An Act To Change the Statutes of Limitations on Prosecution for Crimes of Sexual Abuse and for Civil Actions for Sexual Abuse When the Actor Is a Person in a Position of Authority
Maine Legislature, Session 125, LD 1825
Committee: Criminal Justice and Public Safety
Sponsors: HASKELL, SAVIELLO, KNAPP, MONAGHAN-DERRIG
Amends: 14 MRSA §752-F, 17-A MRSA §8

Legislative Document 
No. 1825 
H.P. 1346 
House of Representatives, February 16, 2012 
An Act To Change the Statutes of Limitations on Prosecution for 
Crimes of Sexual Abuse and for Civil Actions for Sexual Abuse 
When the Actor Is a Person in a Position of Authority 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HASKELL of Portland. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: KNAPP of Gorham, MONAGHAN-DERRIG of Cape Elizabeth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §752-F is enacted to read: 
§752-F.  Sexual act by person with authority 
1.  No limitation.  A civil action based upon a sexual act may be commenced at any 
time if that sexual act is committed or engaged in by an actor who is: 
A.  A teacher, employer or other official having instructional, supervisory or 
disciplinary authority over the other person; or  
B.  A psychiatrist or psychologist or licensed as a social worker or purports to the 
other person to be a psychiatrist or psychologist or licensed as a social worker and the 
other person, not the actor's spouse, is a patient or client of the actor for mental health 
therapy. 
2.  Sexual act defined.  For purposes of this section, "sexual act" means: 
A.  A sexual act as defined in Title 17-A, section 251, subsection 1, paragraph C; or 
B.  Sexual contact as defined in Title 17-A, section 251, subsection 1, paragraph D. 
Sec. 2.  17-A MRSA §8, sub-§2, as amended by PL 1999, c. 438, §2, is further 
amended to read: 
2.   Prosecutions Except as provided in subsection 2-A, prosecutions for crimes other 
than murder or criminal homicide in the first or 2nd degree, or, if the victim had not 
attained the age of 16 years at the time of the crime, prosecutions for: incest; unlawful 
sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly 
denominated as gross sexual misconduct, are subject to the following periods of 
limitations: 
A.  A prosecution for a Class A, Class B or Class C crime must be commenced within 
years after it is committed; and 
B.  A prosecution for a Class D or Class E crime must be commenced within 3 years 
after it is committed. 
Sec. 3.  17-A MRSA §8, sub-§2-A is enacted to read: 
2-A.  A prosecution for a crime involving unlawful sexual touching, unlawful sexual 
contact, sexual abuse of a minor, rape or gross sexual assault must be commenced within 
years after it is committed if the actor is a teacher, employer or other official having 
instructional, supervisory or disciplinary authority over the other person or is a 
psychiatrist or psychologist or is licensed as a social worker or purports to the other 
person to be a psychiatrist or a psychologist or licensed as a social worker and the other 
person, not the actor's spouse, is a patient or client of the actor for mental health therapy. 
SUMMARY 
This bill: 
1.  Provides that a civil action based upon a sexual act that is committed or engaged 
in by an actor who has certain authority over the other person may be commenced at any 
time; and 
2.  Extends to 10 years the statute of limitations on prosecutions for crimes involving 
unlawful sexual touching, unlawful sexual contact, sexual abuse of a minor, rape or gross 
sexual assault if the actor has certain authority over the victim.