An Act To Prohibit Verbal Sexual Solicitation of a Child
Maine Legislature, Session 125, LD 1673
Committee: Criminal Justice and Public Safety
Sponsors: HOBBINS
Amends: 17-A MRSA §262

Legislative Document 
No. 1673 
S.P. 572 
In Senate, December 21, 2011 
An Act To Prohibit Verbal Sexual Solicitation of a Child 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 19, 2011.  Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator HOBBINS of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation closes a loophole in the law prohibiting sexual solicitation 
of a child; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §262 is enacted to read: 
§262.  Verbal solicitation of child to commit a prohibited act 
1.  A person is guilty of verbally soliciting a child to commit a prohibited act if: 
A.  The actor: 
(1)  Is at least 16 years of age; 
(2)  Knows or believes that the other person is less than 14 years of age; and 
(3)  Is at least 3 years older than the expressed age of the other person; and 
B.  The actor expresses to the other person the intent to engage in any one of the 
following prohibited acts with that person: 
(1)  A sexual act; 
(2)  Sexual contact; or 
(3)  Sexual exploitation of a minor pursuant to section 282. 
Violation of this subsection is a Class D crime. 
2.   A person is guilty of verbally soliciting a child to commit a prohibited act if: 
A.  The actor: 
(1)  Is at least 16 years of age; 
(2)  Knows or believes that the other person is less than 12 years of age; and 
(3)  Is at least 3 years older than the expressed age of the other person; and 
B.  The actor expresses to the other person the intent to engage in any one of the 
following prohibited acts with that person: 
(1)  A sexual act; 
(2)  Sexual contact; or 
(3)  Sexual exploitation of a minor pursuant to section 282. 
Violation of this subsection is a Class C crime. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law prohibits a person from using a computer to solicit a child to engage in a 
prohibited sexual act.  No such prohibition exists if the solicitation is not performed via 
computer. 
This bill, which is based on the crime of solicitation of a child by computer to commit 
a prohibited act, prohibits the verbal solicitation of a child to perform a prohibited sexual 
act.  If the child is less than 14 years of age, it is a Class D crime; if the child is less than 
years of age, it is a Class C crime.