An Act To Adjust Certain Age Limits in the Laws Concerning Sex Offenses To Further Protect Minors
Maine Legislature, Session 125, LD 0508
Committee: Criminal Justice and Public Safety
Sponsors: TUTTLE
Amends: 17-A MRSA §261, 30-A MRSA §3014

Legislative Document 
No. 508 
H.P. 401 
House of Representatives, February 14, 2011 
An Act To Adjust Certain Age Limits in the Laws Concerning Sex 
Offenses To Further Protect Minors 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative TUTTLE of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §261, as amended by PL 2009, c. 211, Pt. B, §16 and c. 365, 
Pt. A, §§1 and 2, is further amended to read: 
§261.  Prohibited contact with a minor; sex offender restricted zone 
1.  A person is guilty of prohibited contact with a minor if that person: 
A.   Was convicted on or after June 30, 1992 of an offense under this chapter or 
chapter 12 against another person who had not in fact attained 14 16 years of age or 
was convicted on or after June 30, 1992 in another jurisdiction for conduct 
substantially similar to that contained in this chapter or chapter 12 against another 
person who had not in fact attained 14 16 years of age; and 
C.  Intentionally or knowingly initiates direct or indirect contact with another person 
who has not in fact attained 14 16 years of age. 
Violation of this subsection is a Class E crime. 
2.  A person is guilty of prohibited contact with a minor in a sex offender restricted 
zone if that person: 
A.   Was convicted on or after June 30, 1992 of an offense under this chapter or 
chapter 12 against another person who had not in fact attained 14 16 years of age or 
was convicted on or after June 30, 1992 in another jurisdiction for conduct 
substantially similar to that contained in this chapter or chapter 12 against another 
person who had not in fact attained 14 16 years of age; and 
C.  Intentionally or knowingly initiates direct or indirect contact in a sex offender 
restricted zone with another person who has not in fact attained 14 16 years of age. 
Violation of this subsection is a Class D crime. 
3.  It is an affirmative defense to prosecution under this section that the parent, foster 
parent, guardian or other similar person responsible for the person who had not in fact 
attained 14 16 years of age, knowing the conviction status described in subsections 1 and 
2, gave consent that the defendant initiate, have or continue direct or indirect contact.  It 
is also an affirmative defense to prosecution under this section that any contact is 
incidental to and directly related to the defendant's employment. 
4.  For purposes of this section, "sex offender restricted zone" means the real property 
comprising a public or private elementary or middle school; the real property comprising 
a child care center, a child care facility, a day care operated by a family child care 
provider, a nursery school or a small child care facility as defined under Title 22, section 
8301-A; or an athletic field, park, playground, recreational facility, youth camp licensed 
under Title 22, section 2495 or other place where children are the primary users. 
Sec. 2.  30-A MRSA §3014, sub-§2, as reallocated by RR 2009, c. 1, §21, is 
amended to read: 
2.  Residency restriction ordinance.  A municipality may adopt an ordinance 
regarding residency restrictions for persons convicted of Class A, B or C sex offenses 
committed against persons who had not attained 14 16 years of age at the time of the 
offense.  Any such ordinance is limited as follows. 
A.  An ordinance may restrict only residence.  It may not impose additional 
restrictions or requirements, including, but not limited to, registration and fees. 
B.  A municipality may prohibit residence by a sex offender up to a maximum 
distance of 750 feet surrounding the real property comprising a public or private 
elementary, middle or secondary school or up to a maximum distance of 750 feet 
surrounding the real property comprising a municipally owned property where 
children are the primary users. 
C.  An ordinance may not restrict the residence of a person who lived in an area 
restricted pursuant to paragraph B prior to the adoption or amendment of the 
ordinance. 
D.  An ordinance may not be premised on a person's obligation to register pursuant to 
Title 34-A, chapter 15. 
SUMMARY 
This bill increases the maximum age of the victim in the crime of prohibited contact 
with a minor and in the provision regarding municipal ordinances for sex offender 
restricted zones.  Specifically, regarding the crime of prohibited contact with a minor, the 
bill prohibits a person from intentionally or knowingly initiating direct or indirect contact 
with another person who has not in fact attained 16 years of age if the person was 
convicted on or after June 30, 1992 of an offense under the Maine Revised Statutes, Title 
17-A, chapter 11 or 12 against another person who had not in fact attained 16 years of age 
or was convicted on or after June 30, 1992 in another jurisdiction for conduct 
substantially similar to that contained in those chapters against another person who had 
not in fact attained 16 years of age.  The current law prohibits intentionally initiating such 
contact with a person under 14 years of age. 
Regarding the municipal ordinances for sex offender restricted zones, the bill 
provides that a municipality may adopt an ordinance regarding residency restrictions for 
persons convicted of Class A, B or C sex offenses committed against persons who had 
not attained 16 years of age at the time of the offense if the municipality meets all other 
conditions of Title 30-A, section 3014.  The current law allows the imposition of 
residency restrictions for persons who committed sex offenses against a person under 14 
years of age.