An Act To Decriminalize Engaging in Prostitution
Maine Legislature, Session 129, LD 0326
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT
Amends: 5 MRSA §3360-I, 17-A MRSA §251, 17-A MRSA §253-A, 17-A MRSA §851, 17-A MRSA §853, 17-A MRSA §853-A, 17-A MRSA §853-B, 17-A MRSA §1252, 18-C MRSA §9

Legislative Document
No. 326
H.P. 251
House of Representatives, January 24, 2019
An Act To Decriminalize Engaging in Prostitution
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  5 MRSA §3360-I, first ¶, as amended by PL 2013, c. 607, §1, is 
further amended to read:
As part of the sentence or fine imposed, the court shall impose an assessment of $35 
on any person convicted of murder, a Class A crime, a Class B crime or a Class C crime 
and $20 on any person convicted of a Class D crime or a Class E crime, except that the 
court shall impose an assessment of $1,000 on any person convicted of aggravated sex 
trafficking as described in Title 17-A, section 852, an assessment of $500 on any person 
convicted of sex trafficking as described in Title 17-A, section 853, an assessment of 
$500 on any person for the first conviction and $1,000 for each subsequent conviction of 
engaging a prostitute prostituted person as described in Title 17-A, section 853-B 253-A 
and an assessment of $500 on any person for the first conviction and $1,000 for each 
subsequent conviction of patronizing prostitution of a minor or patronizing prostitution of 
a mentally disabled person as described in Title 17-A, section 855.  Notwithstanding any 
other law, the court may not waive the imposition of the assessment required by this 
section.  For purposes of collection and collection procedures, this assessment is 
considered part of the fine.  At the time of commitment, the court shall inform the 
Department of Corrections or the county sheriff of any unpaid balances on assessments 
owed by the offender to the Victims' Compensation Fund.  All funds collected as a result 
of these assessments accrue to the Victims' Compensation Fund.
Sec. A-2.  17-A MRSA §251, sub-§1, ¶¶H and I are enacted to read:
H.  "Engages a prostituted person" means providing or agreeing to provide, either to 
the person whose prostitution is sought or to a 3rd person, pecuniary benefit in return 
for a sexual act as defined in paragraph C or sexual contact as defined in paragraph 
D.
I.  "Prostitution" means engaging in, or agreeing to engage in, or offering to engage in 
a sexual act as defined in paragraph C or sexual contact as defined in paragraph D, in 
return for a pecuniary benefit to be received by the person engaging in prostitution or 
a 3rd person.
Sec. A-3.  17-A MRSA §253-A is enacted to read:
§253-A.  Engaging a prostituted person
1.  A person is guilty of engaging a prostituted person if the person engages a 
prostituted person within the meaning of section 251, subsection 1, paragraph H.  
Violation of this subsection is a Class D crime.
Sec. A-4.  17-A MRSA §851, as amended by PL 1995, c. 638, §§1 to 3, is further 
amended to read:
§851.  Definitions
As used in this chapter:
1.    "Prostitution" means engaging in, or agreeing to engage in, or offering to engage 
in a sexual act or sexual contact, as those terms are defined in section 251, in return for a 
pecuniary benefit to be received by the person engaging in prostitution or a 3rd person;
1-A.    "Engages a prostitute prostituted person" means providing or agreeing to 
provide, either to the person whose prostitution is sought or to a 3rd person, pecuniary 
benefit in return for a sexual act or sexual contact as those terms are defined in section 
251;
2.    "Promotes prostitution" means: 
A.  Causing or aiding another to commit or engage in prostitution, other than as a 
patron;
B.  Publicly soliciting patrons for prostitution. Publicly soliciting patrons for 
prostitution includes, but is not limited to, an offer, made in a public place, for a 
prostituted person who is not the person making the offer to engage in a sexual act or 
sexual contact, as those terms are defined in section 251, in return for a pecuniary 
benefit to be received by the person making the offer or a 3rd person;
C.  Providing persons for purposes of prostitution;
D.  Leasing or otherwise permitting a place controlled by the defendant, alone or in 
association with others, to be regularly used for prostitution;
E.  Owning, controlling, managing, supervising or otherwise operating, in association 
with others, a house of prostitution or a prostitution business;
F.  Transporting a person into or within the State with the intent that such other 
person engage in prostitution; or
G.  Accepting or receiving, or agreeing to accept or receive, a pecuniary benefit 
pursuant to an agreement or understanding with any person, other than with a 
prostituted person or a patron, whereby the person participates or the person is to 
participate in the proceeds of prostitution.
