An Act To Strengthen the Laws Regarding Certain Crimes Committed by a Person in a Position of Authority
Maine Legislature, Session 126, LD 1491
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, DION, DUTREMBLE, KATZ, LACHOWICZ, PLUMMER, EVES, LONG, MALABY, SANDERSON
Amends: 14 MRSA §752-F, 17-A MRSA §8

Legislative Document 
No. 1491 
S.P. 556 
In Senate, May 2, 2013 
An Act To Strengthen the Laws Regarding Certain Crimes 
Committed by a Person in a Position of Authority 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Representative DION of Portland and 
Senators: DUTREMBLE of York, KATZ of Kennebec, LACHOWICZ of Kennebec, 
PLUMMER of Cumberland, Representatives: Speaker EVES of North Berwick, LONG of 
Sherman, MALABY of Hancock, SANDERSON of Chelsea. 
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.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Health care provider" has the same meaning as in Title 34-B, section 11001, 
subsection 1, paragraph E. 
B.  "Sexual act" means: 
(1)  A sexual act as defined in Title 17-A, section 251, subsection 1, paragraph C; 
or 
(2)  Sexual contact as defined in Title 17-A, section 251, subsection 1, paragraph 
D. 
2.  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 health care provider, licensed as a social worker or a member of the clergy or 
other spiritual advisor or who purports to the other person to be a health care 
provider, licensed as a social worker or a member of the clergy or other spiritual 
advisor and the other person, not the actor's spouse, is a patient or client of the actor 
for mental health therapy. 
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 health 
care provider, is licensed as a social worker or is a member of the clergy or other spiritual 
advisor or purports to the other person to be a health care provider, licensed as a social 
worker or a member of the clergy or other spiritual advisor 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 
subsection, "health care provider" has the same meaning as in Title 34-B, section 11001, 
subsection 1, paragraph E. 
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.