An Act To Amend the Laws Governing Certain Sexual Offenses
Maine Legislature, Session 128, LD 0654
Committee: Criminal Justice and Public Safety
Sponsors: CARPENTER, HERBIG, DESCHAMBAULT, MILLETT, ESPLING
Amends: 17-A MRSA §253, 17-A MRSA §255-A, 17-A MRSA §260

Legislative Document
No. 654
S.P. 216
In Senate, February 28, 2017
An Act To Amend the Laws Governing Certain Sexual Offenses
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 CARPENTER of Aroostook.
Cosponsored by Representative HERBIG of Belfast and
Senators: DESCHAMBAULT of York, MILLETT of Cumberland, Representatives: CASÁS 
of Rockport, ESPLING of New Gloucester.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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. 2.  17-A MRSA §253, sub-§2, ¶M is enacted to read: 
M.  The other person has not consented to the sexual act.  Violation of this paragraph 
is a Class C crime. 
Sec. 3.  17-A MRSA §253, sub-§3, as repealed and replaced by PL 2007, c. 474, 
§2, is repealed. 
Sec. 4.  17-A MRSA §255-A, sub-§1, ¶¶A and B, as enacted by PL 2001, c. 
383, §23 and affected by §156, are amended to read: 
A.  The other person has not expressly or impliedly acquiesced in consented to the 
sexual contact. Violation of this paragraph is a Class D crime; 
B.  The other person has not expressly or impliedly acquiesced in consented to the 
sexual contact and the sexual contact includes penetration. Violation of this 
paragraph is a Class C crime; 
Sec. 5.  17-A MRSA §260, sub-§1, ¶A, as enacted by PL 2003, c. 138, §5, is 
amended to read: 
A.  The other person has not expressly or impliedly acquiesced in consented to the 
sexual touching.  Violation of this paragraph is a Class D crime; 
SUMMARY 
This bill creates a new violation under the law defining the crime of gross sexual 
assault in which an actor is guilty of gross sexual assault if the actor engages in a sexual 
act with another person who has not consented to the sexual act; this violation is a Class 
C crime.  The bill also amends the crime of gross sexual assault by repealing the defense 
to prosecution that the other person voluntarily consumed or allowed the actor to 
administer to that person drugs or other intoxicants. 
The bill also amends the crime of unlawful sexual contact and unlawful sexual 
touching by eliminating language specifying that the other person did not expressly or 
impliedly acquiesce to the sexual contact or sexual touching and replaces it with language 
specifying that the person did not consent to the sexual contact or sexual touching.