Sec. A-5.  17-A MRSA §853, sub-§1, ¶B, as amended by PL 2015, c. 360, §1, is 
further amended to read:
B.  The person violates paragraph A and has 2 or more prior convictions in this State 
for any combination of the Maine offenses listed in this paragraph or for engaging in 
substantially similar conduct to that of the Maine offenses listed in this paragraph in 
another jurisdiction.  The Maine offenses are any violation of this section, section 
253-A or section 852, former section 853-A, former section 853-B or section 855 or 
attempts to commit any of these crimes.  Section 9-A governs the use of prior 
convictions when determining a sentence.  Violation of this paragraph is a Class C 
crime.
Sec. A-6.  17-A MRSA §853-A, as amended by PL 2013, c. 537, §5, is repealed.
Sec. A-7.  17-A MRSA §853-B, as amended by PL 2013, c. 407, §4, is repealed.
Sec. A-8.  17-A MRSA §1252, sub-§4-A, as amended by PL 2017, c. 336, §1, is 
further amended to read:
4-A.  If the State pleads and proves that, at the time any crime, excluding murder, 
under chapter 9, 11, 12, 13, 27 or 35, excluding former section 853-A; section 402-A, 
subsection 1, paragraph A; or section 752-A or 752-C was committed, or an attempt of 
any such crime was committed, the defendant had 2 or more prior convictions under 
chapter 9, 11, 12, 13, 27 or 35, excluding former section 853-A; section 402-A, 
subsection 1, paragraph A; or section 752-A or 752-C, or for an attempt of any such 
crime, or for engaging in substantially similar conduct in another jurisdiction, the 
sentencing class for the crime is one class higher than it would otherwise be.  In the case 
of a Class A crime, the sentencing class is not increased, but the prior record must be 
given serious consideration by the court when imposing a sentence.  Section 9-A governs 
the use of prior convictions when determining a sentence, except that, for the purposes of 
this subsection, for violations under chapter 11, the dates of prior convictions may have 
occurred at any time.  This subsection does not apply to section 210-A if the prior 
convictions have already served to enhance the sentencing class under section 210-A, 
subsection 1, paragraph C or any other offense in which prior convictions have already 
served to enhance the sentencing class.
Sec. A-9.  18-C MRSA §9-401, sub-§4, ¶F, as enacted by PL 2017, c. 402, Pt. 
A, §2 and affected by Pt. F, §1, is amended to read:
F.  Has in that child's family background factors such as severe mental illness, 
substance abuse, prostitution, genetic or medical conditions or illnesses that place the 
child at risk for future problems.
PART B
Sec. B-1.  15 MRSA c. 313 is enacted to read:
CHAPTER 313
EXPUNGEMENT OF RECORDS
§2321.  Expungement of records of the crime of engaging in prostitution
1.  Engaging in the crime of prostitution.  A person convicted of a crime of 
engaging in prostitution in this State may petition the court in which the conviction was 
recorded to expunge the record of the conviction. The court shall order all records of the 
conviction expunged if the convicted person has not been convicted of a violation of Title 
17-A, section 253-A, 852 or 853 or former section 853-A and has no formal charging 
instrument pending in this State for a violation of Title 17-A, section 253-A, 852 or 853.
2.  State Bureau of Identification.  Following receipt of a court order for 
expungement under subsection 1, the Department of Public Safety, State Bureau of 
Identification shall make the necessary arrangements with the identification division of 
the Federal Bureau of Investigation to have all references to the expunged crime deleted 
from the Federal Bureau of Investigation's identification record and any state materials 
returned to the contributing agency.
SUMMARY
Part A decriminalizes engaging in prostitution by making the following amendments 
to the laws.
1.  It changes the term "prostitute" to the term "prostituted person" in the law on 
funding for the Victims' Compensation Fund and in the definitions in the Maine Revised 
Statutes, Title 17-A, section 851.
2.  It repeals the crime of engaging a prostitute in Title 17-A, section 853-B and 
places the provision in Title 17-A, chapter 11, which governs sexual assaults, in section 
253-A using the term "engaging a prostituted person" instead of the term "engaging a 
prostitute."  It provides definitions in chapter 11 for "engaging a prostituted person" and 
"prostitution."
3.  It repeals the crime of engaging in prostitution.
4.  It removes from the adoption assistance program reference to prostitution in the 
examples of family background factors that are used to define a special needs child.
Part B allows a person convicted of a crime of engaging in prostitution in this State to 
petition the court in which the conviction was recorded to expunge the record of the 
conviction. It authorizes the court to order all records of the conviction expunged if the 
convicted person has not been convicted of a violation of Title 17-A, section 253-A, 852 
or 853 or former section 853-A and has no formal charging instrument pending in this 
State for a violation of Title 17-A, section 253-A, 852 or 853.  Part B requires the 
Department of Public Safety, State Bureau of Identification, following receipt of a court 
order for expungement, to make the necessary arrangements with the identification 
division of the Federal Bureau of Investigation to have all references to the expunged 
crime deleted from the Federal Bureau of Investigation's identification record and any 
state materials returned to the contributing agency.