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: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, DION, BLISS, DIAMOND, BRYANT, CEBRA, CLARKE, HASKELL, PLUMMER, WEBSTER
Amends: 17-A MRSA §251, 17-A MRSA §253, 17-A MRSA §255-A, 34-A MRSA §11203

Legislative Document 
No. 624 
S.P. 205 
In Senate, February 17, 2011 
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 
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 GERZOFSKY of Cumberland. 
Cosponsored by Representative DION of Portland and 
Senators: BLISS of Cumberland, DIAMOND of Cumberland, Representatives: BRYANT of 
Windham, CEBRA of Naples, CLARKE of Bath, HASKELL of Portland, PLUMMER of 
Windham, WEBSTER of Freeport. 
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.  "Dependent adult" means an adult who has a physical or mental condition that 
substantially impairs the adult's ability to adequately provide for that adult's daily 
needs.  "Dependent adult" includes, but is not limited to, the following: 
(1)  A resident of a nursing home licensed or required to be licensed under Title 
22, section 1817; 
(2)  A resident of a facility providing assisted living services licensed or required 
to be licensed pursuant to Title 22, section 7801; and 
(3)  A person considered a dependent person under section 555. 
Sec. 2.  17-A MRSA §251, sub-§1, ¶I is enacted to read: 
I.  "Incapacitated adult" means an adult who is impaired by reason of mental illness, 
mental deficiency, physical illness or disability to the extent that the adult lacks 
sufficient understanding or capacity to make or communicate responsible decisions 
concerning that adult's person, or to the extent that the adult cannot effectively 
manage or apply that adult's estate to necessary ends. 
Sec. 3.  17-A MRSA §253, sub-§2, ¶I, as amended by PL 2001, c. 383, §16 and 
affected by §156, is further amended to read: 
I.    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; or 
Sec. 4.  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 
crime.; or 
Sec. 5.  17-A MRSA §253, sub-§2, ¶K is enacted to read: 
K.  The other person is a dependent adult or incapacitated adult, which is reasonably 
apparent or known to the actor, and the actor is employed as a caregiver or otherwise 
provides care to the person.  Violation of this paragraph is a Class C crime. 
Sec. 6.  17-A MRSA §255-A, sub-§1, ¶U, as enacted by PL 2005, c. 450, §2, is 
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; or 
Sec. 7.  17-A MRSA §255-A, sub-§1, ¶V, as enacted by PL 2005, c. 450, §2, is 
amended to read: 
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 crime.; 
Sec. 8.  17-A MRSA §255-A, sub-§1, ¶W is enacted to read: 
W.  The other person is a dependent adult or incapacitated adult, which is reasonably 
apparent or known to the actor, and the actor is employed as a caregiver or otherwise 
provides care to the person.  Violation of this paragraph is a Class D crime; or 
Sec. 9.  17-A MRSA §255-A, sub-§1, ¶X is enacted to read: 
X.  The other person is a dependent adult or incapacitated adult, which is reasonably 
apparent or known to the actor, and the actor is employed as a caregiver or otherwise 
provides care to the person and the sexual contact includes penetration. Violation of 
this paragraph is a Class C crime. 
Sec. 10.  34-A MRSA §11203, sub-§6, as amended by PL 2009, c. 365, Pt. B, 
§§10 to 12 and affected by §22, is further amended to read: 
6.  Sex offense.  "Sex offense" means a conviction for one of the following offenses 
or for an attempt or solicitation of one of the following offenses if the victim was less 
than 18 years of age at the time of the criminal conduct or if the victim was a dependent 
or incapacitated adult at the time of the conduct: 
B.  A violation under former Title 17, section 2922; former Title 17, section 2923; 
former Title 17, section 2924; Title 17-A, section 253, subsection 2, paragraph E, F, 
G, H, I or, J or K; Title 17-A, section 254; former Title 17-A, section 255, subsection 
1, paragraph A, E, F, G, I or J; former Title 17-A, section 255, subsection 1, 
paragraph B or D if the crime was not elevated a class under former Title 17-A, 
section 255, subsection 3; Title 17-A, section 255-A, subsection 1, paragraph A, B, 
C, G, I, J, K, L, M, N, Q, R, S or, T, W or X; Title 17-A, section 256; Title 17-A, 
section 258; Title 17-A, section 259; Title 17-A, section 282; Title 17-A, section 283; 
Title 17-A, section 284; Title 17-A, section 301, subsection 1, paragraph A, 
subparagraph (3), unless the actor is a parent of the victim; Title 17-A, section 511, 
subsection 1, paragraph D; Title 17-A, section 556; Title 17-A, section 852, 
subsection 1, paragraph B; or Title 17-A, section 855;  
C.  A violation in another jurisdiction that includes the essential elements of an 
offense listed in paragraph B; or 
D.  A conviction for a military, tribal or federal offense requiring registration 
pursuant to: 
(1) 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. 
Sec. 11.  34-A MRSA §11203, sub-§10 is enacted to read: 
10.  Dependent adult.  "Dependent adult" means an adult who has a physical or 
mental condition that substantially impairs the adult's ability to adequately provide for 
that adult's daily needs.  "Dependent adult" includes, but is not limited to, the following: 
A.  A resident of a nursing home licensed or required to be licensed under Title 22, 
section 1817; 
B.  A resident of a facility providing assisted living services licensed or required to be 
licensed pursuant to Title 22, section 7801; and 
C.  A person considered a dependent person under Title 17-A, section 555. 
Sec. 12.  34-A MRSA §11203, sub-§11 is enacted to read: 
11.  Incapacitated adult.  "Incapacitated adult" means an adult who is impaired by 
reason of mental illness, mental deficiency, physical illness or disability to the extent that 
the adult lacks sufficient understanding or capacity to make or communicate responsible 
decisions concerning that adult's person, or to the extent that the adult cannot effectively 
manage or apply that adult's estate to necessary ends. 
Sec. 13.  Effective date.  This Act takes effect October 1, 2011. 
SUMMARY 
This bill specifies that an actor who is employed as a caregiver or otherwise provides 
care to a person who is a dependent adult or incapacitated adult and who commits gross 
sexual assault or unlawful sexual contact against the person whose dependency or 
incapacity is reasonably apparent or known to the actor is guilty of committing a sex 
offense as defined in the Sex Offender Registration and Notification Act of 1999 
requiring a 10-year registration.  Registration requirements for persons who commit these 
new crimes in the Maine Revised Statutes, Title 17-A, section 253, subsection 2, 
paragraph K or Title 17-A, section 255-A, subsection 1, paragraph W or paragraph X do 
not apply until October 1, 2011.