An Act To Amend Maine's Sex Trafficking and Prostitution Law
Maine Legislature, Session 127, LD 0651
Committee: Criminal Justice and Public Safety
Sponsors: VOLK, DION, BREEN, BURNS, DIAMOND, GERZOFSKY, ROSEN, FOWLE, GUERIN, HOBBINS
Amends: 17-A MRSA §259-A, 17-A MRSA §282, 17-A MRSA §284, 17-A MRSA §852, 17-A MRSA §853, 17-A MRSA §853-A, 17-A MRSA §855, 22 MRSA §4002, 22 MRSA §4055

Legislative Document 
No. 651 
S.P. 244 
In Senate, March 3, 2015 
An Act To Amend Maine's Sex Trafficking and Prostitution Law 
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 VOLK of Cumberland. 
Cosponsored by Representative DION of Portland and 
Senators: BREEN of Cumberland, BURNS of Washington, DIAMOND of Cumberland, 
GERZOFSKY of Cumberland, ROSEN of Hancock, Representatives: FOWLE of Vassalboro, 
GUERIN of Glenburn, HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §259-A, sub-§1, ¶A, as enacted by PL 2011, c. 597, §3, is 
repealed. 
Sec. 2.  17-A MRSA §259-A, sub-§1, ¶B, as enacted by PL 2011, c. 597, §3, is 
amended to read: 
B.  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 12 18 years of age; and 
(3)  Is at least 3 years older than the age expressed by the other person. 
Violation of this paragraph is a Class C crime. 
Sec. 3.  17-A MRSA §282, sub-§3 is enacted to read: 
3.  It is not a defense to prosecution under this section that the minor gave consent to 
an activity under subsection 1. 
Sec. 4.  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 18 years of age; or 
(2)  The person knows or has reason to know that the other person has not 
attained 16 18 years of age. 
Violation of this paragraph is a Class D crime; 
Sec. 5.  17-A MRSA §284, sub-§4, as amended by PL 2005, c. 345, §2, is further 
amended to read: 
4.    Any material that depicts a person who has not attained 16 18 years of age 
engaging in sexually explicit conduct is declared to be contraband and may be seized by 
the State. 
Sec. 6.  17-A MRSA §852, sub-§4 is enacted to read: 
4.  It is not a defense to a violation of subsection 1, paragraph B that the person 
promoted to engage in prostitution consented to engaging in the prostitution. 
Sec. 7.  17-A MRSA §853, sub-§1, ¶B, as enacted by PL 2013, c. 407, §3, is 
amended to read: 
B.  The person violates paragraph A and has 2 or more prior convictions in this State 
for any combination of the Maine offenses listed in this paragraph or for engaging in 
substantially similar conduct to that of the Maine offenses listed in this paragraph in 
another jurisdiction.  The Maine offenses are any violation of this section or section 
852, 853-A, 853-B or 855 or attempts to commit any of these crimes.  Section 9-A 
governs the use of prior convictions when determining a sentence.  Violation of this 
paragraph is a Class C crime. 
Sec. 8.  17-A MRSA §853, sub-§3 is enacted to read: 
3.  If the person promoted to engage in the prostitution is less than 18 years of age, it 
is not a defense to prosecution under this section that the person consented to engaging in 
the prostitution. 
Sec. 9.  17-A MRSA §853-A, sub-§4, as enacted by PL 2013, c. 537, §5, is 
amended to read: 
4.  It is an affirmative defense to prosecution under this section that the person 
engaged in prostitution because the person was less than 18 years of age or was 
compelled to do so as described in section 852, subsection 2. 
Sec. 10.  17-A MRSA §855, sub-§4 is enacted to read: 
4.  It is not a defense to a violation of subsection 1 that the person who has not 
attained 18 years of age and whose prostitution is sought gave consent to the prostitution. 
Sec. 11.  22 MRSA §4002, sub-§1, as amended by PL 2007, c. 304, §10, is 
further amended to read: 
1.  Abuse or neglect.  "Abuse or neglect" means a threat to a child's health or welfare 
by physical, mental or emotional injury or impairment, sexual abuse or exploitation 
including under Title 17-A, sections 282, 852, 853 and 855, deprivation of essential needs 
or lack of protection from these or failure to ensure compliance with school attendance 
requirements under Title 20-A, section 3272, subsection 2, paragraph B or section 
5051-A, subsection 1, paragraph C, by a person responsible for the child. 
Sec. 12.  22 MRSA §4055, sub-§1-A, ¶B, as amended by PL 1995, c. 481, §3, is 
further amended to read: 
B.  The victim of any of the following crimes was a child for whom the parent was 
responsible or the victim was a child who was a member of a household lived in or 
frequented by the parent and the parent has been convicted of: 
 (1)  Murder; 
 (2)  Felony murder; 
 (3)  Manslaughter; 
 (4)  Aiding or soliciting suicide; 
 (5)  Aggravated assault; 
 (6)  Rape; 
 (7)  Gross sexual misconduct or gross sexual assault; 
 (8)  Sexual abuse of minors; 
 (9)  Incest; 
 (10)  Kidnapping; 
 (11)  Promotion of prostitution, sexual exploitation of a minor, sex trafficking or 
aggravated sex trafficking; or 
 (12)  A comparable crime in another jurisdiction; 
SUMMARY 
This bill revises the criminal laws regarding sexual exploitation, prostitution and sex 
trafficking of minors by increasing the maximum age of the minors in various provisions 
to 18 years of age, clarifying under various provisions that it is not a defense that the 
minor gave consent and adding the crime of aggravated sex trafficking to the list of prior 
offenses that are used to enhance a charge of sex trafficking from a Class D to a Class C 
crime if a defendant has been convicted of 2 or more of the offenses.  The bill also 
amends the Child and Family Services and Child Protection Act by adding to the 
definition of "abuse and neglect" various criminal offenses relating to sexual exploitation, 
prostitution and sex trafficking of minors and creating a rebuttable presumption of a 
parent's unwillingness or inability to protect a child from jeopardy in considering the 
termination of parental rights if a child for whom the parent was responsible is the victim 
of sexual exploitation, sex trafficking or aggravated sex trafficking.