An Act To Protect Children from Sexual Predators, Sexual Abuse and Sexual Assault
Maine Legislature, Session 127, LD 0936
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, MAREAN, GERZOFSKY, LIBBY, PETERSON, SHAW
Amends: 17-A MRSA §254, 17-A MRSA §256, 17-A MRSA §258, 17-A MRSA §259-A, 17-A MRSA §262, 17-A MRSA §281, 17-A MRSA §284, 17-A MRSA §285

Legislative Document 
No. 936 
S.P. 327 
In Senate, March 17, 2015 
An Act To Protect Children from Sexual Predators, Sexual Abuse 
and Sexual Assault 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. 
Cosponsored by Representative MAREAN of Hollis and 
Senators: GERZOFSKY of Cumberland, LIBBY of Androscoggin, Representatives: 
PETERSON of Rumford, SHAW of Standish. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §254, sub-§1, ¶A, as amended by PL 2001, c. 383, §21 and 
affected by §156, is further amended to read: 
A.  The person engages in a sexual act with another person, not the actor's spouse, 
who is either 14 or 15 years of age and the actor is at least 5 years older than the other 
person.  Violation of this paragraph is a Class D C crime; 
Sec. 2.  17-A MRSA §256, sub-§1, ¶A, as amended by PL 2005, c. 655, §1, is 
further amended to read: 
A.  For the purpose of arousing or gratifying sexual desire or for the purpose of 
causing affront or alarm, the actor, having in fact attained 18 years of age, exposes 
the actor's genitals to another person or causes the other person to expose that 
person's genitals to the actor and the other person, not the actor's spouse, has not in 
fact attained 14 years of age.  Violation of this paragraph is a Class D C crime; 
Sec. 3.  17-A MRSA §258, sub-§1, as amended by PL 2003, c. 711, Pt. B, §5, is 
further amended to read: 
1.    A person is guilty of sexual misconduct with a child under 14 years of age or 
younger if that person, having in fact attained 18 years of age, knowingly displays any 
sexually explicit materials to another person, not the actor's spouse, who has not in fact 
attained the age of 14 years, with the intent to encourage the other person to engage in a 
sexual act or sexual contact.  Violation of this subsection is a Class D C crime. 
Sec. 4.  17-A MRSA §259-A, sub-§1, ¶A, as enacted by PL 2011, c. 597, §3, is 
amended to read: 
A.  The actor, with the intent to engage in a prohibited act with the other person, 
knowingly solicits directly or indirectly that person by any means to engage in a 
prohibited act and 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 or 
younger; and 
(3)  Is at least 3 years older than the age expressed by the other person. 
Violation of this paragraph is a Class D C crime; or 
Sec. 5.  17-A MRSA §262 is enacted to read: 
§262.  Illegal traveling for the purpose of committing a sex offense 
1.   A person is guilty of illegal traveling for the purpose of committing a sex offense 
if the person travels, attempts to travel, transports a minor, attempts to transport a minor 
or solicits or entices a minor to travel into, out of or within the State for any of the 
following purposes: 
A.  Engaging in a sexual act with a minor that is prohibited under this chapter; 
B.  Engaging in sexual exploitation of a minor that is prohibited under chapter 12; or 
C.  Engaging in sex trafficking or prostitution that is prohibited under chapter 35. 
2.   Illegal traveling is a Class B crime. 
3.   For the purposes of this section, "minor" means a person who has not in fact 
attained 18 years of age. 
Sec. 6.  17-A MRSA §281, sub-§4, ¶¶E and F, as enacted by PL 2003, c. 711, 
Pt. B, §12, are amended to read: 
E.    Lewd exhibition of the genitals, anus, breasts, buttocks or pubic area of a person.  
An exhibition is considered lewd if the exhibition is designed for the purpose of 
eliciting or attempting to elicit a sexual response in the intended viewer; or 
F.    Conduct that creates the appearance of the acts in paragraphs A to D and also 
exhibits any uncovered or covered portions of the genitals, anus, breasts, buttocks or 
pubic area. 
