An Act To Increase the Penalty for Visual Sexual Aggression against a Child
Maine Legislature, Session 128, LD 1728
Committee: Criminal Justice and Public Safety
Sponsors: VITELLI, PIERCE, CARSON, DESCHAMBAULT, KATZ, MILLETT, DeCHANT, PERRY, VACHON
Amends: 17-A MRSA §256

Legislative Document
No. 1728
S.P. 627
In Senate, December 22, 2017
An Act To Increase the Penalty for Visual Sexual Aggression against 
a Child
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 VITELLI of Sagadahoc.
Cosponsored by Representative PIERCE of Dresden and
Senators: CARSON of Cumberland, DESCHAMBAULT of York, KATZ of Kennebec, 
MILLETT of Cumberland, Representatives: DeCHANT of Bath, McCREIGHT of Harpswell, 
PERRY of Calais, VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §256, sub-§1, as amended by PL 2007, c. 688, §1, is further 
amended to read:
1.  A person is guilty of visual sexual aggression against a child if:
A.  For the purpose of arousing or gratifying sexual desire or for the purpose of 
causing affront or alarm, the actor, having in fact attained 18 years of age, exposes 
the actor's genitals to another person or causes the other person to expose that 
person's genitals to the actor and the other person, not the actor's spouse, has not in 
fact attained 14 years of age.  Violation of this paragraph is a Class D C crime; or
B.  For the purpose of arousing or gratifying sexual desire, the actor, having in fact 
attained 18 years of age, exposes the actor's genitals to another person or causes the 
other person to expose that person's genitals to the actor and the other person, not the 
actor's spouse, has not in fact attained 12 years of age.  Violation of this paragraph is 
a Class C crime;
C.  For the purpose of arousing or gratifying sexual desire, the actor, having in fact 
attained 18 years of age, intentionally engages in visual surveillance, aided or 
unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, 
genitals, anus or pubic area of another person, not the actor's spouse and not having in 
fact attained 14 years of age, under circumstances in which a reasonable person 
would expect to be safe from such visual surveillance.  Violation of this paragraph is 
a Class D C crime; or.
D.  For the purpose of arousing or gratifying sexual desire, the actor, having in fact 
attained 18 years of age, intentionally engages in visual surveillance, aided or 
unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, 
genitals, anus or pubic area of another person, not the actor's spouse and not having in 
fact attained 12 years of age, under circumstances in which a reasonable person 
would expect to be safe from such visual surveillance.  Violation of this paragraph is 
a Class C crime.
SUMMARY
Current law prohibits visual sexual aggression against a child, which is either a Class 
C crime if the child has not attained 12 years of age or a Class D crime if the child has not 
attained 14 years of age.
This bill amends that law to provide that visual sexual aggression against a child who 
has not attained 14 years of age is a Class C crime and retains as an element of the crime 
the motivation of the actor committing the crime for the purpose of causing affront or 
alarm when the actor exposes the actor's genitals to another person or causes the other 
person to expose that person's genitals to the actor.