An Act To Establish the Crimes of Criminal Forced Labor and Aggravated Criminal Forced Labor in the Maine Criminal Code
Maine Legislature, Session 128, LD 1740
Committee: Criminal Justice and Public Safety
Sponsors: VOLK, GIDEON, HERBIG

Legislative Document
No. 1740
S.P. 639
In Senate, December 22, 2017
An Act To Establish the Crimes of Criminal Forced Labor and 
Aggravated Criminal Forced Labor in the Maine Criminal Code
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Speaker GIDEON of Freeport and
Representative: HERBIG of Belfast.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §§304 and 305 are enacted to read:
§304.  Criminal forced labor
1.  A person is guilty of criminal forced labor if the actor, without the legal right to do 
so, intentionally or knowingly:
A.  Withholds or threatens to withhold a scheduled drug or alcohol from a person 
who is in a state of psychic or physical dependence, or both, arising from the use of 
the drug or alcohol on a continuing basis in order to compel that person to provide 
labor or services having economic value;
B.  Withholds or threatens to withhold a substance or medication from a person who 
has a prescription or medical need for the substance or medication in order to compel 
that person to provide labor or services having economic value;
C.  Uses a person's physical or mental impairment that has substantial adverse effects 
on that person's cognitive or volitional functions as a means to compel that person to 
provide labor or services having economic value;
D.  Makes material false statements, misstatements or omissions in order to compel a 
person to provide labor or services having economic value;
E.  Withholds, destroys or confiscates an actual or purported passport or other 
immigration document or other actual or purported government identification 
document in order to compel a person to provide labor or services having economic 
value;
F.  Compels a person to provide labor or services having economic value to retire, 
repay or service an actual or purported debt if:
(1)  The reasonable value of the labor or services is not applied toward the 
liquidation of the debt; or
(2)  The length of labor or services is not limited and the nature of the labor or 
services is not defined; or
G.  Uses force or engages in any scheme, plan or pattern to instill in a person a fear 
that, if that person does not provide labor or services having economic value, the 
actor or another person will:
(1)  Cause physical injury to or death of a person;
(2)  Cause destruction of or consequential damage to property, other than 
property of the actor;
(3)  Engage in other conduct constituting a Class A, B or C crime or criminal 
restraint;
(4)  Accuse a person of a crime or cause criminal charges or deportation 
proceedings to be instituted against a person;
(5)  Expose a secret or publicize an asserted fact, regardless of veracity, that 
would subject a person, except the actor, to hatred, contempt or ridicule;
(6)  Testify or provide information or withhold testimony or information 
regarding a person's legal claim or defense;
(7)  Use a position as a public servant to perform some act related to an official 
duty or fail or refuse to perform an official duty in a manner that affects a person; 
or
(8)  Perform any other act that would not in itself materially benefit the actor but 
that is calculated to harm the person being compelled with respect to that person's 
health, safety or immigration status.
2.  Criminal forced labor is a Class C crime.
§305.  Aggravated criminal forced labor
1.  A person is guilty of aggravated criminal forced labor if the actor violates section 
and the person compelled to provide labor or services having economic value has not 
in fact attained 18 years of age.
2.  Aggravated criminal forced labor is a Class B crime.
Sec. 2.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 17-A, chapter 13, in the chapter headnote, the words 
"kidnapping and criminal restraint" are amended to read "kidnapping, criminal restraint 
and criminal forced labor" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.
SUMMARY
This bill creates the crimes of criminal forced labor, a Class C crime, and aggravated 
criminal forced labor, a Class B crime, under the Maine Criminal Code.  It provides that a 
person is guilty of criminal forced labor if the person, without the legal right to do so, 
intentionally or knowingly compels another person to provide labor or services having 
economic value through certain coercive acts.  A person is guilty of aggravated criminal 
forced labor if the person compelled to provide labor or services has not in fact attained 
years of age.