direct or indirect contact. It is 
also an affirmative defense to prosecution under this section that any contact is incidental 
to and directly related to the defendant's employment. 
4. For purposes of this section, "sex offender restricted zone" means the real property 
comprising a public or private elementary or middle school; the real property comprising 
a child care center, a child care facility, a day care operated by a family child care 
provider, a nursery school or a small child care facility as defined under Title 22, section 
I-A; or an athletic field, park, playground, recreational facility, children's camp or 
other place where children are the primary users.' 
SUMMARY 
This amendment changes the title and replaces the bill. The amendment creates a 
new Class E crime of prohibited contact with a minor. A person is guilty of prohibited 
contact with a minor if that person has previously been convicted of an offense under the 
Maine Revised Statutes, Title 17-A, chapter 11 or 12 against another person who had not 
in fact attained 14 years of age or has previously been convicted in another jurisdiction 
for conduct substantially similar to that contained in those chapters against another person 
who had not in fact attained 14 years of age and if that person has a duty to register as a 
10-year or lifetime registrant under Title 34-A, chapter 15, subchapters 1 and 2 and that 
person intentionally or knowingly has direct or indirect contact with another person who 
has not in fact attained 14 years of age. 
The amendment also creates a new Class D crime of prohibited contact with a minor 
in a sex offender restricted zone if a person has previously been convicted of an offense 
under Title 17 -A, chapter 11 or 12 against another person who had not in fact attained 14 
years of age or has previously been convicted in another jurisdiction for conduct 
substantially similar to that contained in those chapters against another person who had 
not in fact attained 14 years of age and if that person has a duty to register as a 10-year or 
lifetime registrant under Title 34-A, chapter 15 and that person intentionally or 
knowingly has any direct or indirect contact in a sex offender restricted zone with another 
person who has not in fact attained 14 years of age. For purposes of this new crime, "sex 
offender restricted zone" means the real property comprising a public or private 
elementary or middle school; the real property comprising a child care center, a child care 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to S.P. 518, L.D. 1491 
facility, a day care operated by a family child care provider, a nursery school or a small 
child care facility as defined under Title 22, section 8301-A; or an athletic field, park, 
playground, recreational facility, children's camp or other place where children are the 
primary users. 
Because an element of both of these new crimes includes that the person has a duty to 
register under Title 34-A, chapter 15, subchapter 1 and 2, once a person no longer has a 
duty to register, a person cannot be guilty of these new crimes of prohibited contact with 
a minor or prohibited contact with a minor in a sex offender restricted zone. 
It is an affirmative defense to prosecution that the parent, foster parent, guardian or 
other similar person responsible for the person who had not in fact attained 14 years of 
age knowingly granted the defendant permission to initiate, have or continue direct or 
indirect contact. It is also an affirmative defense to prosecution that the contact was 
incidental to and directly related to employment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/07 
;:IdCZc.-
LD 1491 
LR 2350(02) 
An Act To Create Child Safe Zones and To Increase the Use of Electronic Monitoring of High-risk Sex 
Offenders 
Fiscal Note for Bill as Amended by Committee Amendment '/4 " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Increases costs to county jails 
Correctional and Judicial Impact Statements 
This bill establishes new Class D and E crimes. Sentences for Class D and E crimes must be served in county jail. 
The average cost to a county for each Class D sentence is $6,795 based on an average length of stay of 62 days. The 
average cost to a county for each Class E sentence is $2,959 based on an average length of stay of27 days. The 
collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2350(02) - Fiscal Note - Page 1 of 1