An Act To Clarify and Expand Maine Criminal Laws Related to Sexual Assault
Maine Legislature, Session 123, LD 0220
Committee Amendment CA_A_H93 (House)
Amends: 17-A MRSA §253, 17-A MRSA §254, 17-A MRSA §255-A, 17-A MRSA §260

COMMITTEE AMENDMENT" ,11" to H.P. 191, L.D. 220, Bill, "An Act To 
Clarify and Expand Maine Criminal Laws Related to Sexual Assault" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §253, sub-§2, ~, 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 having instructional, supervisory or disciplinary authority over the student. 
Violation of this paragraph is a Class C crime. It is not a defense to prosecution 
under this paragraph that the conduct occurred during a school vacation or summer 
recess if the actor maintained the status described in this paragraph immediately prior 
to the vacation or recess; 
Sec.2. 17-A MRSA §253, sub-§2, ~G, as amended by PL 2001, c. 383, §15 and 
affected by § 156, is further amended to read: 
G. 
The other person, not the actor's spouse, has not attained the age of 18 years and 
is a resident in or attending a children's home, day care facility, residential child care 
facility, drug treatment center, camp or similar school, facility or institution regularly 
providing care or services for children, and the actor is a teacher, employee or other 
person having instructional, supervisory or disciplinary authority over the other 
person. Violation of this paragraph is a Class C crime. It is not a defense to 
prosecution under this paragraph that the conduct occurred during a school vacation 
or summer recess if the actor maintained the status described in this paragraph 
immediately prior to the vacation or recess; 
Sec. 3. 17-A MRSA §253, sub-§2, ~, as amended by PL 2001, c. 383, § 16 and 
affected by § 156, is further amended to read: 
COMMITTEE AMENDMENT 
,t>. 
". 
COMMITTEE AMENDMENT" A" to H.P. 191, L.D. 220 
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. 4. 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~; or 
Sec. 5. 17-A MRSA §253, sub-§2, ~ 
is enacted to read: 
K. The other person, not the actor's spouse, has· not in fact attained 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 who 
is an employee of or is assigned to perform duties at the private or public elementary, 
secondary or special education school, facility or institution. 
Violation of this 
paragraph is a Class C crime. It is not a defense to prosecution under this paragraph 
that the conduct occurred during a school vacation or summer recess if the actor 
maintained the status described in this paragraph immediately prior to the vacation or 
recess. 
Sec. 6. 17-A MRSA §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 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. It is not a 
defense to prosecution under this paragraph that the conduct occurred during a school 
vacation or summer recess if the actor maintained the status described in this 
paragraph immediately prior to the vacation or recess; 
Sec. 7. 17-A MRSA §254, sub-§l, ~, as amended by PL 2003, c. 138, §2, is 
further amended to read: 
COMMITTEE AMENDMENT 
,i" 
COMMITTEE AMENDMENT" A " 
to H.P. 191, L.D. 220 
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; at' 
Sec. 8. 17-A MRSA §254, sub-§l, ~, 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";; or 
Sec. 9. 17-A MRSA §254, sub-§l, ~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 who is an employee of 
or is assigned to perform duties at the private or public elementary, secondary or 
special education school, facility or institution. Violation of this paragraph is a Class 
E crime. It is not a defense to prosecution under this paragraph that the conduct 
occurred during a school vacation or summer recess if the actor maintained the status 
described in this paragraph immediately prior to the vacation or recess. 
Sec. 10. 17-A MRSA §255-A, sub-§l,~, as enacted by PL 2001, c. 383, §23 
and affected by § 156, is amended to read: 
K. 
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 is a teacher, employee or other official 
having instructional, supervisory or disciplinary authority over the student. Violation 
of this paragraph is a Class D crime. It is not a defense to prosecution under this 
paragraph that the conduct occurred during a school vacation or summer recess if the 
actor maintained the status described in this paragraph immediately prior to the 
vacation or recess; 
Sec. 11. 17-A MRSA §255-A, sub-§l,~, as enacted by PL 2001, c. 383, §23 
and affected by § 156, is amended to read: 
L. 
