An Act To Prevent Sexual Abuse by Members of the Clergy
Maine Legislature, Session 128, LD 0838
Committee: Criminal Justice and Public Safety
Sponsors: GROHMAN, VOLK, CHENETTE
Amends: 17-A MRSA §2, 17-A MRSA §253, 17-A MRSA §255-A, 17-A MRSA §260

Legislative Document
No. 838
H.P. 587
House of Representatives, March 7, 2017
An Act To Prevent Sexual Abuse by Members of the Clergy
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GROHMAN of Biddeford.
Cosponsored by Senator VOLK of Cumberland and
Senator: CHENETTE of York.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §2, sub-§9-A is enacted to read: 
9-A.  "Domestic partner" means one of 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare. 
Sec. 2.  17-A MRSA §253, sub-§2, ¶¶K and L, as enacted by PL 2011, c. 423, 
§3, are amended to read: 
K.  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 suffers from a mental 
disability that is reasonably apparent or known to the actor.  Violation of this 
paragraph is a Class C crime; or 
L.  The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect.  For the purposes of 
this paragraph, "domestic partners" means 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare.  Violation of this paragraph is a 
Class C crime.; or 
Sec. 3.  17-A MRSA §253, sub-§2, ¶M is enacted to read: 
M.  The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor's position of trust or authority to engage in the sexual act and the other 
person is not the actor's spouse or domestic partner. Violation of this paragraph is a 
Class C crime. 
Sec. 4.  17-A MRSA §255-A, sub-§1, ¶¶W and X, as enacted by PL 2011, c. 
423, §6, are amended to read: 
W.  The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect.  For the purposes of 
this paragraph, "domestic partners" means 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare.  Violation of this paragraph is a 
Class D crime; or 
X.  The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect and the sexual contact 
includes penetration.  For the purposes of this paragraph, "domestic partners" means 
unmarried adults who are domiciled together under a long-term arrangement that 
evidences a commitment to remain responsible indefinitely for each other's welfare.  
Violation of this paragraph is a Class C crime.; 
Sec. 5.  17-A MRSA §255-A, sub-§1, ¶¶Y and Z are enacted to read: 
Y.  The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor's position of trust or authority to engage in the sexual contact and the other 
person is not the actor's spouse or domestic partner. Violation of this paragraph is a 
Class D crime; or 
Z.  The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor's position of trust or authority to engage in the sexual contact and the other 
person is not the actor's spouse or domestic partner and the sexual contact includes 
penetration. Violation of this paragraph is a Class C crime. 
Sec. 6.  17-A MRSA §260, sub-§1, ¶¶L and M, as enacted by PL 2011, c. 423, 
§9, are amended to read: 
L.  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 suffers from a mental 
disability that is reasonably apparent or known to the actor.  Violation of this 
paragraph is a Class D crime; or 
M.  The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect.  For the purposes of 
this paragraph, "domestic partners" means 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare.  Violation of this paragraph is a 
Class D crime.; or 
Sec. 7.  17-A MRSA §260, sub-§1, ¶N is enacted to read: 
N.  The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor’s position of trust or authority to engage in the sexual touching and the other 
person is not the actor's spouse or domestic partner. Violation of this paragraph is a 
Class D crime. 
SUMMARY 
This bill makes it unlawful for a member of the clergy who is in a position of trust or 
authority over another person to use that clergyperson's position of trust or authority to 
engage in a sexual act, sexual contact or sexual touching with the other person.  The bill 
amends the laws on the crimes of gross sexual assault, unlawful sexual contact and 
unlawful sexual touching.