An Act To Enhance Safety for Victims of Sexual Assault and Stalking and To Amend the Laws Governing Harassment and Protection from Abuse
Maine Legislature, Session 128, LD 1788
Committee: Judiciary
Sponsors: GIDEON, ROSEN, COREY, WARREN, DIAMOND
Amends: 5 MRSA §4651, 5 MRSA §4653, 14 MRSA §6001, 17-A MRSA §506, 19-A MRSA §4005

Legislative Document
No. 1788
H.P. 1235
House of Representatives, January 16, 2018
An Act To Enhance Safety for Victims of Sexual Assault and 
Stalking and To Amend the Laws Governing Harassment and 
Protection from Abuse
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker GIDEON of Freeport.
Cosponsored by Senator ROSEN of Hancock and
Representatives: COREY of Windham, WARREN of Hallowell, Senator: DIAMOND of 
Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4651, sub-§2, ¶C, as repealed and replaced by PL 2017, c. 
288, Pt. A, §4, is amended to read:
C.  A single act or course of conduct constituting a violation of section 4681; Title 
17, section 2931; or Title 17-A, section 201, 202, 203, 204, 207, 208, 209, 210, 
210-A, 211, 253, 254, 255-A, 256, 258, 259-A, 259-B, 260, 261, 282, 283, 301, 302, 
303, 506, 506-A, 511, 511-A, 556, 802, 805, 806, 852 or 853.
Sec. 2.  5 MRSA §4653, sub-§1, ¶B, as enacted by PL 2011, c. 559, Pt. C, §3, is 
amended to read:
B.  If the alleged harassment does not meet the definition in section 4651, subsection 
2, paragraph C or is not related to an allegation of domestic violence, violence against 
a dating partner, sexual assault or, stalking or harassment as described in Title 17-A, 
section 506, subsection 1, paragraph A, a copy of a notice to stop harassing the 
plaintiff issued to the defendant pursuant to Title 17-A, section 506-A, subsection 1, 
paragraph A, subparagraph (1), division (a) or a statement of good cause why such a 
notice was not sought or obtained.
Sec. 3.  14 MRSA §6001, sub-§6, ¶H, as enacted by PL 2015, c. 293, §5, is 
amended to read:
H.  When a victim asserts any of the provisions contained within this chapter 
specifically available to a victim, except for changing locks according to section 
6025, subsection 1, a victim shall provide to the landlord documentation of the 
alleged conduct by the perpetrator, including the perpetrator's name.  Acceptable 
documentation includes, but is not limited to:
(1)  A statement signed by a Maine-based sexual assault counselor as defined in 
Title 16, section 53-A, subsection 1, paragraph B, an advocate as defined in Title 
16, section 53-B, subsection 1, paragraph A or a victim witness advocate as 
defined in Title 16, section 53-C, subsection 1, paragraph C;
(2)  A statement signed by a health care provider, mental health care provider or 
law enforcement officer, including the license number of the health care provider, 
mental health care provider or law enforcement officer if licensed;
(3)  A copy of a protection from abuse complaint or a temporary order or final 
order of protection;
(4)  A copy of a protection from harassment complaint or a temporary order or 
final order of protection from harassment;
(5)  A copy of a police report prepared in response to an investigation of an 
incident of domestic violence, sexual assault or stalking; and
(6)  A copy of a criminal complaint, indictment or conviction for a domestic 
violence, sexual assault or stalking charge.
Sec. 4.  17-A MRSA §506, sub-§1, ¶A, as amended by PL 2011, c. 464, §14 and 
affected by §30, is further amended to read:
A.  By means of telephone or electronic communication device the person sends an 
image or video of a sexual act as defined in section 251, subsection 1, paragraph C; 
of sexual contact as defined in section 251, subsection 1, paragraph D; or of the 
actor's or another person's genitals or makes any comment, request, suggestion or 
proposal that is, in fact, offensively coarse or obscene, without the consent of the 
person called or contacted;
Sec. 5.  19-A MRSA §4005, sub-§1, as amended by PL 2015, c. 443, §11, is 
further amended to read:
1.  Filing.  An adult who has been abused by a family or household member or a 
dating partner may seek relief by filing a complaint alleging that abuse.
When a minor child in the care or custody of a family or household member or a dating 
partner has been abused by a family or household member or a dating partner, a person 
responsible for the child, as defined in Title 22, section 4002, subsection 9, or a 
representative of the department may seek relief by filing a petition alleging that abuse.
An adult who has been a victim of conduct defined as stalking in Title 17-A, section 
210-A or described as sexual assault in Title 17-A, chapter 11 or described as 
unauthorized dissemination of certain private images in Title 17-A, section 511-A or 
described as aggravated sex trafficking or sex trafficking in Title 17-A, section 852 or 
853, respectively, whether or not the conduct was perpetrated by a family or household 
member or dating partner, may seek relief by filing a complaint alleging that conduct 
without regard to whether criminal prosecution has occurred.  When a minor has been a 
victim of such conduct or conduct described in Title 17-A, section 282 or 283 or 
harassment as described in Title 17-A, section 506, subsection 1, paragraph A, the 
minor's parent, other person responsible for the child or a representative of the department 
may seek relief by filing a petition alleging that conduct.
When an adult who is 60 years of age or older or a dependent adult, as defined in Title 
22, section 3472, subsection 6, or an incapacitated adult, as defined in Title 22, section 
3472, subsection 10, has been the victim of abuse as defined in section 4002, subsection 1 
or Title 22, section 3472, subsection 1 by an extended family member or an unpaid care 
provider, the adult victim, the adult victim's legal guardian or a representative of the 
department may seek relief by filing a complaint alleging the abusive conduct.  For the 
purposes of this subsection, "extended family member" includes, but is not limited to: a 
person who is related to the victim by blood, marriage or adoption, whether or not the 
person resides or has ever resided with the victim.  "Unpaid care provider" includes, but 
is not limited to, a caretaker who voluntarily provides full, intermittent or occasional 
personal care to the adult victim in the victim's home similar to the way a family member 
would provide personal care.
SUMMARY
This bill adds violations that may form the basis of the issuance of a protection from 
harassment order. It adds harassment by telephone or by electronic communication device 
to the list of types of cases in which a plaintiff is not required to file a copy of a notice to 
stop harassing the plaintiff issued to the defendant in order to commence a protection 
from harassment proceeding.
The bill provides that a person is guilty of harassment by telephone or by electronic 
communication device if by means of telephone or electronic communication device the 
person sends an image or video of a sexual act, of sexual contact or of the actor's or 
another person's genitals without the consent of the person called or contacted.
The bill adds violations that may form the basis of the issuance of a protection from 
abuse order to protect a minor.
The bill amends the law governing remedies available to tenants who are victims of 
domestic violence, sexual assault or stalking by expanding the forms of acceptable 
documentation that may be provided to landlords to include copies of police reports 
prepared in response to investigations of sexual assault or stalking and copies of criminal 
complaints, indictments or convictions for charges of sexual assault or stalking.