An Act To Prevent Law Enforcement Officers from Using Their Authority To Extract Sexual Favors
Maine Legislature, Session 129, LD 1375
Committee Amendment CA_A_H285 (House)
Amends: 17-A MRSA §253, 17-A MRSA §754, 25 MRSA §2806-A

COMMITTEE AMENDMENT "!},, to H.P. 996, L.D. 1375, Bill, "An Act To 
Prevent Law Enforcement Officers from Using Their Authority To Extract Sexual 
Favors" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit Certain Sexual Acts and Sexual Contact by Law Enforcement 
Officers in Performance of Official Duties and To Amend the Law on Obstructing 
Criminal Prosecution' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17-A MRSA §253, sub-§2, ~' as amended by PL 2017, c. 300, §1, is 
further amended to read: 
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; ru, 
Sec. 2. 17-A MRSA §253, sub-§2, ~' as enacted by PL 2017, c. 300, §2, is 
further amended to read: 
M. The other person has not expressly or impliedly acquiesced to the sexual act. 
Violation of this paragraph is a Class C crime._;__m: 
Sec. 3. 17-A MRSA §253, sub-§2, ~ 
is enacted to read: 
N. The actor is a law enforcement officer acting in performance of official duties and 
the other person, not the actor's spouse, is under arrest, in custody or being 
interrogated or temporarily detained, including during a traffic stop or questioning 
pursuant to an investigation of a crime. For the purposes of this paragraph, "law 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/J" to H.P. 996, L.D. 1375 
: l' • · 
enforcement officer" has the same meaning as in Title 25, section 2801-A, subsection 
5. Violation of this paragraph is a Class B crime. 
Sec. 4. 17-A MRSA §754, sub-§1, as amended by PL 2001, c. 383, §89 and 
affected by§ 156, is further amended to read: 
1. 
A person is guilty of obstructing criminal prosecution if: 
A. The person uses force, violence or intimidation, or the person promises, offers or 
gives any pecuniary benefit or anything of benefit to another, with the intent to 
induce the other: 
(1) To refrain from initiating a criminal prosecution or juvenile proceeding; or 
(2) 
To refrain from continuing with a criminal prosecution or juvenile 
proceeding that the other person has initiated; or 
B. The person solicits, accepts or agrees to accept any pecuniary benefit or anything 
of benefit to another in consideration of doing any of the things specified in this 
subsection. 
· 
Sec. 5. 25 MRSA §2806-A, sub-§5, ,r,rJ and K, as enacted by PL 2013, c. 147, 
§39, are amended to read: 
J. Engaging in conduct that violates the standards established by the board and that 
when viewed in light of the nature and purpose of the person's conduct and 
circumstances known to the person, involves a gross deviation from the standard of 
conduct that a reasonable and prudent certificate holder would observe in the same or 
similar situation; at*1 
K. Engaging in a sexual act, as defined in Title 17-A, section 251, subsection 1, 
paragraph C, or in sexual contact, as defined in Title 17-A, section 251, subsection 1, 
paragraph D, with another person, not the person's spouse, if at the time of the sexual 
act or sexual contact: 
(1) 
The officer was engaged in an investigation or purported investigation 
involving an allegation of abuse, as defmed in former Title 19, section 762, 
subsection 1 and in Title 19-A, section 4002, subsection 1; 
(2) The other person was the alleged victim of that abuse; 
(3) The parties did not have a preexisting and ongoing sexual relationship that 
included engaging in any sexual act or sexual contact; and 
(4) Less than 60 days had elapsed since the officer initially became involved in 
the investigation or purported investigation7; and 
Sec. 6. 25 MRSA §2806-A, sub-§5, ~ 
is enacted to read: 
L. Engaging in sexual contact, as defined in Title 17-A, section 251, subsection 1, 
paragraph D, with another person, not the person's spouse, if at the time of the sexual 
contact the applicant or certificate holder is acting in performance of official duties 
and the other person is under a1Test, in custody or being interrogated or temporarily 
detained, including during a traffic stop or questioning pursuant to an investigation of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ;/, to H.P. 996, L.D. 1375 
; ; ·• 
a crime, except that it is not grounds for discipline that a certificate holder properly 
performs a search of a person for legitimate law enforcement purposes consistent 
with training standards approved by the board.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill and provides a new title. The amendment provides 
that a law enforcement officer commits Class B gross sexual assault if the officer, in the 
perf01mance of the officer's official duties, engages in a sexual act with another person, 
not the officer's spouse, while the other person is under arrest, in custody or being 
interrogated or temporarily detained, including during a traffic stop or questioning 
pursuant to an investigation of a crime. The amendment subjects to disciplinary sanctions 
by the Board of Trustees of the Maine Criminal Justice Academy an applicant or 
certificate holder who engages in sexual contact, as defined in the Maine Revised 
Statutes, Title 17-A, section 251, subsection 1, paragraph D, with another person, not the 
person's spouse, if at the time of the sexual contact the applicant or certificate holder is 
acting in performance of official duties and the other person is under arrest, in custody or 
being interrogated or temporarily detained, including during a traffic stop or questioning 
pursuant to an investigation of a crime, except that it is not grounds for discipline that a 
certificate holder properly performs a search of a person for legitimate law enforcement 
purposes consistent with training standards approved by the board. The amendment also 
prohibits, as obstructing criminal prosecution, giving anything of benefit to another 
person with the intent to induce the other person to refrain from initiating or continuing 
with a criminal prosecution or juvenile proceeding or soliciting, accepting or agreeing to 
accept anything of benefit for those purposes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/03/19 frac 
LD 1375 
LR20(02) 
An Act To Prevent Law Enforcement Officers from Using Their Authority To Extract Sexual Favors 
Fiscal Note for Bill as Amended by Committee Amendment "K j/-d ff s) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Cunent biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new Class B crimes; increases correctional and judicial costs. 
Establishes new Class C crimes; increases correctional and judicial costs. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
The Department of Corrections has not indicated a need for additional funding at this time. 
Fiscal Detail and Notes 
This bill creates a new variant of gross sexual assault as a Class B crime for ce1iain situations involving law 
enforcement officers. It also expands Class c· crimes by adding to the conduct that is prohibited as obstructing 
criminal prosecution giving "anything of benefit" to another with the intent to induce the other person to refrain from 
initiating or continuing with a criminal prosecution. 
LR0020(02) - Fiscal Note - Page 1 of I