An Act To Clarify and Expand Maine Criminal Laws Related to Sexual Assault
Maine Legislature, Session 123, LD 0220
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, SHERMAN, BLANCHETTE, SYKES
Amends: 17-A MRSA §253, 17-A MRSA §254, 17-A MRSA §255-A

Legislative Document 
No. 220 
H.P. 191 
House of Representatives, January 16,2007 
An Act To Clarify and Expand Maine Criminal Laws Related to 
Sexual Assault 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
11'l~ 1I1.1i!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GERZOFSKY of Brunswick. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: BLANCHETTE of Bangor, SYKES of Harrison. 
Printed 011 rel.:Yl.:kd paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §253, sub-§2, ~F, as amended by PL 2001, c. 383, §15 and 
affected by § 156, is further amended to read: 
F. 
The other person, not the actor's spouse, has not in fact attained the age of 18 
years and is a student enrolled in a private or public elementary, secondary or special 
education school, facility or institution and the actor is a teacher, employee or other 
official ha¥ffig who has, or will have, instructional, supervisory or disciplinary 
authority over the student. Violation of this paragraph is a Class C crime; 
Sec. 2. 17-A MRS A §253, sub-§2, ~I, as amended by PL 2001, c. 383, §16 and 
affected by § 156, is further amended to read: 
I. 
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 patient or client for mental 
health therapy of the actor. As used in this paragraph, "mental health therapy" means 
psychotherapy or other treatment modalities intended to change behavior, emotions 
or attitudes, which therapy is based upon an intimate relationship involving trust and 
dependency with a substantial potential for vulnerability and abuse. Violation of this 
paragraph is a Class C crime; ef 
Sec. 3. 17-A MRSA §253, sub-§2, ~J, as corrected by RR 2003, c. 2, §25, is 
amended to read: 
J. 
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 the 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 C 
crime~.;",QI 
Sec. 4. 17-A MRSA §253, sub-§2, ~K is enacted to read: 
K. 
The other person, not the actor's spouse, has not in fact attained the age of 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 is a law enforcement 
officer having law enforcement authority in the jurisdiction in which the other person 
is enrolled or resides. Violation of this paragraph is a Class C crime. 
Sec. 5. 17-A MRS A §254, sub-§l, ~C, as amended by PL 2001, c. 383, §21 and 
affected by § 156, is further amended to read: 
C. 
The person is at least 21 years of age and engages in a sexual act with another 
person, not the actor's spouse, who is either 16 or 17 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 is, or will be, 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; 
Sec. 6. 17-A MRS A §254, suh-§I, ~, as amended by PL 2003, c. 138, §2, is 
further amended to read: 
E. 
The person violates paragraph C and the actor is at least 10 years older than the 
student. Violation of this paragraph is a Class D crime; 9f 
Sec. 7. 17-A MRSA §254, sub-§I, ~F, as enacted by PL 2003, c. 138, §3, is 
amended to read: 
F. 
The person intentionally subjects another person, not the actor's spouse, who is 
either 14 or 15 years of age to any sexual contact and the actor is at least 10 years 
older than the other person. Violation of this paragraph is a Class D crime~,;.,QI 
Sec. 8. 17-A MRSA §254, sub-§I, ~G is enacted to read: 
G. 
The person is at least 21 years of age and engages in a sexual act with another 
person, not the actor's spouse, who is either 16 or 17 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 is a law enforcement officer having law 
enforcement authority in the jurisdiction in which the other person is enrolled or 
resides. Violation of this paragraph is a Class E crime. 
Sec. 9. 17-A MRSA §255-A, sub-§I, ~S, as amended by PL 2005, c. 450, §1, is 
further 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, or will 
~ 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; 
Sec. 10. 17-A MRS A §255-A, sub-§I,~, as amended by PL 2005, c. 450, §1, 
is further amended to 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, or will 
~ 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 crime; 
Sec. 11. 17-A MRSA §255-A, sub-§l, ~, as enacted by PL 2005, c. 450, §2, is 
amended to read: 
U. 
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 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; ef 
Sec. 12. 17-A MRSA §255-A, suh-§I,~, as enacted by PL 2005, c. 450, §2, is 
amended to read: 
V. 
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 patient or client of the actor 
for mental health therapy and the sexual contact includes penetration. 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 C crime~~ 
Sec. 13. 17-A MRSA §255-A, sub-§I, ~ 
is enacted to read: 
W. 
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 law 
enforcement officer having law enforcement authority in the jurisdiction in which the 
other person is enrolled or resides. Violation of this paragraph is a Class E crime; or 
Sec. 14. 17-A MRSA §255-A, suh-§I, ~ 
is enacted to read: 
X. 
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 law 
enforcement officer having law enforcement authority in the jurisdiction in which the 
other person is enrolled or resides and the sexual contact includes penetration. 
Violation of this paragraph is a Class D crime. 
SUMMARY 
The bill clarifies and expands criminal laws relating to sexual assault in which the 
victim of the crime is a student at a private or public elementary, secondary or special 
education school, facility or institution and the perpetrator of the crime either is, or will 
be, a teacher, employee or other official where the victim is enrolled or is a law 
enforcement officer where the student resides or is enrolled.