An Act To Prevent Law Enforcement Officers from Using Their Authority To Extract Sexual Favors
Maine Legislature, Session 129, LD 1375
Committee: Criminal Justice and Public Safety
Sponsors: McCREA, MIRAMANT, MILLETT, ALLEY, DODGE, FECTEAU, MARTIN, O'NEIL, CARPENTER
Amends: 17-A MRSA §255-A

Legislative Document
No. 1375
H.P. 996
House of Representatives, March 21, 2019
An Act To Prevent Law Enforcement Officers from Using Their 
Authority To Extract Sexual Favors
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREA of Fort Fairfield.
Cosponsored by Senator MIRAMANT of Knox, Senator MILLETT of Cumberland and
Representatives: ALLEY of Beals, DODGE of Belfast, FECTEAU of Augusta, MARTIN of 
Sinclair, O'NEIL of Saco, Senator: CARPENTER of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §255-A, sub-§1, ¶¶W and X, as enacted by PL 2011, c. 
423, §6, are amended to read:
W.  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 D crime; or
X.  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 and the sexual contact 
includes penetration.  For the purposes of this paragraph, "domestic partners" means 
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.;
Sec. 2.  17-A MRSA §255-A, sub-§1, ¶¶ Y and Z are enacted to read:
Y.  The actor is a law enforcement officer and the other person, not the actor's spouse, 
is under arrest, in custody, being interrogated or temporarily detained, including 
during a traffic stop or questioning pursuant to an investigation of a crime, by the 
actor.  Violation of this paragraph is a Class D crime; or
Z.  The actor is a law enforcement officer and the other person, not the actor's spouse, 
is under arrest, in custody, being interrogated or temporarily detained, including 
during a traffic stop or questioning pursuant to an investigation of a crime, by the 
actor and the sexual contact includes penetration.  Violation of this paragraph is a 
Class C crime.
SUMMARY
This bill makes sexual contact between a law enforcement officer and a person who 
is not the law enforcement officer's spouse while the person is under arrest, in custody, 
being interrogated or temporarily detained, including during a traffic stop or questioning 
pursuant to an investigation of a crime, by the law enforcement officer a Class D crime.  
If the sexual contact involves penetration, the sexual contact is a Class C crime.