An Act To Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses against Victims under 12 Years of Age
Maine Legislature, Session 123, LD 0046
Committee: Criminal Justice and Public Safety
Sponsors: CEBRA, CHASE, COURTNEY, MITCHELL, DIAMOND, CROSTHW AITE, FLETCHER, HAMPER, LANSLEY, ROBINSON, SA VIELLO, TARDY, THOMAS
Amends: 17-A MRSA §1231, 17-A MRSA §1252

Legislative Document 
No. 46 
H.P.44 
House of Representatives, January 9, 2007 
An Act To Create Mandatory Minimum Sentences for Persons 
Convicted of Certain Sex Offenses against Victims under 12 Years 
of Age 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CEBRA of Naples . 
17/~1n·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative CHASE of Wells, Senators: COURTNEY of York, 
MITCHELL of Kennebec, Senator DIAMOND of Cumberland and 
Representatives: CROSTHW AITE of Ellsworth, FLETCHER of Winslow, HAMPER of 
Oxford, LANSLEY of Sabattus, ROBINSON of Raymond, SA VIELLO of Wilton, TARDY of 
Newport, THOMAS of Ripley. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1231, sub-§2, ~, as amended by PL 2005, c. 673, §2, is 
further amended to read: 
B. 
For a person not sentenced under section 1252, slibsections subsection 4-B eF~ 4-
E or 4-F, a period not to exceed 10 years for a Class A violation of section 253 and a 
period not to exceed 6 years for a Class B or Class C violation of section 253; and 
Sec. 2. 17-A MRSA §1252, sub-§4-E, as enacted by PL 2005, c. 673, §4, is 
amended to read: 
4-E. 
If the State pleads and proves that a crime under section 253 was committed 
against a person who had not yet attained 12 years of age, the court, notwithstanding 
subsection 2, shall impose a definite term of imprisonment for any tenn of at least 25 
years, none of which may be suspended. In detennining the basic tenn of imprisonment 
as the first step in the sentencing process, the COlirt shall select a tenn of at least 20 years. 
Sec.3. 17-A MRSA §1252, sub-§4-F is enacted to read: 
4-F. If the State pleads and proves that a crime under section 253 was committed 
against a person who had not yet attained 12 years of age and that the defendant had 
previously been convicted and sentenced for committing gross sexual assault, formerly 
denominated as gross sexual misconduct, or rape, or conduct substantially similar to one 
of these crimes that is a crime under the laws of the United States or any other state, 
against a person who had not yet attained 12 years of age, the court, notwithstanding 
subsection 2, shall impose a term of imprisonment of life, none of which may be 
suspended. 
SUMMARY 
This bill changes the sentence for gross sexual assault against a victim who is under 
years of age to a period of imprisonment of 25 years, none of which may be 
suspended. If the defendant had previously been convicted and sentenced for committing 
gross sexual assault, rape or gross sexual misconduct against a person who is under 12 
years of age, the court must impose a sentence of life imprisonment, none of which may 
be suspended. 
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