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 is a teacher, employee or other official 
having instructional, supervisory or disciplinary authority over the student and the 
sexual contact includes penetration. Violation of this paragraph is a Class C crime~ 
is not a defense to prosecution under this paragraph that the conduct occurred during 
a school vacation or summer recess if the actor maintained the status described in this 
paragraph immediately prior to the vacation or recess; 
Sec. 12. 17-A MRSA §255-A, sub-§l, ~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 a 
COMMITTEE AMENDMENT 
\\. .... 
COMMITTEE AMENDMENT" A " 
to H.P. 191, L.D. 220 
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. It is not a defense to prosecution under this paragraph 
that the conduct occurred during a school vacation or summer recess if the actor 
maintained the status described in this paragraph immediately prior to the vacation or 
recess; 
Sec. 13. 17-A MRSA §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 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. It is not 
a defense to prosecution under this paragraph that the conduct occurred during a 
school vacation or summer recess if the actor maintained the status described in this 
paragraph immediately prior to the vacation or recess; 
Sec. 14. 17-A MRSA §255-A, sub-§I, ~, 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. 15. 17-A MRSA §255-A, sub-§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 ofthis paragraph is a Class C crime~~ 
Sec. 16. 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 who is an employee of or is assigned to perform duties at the 
private or public elementary, secondary or special education school, facility or 
COMMITTEE AMENDMENT 
.~. 
\\. 
COMMITTEE AMENDMENT" A " 
to H.P. 191, L.D. 220 
institution. Violation of this paragraph is a Class E crime. It is not a defense to 
prosecution under this paragraph that the conduct occurred during a school vacation 
or summer recess if the actor maintained the status described in this paragraph 
immediately prior to the vacation or recess. 
Sec. 17. 17-A MRSA §260, sub-§l, ~, as enacted by PL 2003, c. 138, §5, is 
amended to read: 
F. 
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 is a teacher, employee or other official 
having instructional, supervisory or disciplinary authority over the student. Violation 
of this paragraph is a Class D crime. It is not a defense to prosecution under this 
paragraph that the conduct occurred during a school vacation or summer recess if the 
actor maintained the status described in this paragraph immediately prior to the 
vacation or recess; 
Sec. 18. 17-A MRSA §260, sub-§l, ~J, as amended by PL 2005, c. 450, §4, is 
further amended to read: 
J. 
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. It is not a defense to prosecution under this paragraph 
that the conduct occurred during a school vacation or summer recess if the actor 
maintained the status described in this paragraph immediately prior to the vacation or 
recess; ffi' 
Sec. 19. 17-A MRSA §260, sub-§l, ~, as enacted by PL 2005, c. 450, §5, is 
amended 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 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-o;...QI 
Sec. 20. 17-A MRSA §260, sub-§l, ~ 
is enacted to read: 
L. 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 is a law enforcement officer who is an 
employee of or is assigned to perform duties at the private or public elementary, 
secondary or special education school, facility or institution. 
Violation of this 
paragraph is a Class D crime. It is not a defense to prosecution under this paragraph 
that the conduct occurred during a school vacation or summer recess if the actor 
COMMITTEE AMENDMENT 
""-~. 
COMMITTEE AMENDMENT" A " 
to H.P. 191, L.D. 220 
maintained the status described in this paragraph immediately prior to the vacation or 
recess.' 
SUMMARY 
This amendment replaces the bill. The amendment clarifies that for purposes of 
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, the law 
recognizes that a teacher or other school employee's instructional, supervisory or 
disciplinary authority over the student does not disappear during school vacations and 
summer recess. The teacher or other school employee may not raise as a defense to 
prosecution that the conduct occurred during a school vacation or summer recess if the 
teacher or other school employee maintained that status immediately prior to the vacation 
or recess. The amendment also specifies that the same standards be applied to law 
enforcement officers who are employees of or are assigned to perform duties at a private 
or public elementary, secondary or special education school, facility or institution. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/26/07 
~ac:. 
LD220 
LR 495(02) 
An Act To Clarify and Expand Maine Criminal Laws Related to Sexual Assault 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class C, D and E crimes; increases correctional and judicial costs 
LR0495(02) - Fiscal Note - Page I of I