An Act To Increase the Penalty for Sexual Abuse by Certain Offenders
Maine Legislature, Session 125, LD 1392
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND
Amends: 17-A MRSA §251, 17-A MRSA §253, 17-A MRSA §254, 17-A MRSA §255-A, 17-A MRSA §256, 17-A MRSA §258, 17-A MRSA §259, 17-A MRSA §260, 17-A MRSA §261, 17-A MRSA §281, 17-A MRSA §282, 17-A MRSA §283, 17-A MRSA §284

Legislative Document 
No. 1392 
S.P. 432 
In Senate, April 5, 2011 
An Act To Increase the Penalty for Sexual Abuse by Certain 
Offenders 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §251, sub-§1, ¶H is enacted to read: 
H.  "Family or household member" means a parent, stepparent, legal guardian, 
sibling, stepsibling, grandparent, stepgrandparent, spouse, former spouse, child, 
stepchild, cousin, stepcousin, niece, stepniece, nephew, stepnephew, uncle, stepuncle, 
aunt or stepaunt of the victim or a person who bears an equally significant 
relationship with the victim or a person who was living in the household of the victim 
or who previously had lived in the household of the victim or who has care and 
custody of the victim. 
Sec. 2.  17-A MRSA §251, sub-§1, ¶I is enacted to read: 
I.  "Position of authority" means a position in which a person: 
(1)  Has supervisory or disciplinary authority over a probationer, parolee, sex 
offender on supervised release, prisoner on supervised community confinement 
status or juvenile on community reintegration status, not the person's spouse, or 
over a probationer, parolee, sex offender, prisoner or juvenile, not the person's 
spouse, who is detained in a hospital, prison or other institution; 
(2)  Is a teacher, employee or other official having instructional, supervisory or 
disciplinary authority over a student, not the person's spouse, who has not in fact 
attained 18 years of age and is enrolled in a private or public elementary, 
secondary or special education school, facility or institution; 
(3)  Is a teacher, employee or other person having instructional, supervisory or 
disciplinary authority over another person, not the person's spouse, who has not 
attained 18 years of age and is a resident in or attending a children's home, day 
care facility, residential child care facility, drug treatment center, youth camp 
licensed under Title 22, section 2495 or similar school, facility or institution 
regularly providing care or services for children; 
(4)  Is a parent, stepparent, foster parent, guardian or other similar person 
responsible for the long-term care and welfare of another person who has not in 
fact attained 18 years of age; 
(5) 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 for another person, 
not the person's spouse, who is a patient or client for mental health therapy. As 
used in this subparagraph, "mental health therapy" means psychotherapy or other 
treatment modalities intended to change behavior, emotions or attitudes, based 
upon an intimate relationship involving trust and dependency with a substantial 
potential for vulnerability and abuse; or 
(6)  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 person'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. 
Sec. 3.  17-A MRSA §253, sub-§8 is enacted to read: 
8.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 or 2 was a family or household member of or in a position of authority over 
the other person, and being a family or household member of or in a position of authority 
over the other person is not an element of the offense: 
A.  Notwithstanding the provisions of section 1252, subsection 2, paragraph A, if the 
person was convicted of a violation of subsection 1, the court shall set a definite term 
of imprisonment not to exceed 40 years; or 
B.  If the person was convicted of a violation of subsection 2, the sentencing class for 
the violation is one class higher than it would otherwise be. 
Sec. 4.  17-A MRSA §254, sub-§5 is enacted to read: 
5.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person, and being a family or household member of or in a position of authority 
over the other person is not an element of the offense, the sentencing class for the 
violation is one class higher than it would otherwise be. 
Sec. 5.  17-A MRSA §255-A, sub-§2 is enacted to read: 
2.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person, and being a family or household member of or in a position of authority 
over the other person is not an element of the offense: 
A.  Notwithstanding the provisions of section 1252, subsection 2, paragraph A, if the 
sentencing class for the violation under subsection 1 is Class A, the court shall set a 
definite term of imprisonment not to exceed 40 years; or 
B.  If the sentencing class for the violation under subsection 1 is other than Class A, 
the sentencing class for the violation is one class higher than it would otherwise be. 
