An Act To Require a Person Who Commits a Sex Offense against a Dependent or Incapacitated Adult To Register under the Sex Offender Registration and Notification Act of 1999
Maine Legislature, Session 125, LD 0624
Committee Amendment CA_A_S286 (Senate)
Amends: 17-A MRSA §253, 17-A MRSA §255-A, 17-A MRSA §260, 34-A MRSA §11203

COMMITTEE AMENDMENT " A " to S.P. 205, L.D. 624, Bill, "An Act To 
Require a Person Who Commits a Sex Offense against a Dependent or Incapacitated 
Adult To Register under the Sex Offender Registration and Notification Act of 1999" 
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, §16 and 
affected by §156, is further amended to read: 
1. 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. 2. 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 
cnme';"~ 
Sec. 3. 17-A MRSA §253, sub-§2, "K and L are enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 205, L.D. 624 
K. 
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 suffers from a mental 
disability that is reasonably apparent or known to the actor. 
Violation of this 
paragraph is a Class C crime; or 
L. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect. For the purposes of 
this paragraph, "domestic partners" means 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare. Violation of this paragraph is a 
Class C crime. 
Sec. 4. 17-A MRSA §255-A, sub-§l, '~-1 and R-2 are enacted to read: 
R-l. 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 suffers from a mental 
disability that is reasonably apparent or known to the actor. 
Violation of this 
paragraph is a Class D crime; 
R-2. 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 suffers from a mental 
disability that is reasonably apparent or known to the actor and the sexual contact 
includes penetration. Violation of this paragraph is a Class C crime; 
Sec. 5. 17-A MRSA §255-A, sub-§l, ,,-u and V, as enacted by PL 2005, c. 
450, §2, are 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 
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 crime7~ 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 205, L.D. 624 
Sec. 6. 17-A MRSA §255-A, sub-§l,~,-w and X are enacted to read: 
W. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect. For the purposes of 
this paragraph, "domestic partners" means 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare. Violation of this paragraph is a 
Class D crime; or 
X. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect and the sexual contact 
includes penetration. For the purposes of this paragraph, "domestic partners" means 
unmarried adults who are domiciled together under a long-term arrangement that 
evidences a commitment to remain responsible indefinitely for each other's welfare. 
Violation ofthis paragraph is a Class C crime. 
Sec. 7. 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; ef 
Sec. 8. 17-A MRS A §260, sub-§l, ~K, 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~~ 
Sec.9. 17-A MRSA §260, sub-§l, ~~ and M are enacted to read: 
L. 
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 suffers from a mental 
disability that is reasonably apparent or known to the actor. 
Violation of this 
paragraph is a Class D crime; or 
M. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect. For the purposes of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 205, L.D. 624 
this paragraph, "domestic partners" means 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare. Violation of this paragraph is a 
Class D crime. 
Sec. 10. 34-A MRSA §11203, sub-§6-A is enacted to read: 
6-A. Sex offense; after October 1,2011. For persons convicted and sentenced on 
or after October 1, 2011, "sex offense" means, in addition to the offenses listed in 
subsection 6, a conviction for one of the following offenses or for an attempt or 
solicitation of one of the following offenses, without regard to the age of the victim: 
A. Title 17-A, section 253, subsection 2, paragraphs J, K and L and Title 17-A, 
section 255-A, subsection 1, paragraphs C, G, 0, R, R-l, R-2, Wand X; 
B. A violation in another jurisdiction that includes the essential elements of an 
offense listed in paragraph A; or 
C. 
A conviction for a military, tribal or federal offense requiring registration 
pursuant to: 
0) The Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Act, also known as the Jacob Wetterling Act, Section 
170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public 
Law 103-322, as amended; or 
(2) The Adam Walsh Child Protection and Safety Act of 2006, Public Law 
109-248.' 
SUMMARY 
This amendment replaces the bill. 
The amendment crimina1izes sexual conduct 
between incapacitated adults and caregivers that is not already criminal. Specifically, the 
amendment creates new versions of gross sexual assault, unlawful sexual contact and 
unlawful sexual touching. 
This amendment criminalizes conduct that is committed 
against a person who has a mental disability that is reasonably apparent or is known to the 
actor. The amendment codifies this misconduct in situations where the person with the 
mental disability either is cared for in a facility licensed or funded by the Department of 
Health and Human Services or is cared for by a person privately employed to do so. The 
amendment recognizes that there are other incapacitated adults who may not have mental 
retardation but are vulnerable to sexual abuse. 
The amendment also expands the list of sex offenses for which a person must register 
under the Sex Offender Registration and Notification Act of 1999. Specifically, the 
amendment directs persons to register for 10 years if convicted and sentenced on or after 
October 1, 2011 of a sex offense, which includes, in addition to the offenses listed in the 
Maine Revised Statutes, Title 34-A, section 11203, subsection 6, a conviction for one of 
the following offenses or for an attempt or solicitation of one of the following offenses, 
without regard to the age of the victim: Title 17-A, section 253, subsection 2, paragraphs 
J, K and L and Title 17-A, section 255-A, subsection 1, paragraphs C, G, Q, R, R-1, R-2, 
Wand X. 
meAL NOTE REQUIRED ". 
f!ee atU1che~}, 
COMMITTEE AMENDMENT 
Approved: 06/07/11 
;:b/aC':.. 
LD624 
LR 150(02) 
An Act To Require a Person Who Commits a Sex Offense against a Dependent or Incapacitated Adult 
To Register under the Sex Offender Registration and Notification Act of 1999 
Fiscal Note for Bill as Amended by Committee Amendment "A" ~ - 2. ~ 
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 and Class D crimes; increases correctional and judicial costs 
Fiscal Detail and Notes 
The General Fund cost to incarcerate individual convicted of the new crimes contained in this bill can not be estimated 
at this time. The number of cases that may be prosecuted under these new offenses is estimated to be one to two every 
five years. 
LR0150(02) - Fiscal Note - Page 1 of 1