Sec. 7.  17-A MRSA §284, sub-§1, ¶A, as amended by PL 2011, c. 50, §1, is 
further amended to read: 
A.  Intentionally or knowingly transports, exhibits, purchases, possesses or accesses 
with intent to view any book, magazine, newspaper, print, negative, slide, motion 
picture, computer data file, videotape or other mechanically, electronically or 
chemically reproduced visual image or material that the person knows or should 
know depicts another person engaging in sexually explicit conduct, and: 
(1)  The other person has not in fact attained 16 years of age; or 
(2)  The person knows or has reason to know that the other person has not 
attained 16 years of age. 
Violation of this paragraph is a Class D C crime; 
Sec. 8.  17-A MRSA §285, as enacted by PL 2003, c. 711, Pt. B, §12, is amended 
to read: 
§285.  Forfeiture of equipment used to facilitate violations and assets that are 
proceeds of the violations 
1.    Upon a finding of guilt of any violation of this chapter, but prior to sentencing, 
an attorney for the State may, in writing, move the court for an order requiring the 
forfeiture to the State of any equipment, including computers, that may have facilitated 
the commission of the offense or of any assets that are directly or indirectly proceeds of 
the violation.  Notice of the motion must be made by the State to the defendant and any 
party of interest; this notice must be done by registered mail.  For the purposes of this 
section, "assets" means all money, negotiable instruments, securities, personal property 
and accounts held in a financial institution or held in any other manner in the name of the 
defendant or in which the defendant has an ownership interest. 
2.    If contesting the forfeiture, the defendant or other party-in-interest in the in rem 
civil forfeiture proceeding may request a jury trial.  Absent that request, the proceeding 
must be before the court. 
3.    At the jury trial or court hearing, the State has the burden of proving to the fact 
finder by a preponderance of the evidence that the equipment was used in violation of this 
chapter or that the assets are proceeds of the violation. 
4.    Upon a finding by a preponderance of the evidence that the equipment was used 
to facilitate the commission of a violation of this chapter or that the assets are proceeds of 
the violation, the court shall order the equipment or assets forfeited and may, upon the 
written recommendation of the attorney for the State, provide in its order for the 
disposition or use of the equipment or assets by any state, county or municipal law 
enforcement agency that made a substantial contribution to the investigation or 
prosecution of the case.  Any equipment or assets forfeited that is are not transferred to an 
investigating or prosecuting agency must be sold and the proceeds deposited in the 
General Fund. 
5.    The Attorney General may adopt by rule guidelines regulating the disposition 
and use of property forfeited or sought for forfeiture under this section.  Rules adopted 
under this section subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill does the following: 
1.  Raises to Class C the crime of sexual abuse of a minor who is either 14 or 15 years 
of age; 
2.  Raises to Class C the crime of visual sexual aggression against a child under 14 
years of age; 
3.  Raises to Class C the crime of sexual misconduct with a child and changes the age 
of the victim to include children 14 years of age or younger.  Current law applies only to 
children under 14 years of age; 
4.  Raises to Class C the crime of solicitation of a child to commit a prohibited act 
and changes the age of the victim to include children 14 years of age or younger.  Current 
law applies only to children under 14 years of age; 
5.  Enacts a prohibition on traveling into, out of or within this State or attempting to 
travel for the purposes of illegal sexual acts involving a minor. The bill also prohibits 
transporting a minor, attempting to transport a minor or soliciting or enticing a minor to 
travel into, out of or within the State for illegal sexual purposes.  Illegal sexual purposes 
include engaging in a sexual act with a minor, prohibited under the Maine Revised 
Statutes, Title 17-A, chapter 11; engaging in sexual exploitation of a minor, prohibited 
under Title 17-A, chapter 12; or engaging in sex trafficking or prostitution, prohibited 
under Title 17-A, chapter 35.  The bill makes illegal traveling a Class B crime; 
6.  Expands current law on sexual exploitation of a minor that prohibits exhibiting 
uncovered or covered portions of the genitals, anus or pubic area to include uncovered or 
covered breasts or buttocks; 
7.  Raises to Class C the crime of possession of sexually explicit material showing a 
child under 16 years of age engaging in sexually explicit conduct; and 
8.  Expands forfeiture of assets for a violation of the Maine Revised Statutes, Title 
17-A , chapter 12, sexual exploitation of a minor, to provide for forfeiture of all money, 
negotiable instruments, securities, personal property and accounts held in a financial 
institution or held in any other manner in the name of the defendant or in which the 
defendant has an ownership interest that are directly or indirectly proceeds of the 
violation.