Sec. 6.  17-A MRSA §256, sub-§3 is enacted to read: 
3.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person, the sentencing class for the violation is one class higher than it would 
otherwise be. 
Sec. 7.  17-A MRSA §258, sub-§4 is enacted to read: 
4.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 or 1-A was a family or household member of or in a position of authority 
over the other person, the sentencing class for the violation is one class higher than it 
would otherwise be. 
Sec. 8.  17-A MRSA §259, sub-§4 is enacted to read: 
4.  If the State pleads and proves that the person convicted of a violation of 
subsection 1-A or 1-B was a family or household member of or in a position of authority 
over the other person, the sentencing class for the violation is one class higher than it 
would otherwise be. 
Sec. 9.  17-A MRSA §260, sub-§2 is enacted to read: 
2.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person, and being a family or household member of or in a position of authority 
over the other person is not an element of the offense, the sentencing class for the 
violation is one class higher than it would otherwise be. 
Sec. 10.  17-A MRSA §261, sub-§5 is enacted to read: 
5.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 or 2 was a family or household member of or in a position of authority over 
the other person, the sentencing class for the violation is one class higher than it would 
otherwise be. 
Sec. 11.  17-A MRSA §281, sub-§1-A is enacted to read: 
1-A.  "Family or household member" has the same meaning as in section 251, 
subsection 1, paragraph H. 
Sec. 12.  17-A MRSA §281, sub-§3-A is enacted to read: 
3-A.  "Position of authority" means a position in which a person: 
A.  Has supervisory or disciplinary authority over a probationer, parolee, sex offender 
on supervised release, prisoner on supervised community confinement status or 
juvenile on community reintegration status, not the person's spouse, or over a 
probationer, parolee, sex offender, prisoner or juvenile, not the person's spouse, who 
is detained in a hospital, prison or other institution; 
B.  Is a teacher, employee or other official having instructional, supervisory or 
disciplinary authority over a student, not the person's spouse, who is a minor and is 
enrolled in a private or public elementary, secondary or special education school, 
facility or institution; 
C.  Is a teacher, employee or other person having instructional, supervisory or 
disciplinary authority over another person, not the person's spouse, who is a minor 
and is a resident in or attending a children's home, day care facility, residential child 
care facility, drug treatment center, youth camp licensed under Title 22, section 2495 
or similar school, facility or institution regularly providing care or services for 
children; 
D.  Is a parent, stepparent, foster parent, guardian or other similar person responsible 
for the long-term care and welfare of another person who is a minor; 
E.  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 for another person, not the 
person's spouse, who is a patient or client 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, based upon an intimate 
relationship involving trust and dependency with a substantial potential for 
vulnerability and abuse; or 
F.  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 person'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. 
Sec. 13.  17-A MRSA §282, sub-§3 is enacted to read: 
3.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person, and being a family or household member of the other person is not an 
element of the offense: 
A.  Notwithstanding the provisions of section 1252, subsection 2, paragraph A, if the 
sentencing class for the violation under subsection 1 is Class A, the court shall set a 
definite term of imprisonment not to exceed 40 years; or 
B.  If the sentencing class for the violation under subsection 1 is other than Class A, 
the sentencing class for the violation is one class higher than it would otherwise be. 
Sec. 14.  17-A MRSA §283, sub-§4 is enacted to read: 
4.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person: 
A.  Notwithstanding the provisions of section 1252, subsection 2, paragraph A, if the 
sentencing class for the violation under subsection 1 is Class A, the court shall set a 
definite term of imprisonment not to exceed 40 years; or 
B.  If the sentencing class for the violation under subsection 1 is other than Class A, 
the sentencing class for the violation is one class higher than it would otherwise be. 
Sec. 15.  17-A MRSA §284, sub-§6 is enacted to read: 
6.  If the State pleads and proves that the person convicted of a violation of 
subsection 1 was a family or household member of or in a position of authority over the 
other person, the sentencing class for the violation is one class higher than it would 
otherwise be. 
SUMMARY 
This bill increases the sentencing class of a sex offense by one class or, for a Class A 
offense, increases the maximum term of imprisonment from 30 to 40 years if the offender 
is a family or household member of or in a position of authority over the victim and being 
a family or household member of or in a position of authority over the victim is not an 
element of the offense.