An Act Establishing the Crime of Child Abuse in the Maine Criminal Code
Maine Legislature, Session 128, LD 0908
Committee: Criminal Justice and Public Safety
Sponsors: STEWART, MAKER, ESPLING, GERRISH, GUERIN, SIROCKI, KEIM, ROSEN, VOLK
Amends: 17-A MRSA §214, 17-A MRSA §554

Legislative Document
No. 908
H.P. 636
House of Representatives, March 7, 2017
An Act Establishing the Crime of Child Abuse in the Maine 
Criminal Code
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STEWART of Presque Isle.
Cosponsored by Senator MAKER of Washington and
Representatives: ESPLING of New Gloucester, GERRISH of Lebanon, GUERIN of Glenburn, 
SIROCKI of Scarborough, Senators: KEIM of Oxford, ROSEN of Hancock, VOLK of 
Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §214 is enacted to read: 
§214.  Child abuse 
1.  As used in this section, unless the context otherwise indicates, the following terms 
have the following meanings. 
A.  "Abuse" means: 
(1)  Offensive physical contact or the infliction of physical or mental injury; 
(2)  An act that could reasonably be expected to result in physical or mental 
injury; or 
(3) Active encouragement of a person to commit an act described in 
subparagraph (1) or (2). 
B.  "Expert testimony" means testimony provided by a person who is a licensed 
physician under Title 32, chapter 48 or who has an equivalent license from another 
jurisdiction who has completed an accredited residency in psychiatry or who is a 
licensed psychologist under Title 32, chapter 56 or has an equivalent license from 
another jurisdiction. 
C.  "Maliciously" means intentionally acting wrongfully and without legal 
justification or excuse. 
D.  "Mental injury" means injury to the intellectual or psychological capacity of a 
child evidenced by a discernible and substantial impairment in the ability of the child 
to function within that child's normal range of performance and behavior as supported 
by expert testimony. 
E.  "Neglect" means: 
(1)  When responsible for providing care for a child, to fail to provide the child 
with the care, supervision and services necessary to maintain the child's physical 
or mental health, including food, nutrition, clothing, shelter, medicine or medical 
services considered essential for the well-being of the child; or 
(2)  When responsible for providing care for a child, to fail to make a reasonable 
effort to protect the child from abuse, neglect or exploitation by another person. 
F.  "Serious bodily injury" means bodily injury to another that creates a substantial 
risk of death or extended convalescence necessary for recovery of physical health. 
2.  A person is guilty of child abuse if: 
A.  The person intentionally, knowingly or recklessly neglects or abuses a child 
without causing serious bodily injury, permanent disability or permanent 
disfigurement to the child, except when a parent, guardian or other person responsible 
for the long-term general care and welfare of a child administers corporal punishment 
as reasonable discipline on the child.  Violation of this paragraph is a Class C crime; 
B.  The person intentionally, knowingly or recklessly neglects a child causing serious 
bodily injury, permanent disability or permanent disfigurement to the child.  
Violation of this paragraph is a Class B crime; or 
C.  The person intentionally or knowingly: 
(1)  Commits aggravated assault under section 208 on a child; 
(2)  Tortures, maliciously punishes or unlawfully cages a child; or 
(3)  Abuses a child causing serious bodily injury, permanent disability or 
permanent disfigurement to the child.  Violation of this paragraph is a Class A 
crime. 
Sec. 2.  17-A MRSA §554, sub-§1, as amended by PL 2015, c. 358, §3, is further 
amended to read: 
1.    A person is guilty of endangering the welfare of a child if that person: 
A.  Knowingly permits a child to enter or remain in a house of prostitution.  Violation 
of this paragraph is a Class D crime; or 
B.  Knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a 
child under 16 years of age any intoxicating liquor, cigarettes, tobacco, air rifles, 
gunpowder, smokeless powder or ammunition for firearms.  Violation of this 
paragraph is a Class D crime;. 
B-2.  Being a parent, foster parent, guardian or other person responsible for the long-
term general care and welfare of a child, recklessly fails to take reasonable measures 
to protect the child from the risk of further bodily injury after knowing: 
(1)  That the child had, in fact, sustained serious bodily injury or bodily injury 
under circumstances posing a substantial risk of serious bodily injury; and 
(2)  That such bodily injury was, in fact, caused by the unlawful use of physical 
force by another person. 
Violation of this paragraph is a Class C crime; 
B-3.  Being the parent, foster parent, guardian or other person having the care and 
custody of a child, knowingly deprives the child of necessary health care, with a 
result that the child is placed in danger of serious harm.  Violation of this paragraph is 
a Class D crime; or 
C.  Otherwise recklessly endangers the health, safety or welfare of the child by 
violating a duty of care or protection.  Violation of this paragraph is a Class D crime. 
SUMMARY 
This bill creates the crime of child abuse.  Child abuse occurs when a person 
intentionally, knowingly or recklessly neglects or abuses a child.  The sentencing classes 
for the crime of child abuse range from a Class C crime to a Class A crime, depending on 
the severity of the abuse and the level of intentionality of the person inflicting the abuse.  
The bill repeals several provisions regarding endangering the welfare of a child that have 
been incorporated into the crime of child abuse.  It also requires expert testimony from a 
licensed physician who has completed an accredited residency in psychiatry or a licensed 
psychologist to establish mental injury in a child abuse case.