An Act To Combat the Sexual Exploitation of Minors in Maine
Maine Legislature, Session 130, LD 0545
Committee: Judiciary
Sponsors: ANDREWS, DIAMOND, ROBERTS, WARREN
Amends: 17-A MRSA §852, 22 MRSA §4002, 22 MRSA §4004, 22 MRSA §4010-A, 22 MRSA §4019

Legislative Document
No. 545
H.P. 390
House of Representatives, February 24, 2021
An Act To Combat the Sexual Exploitation of Minors in Maine
(EMERGENCY)
Received by the Clerk of the House on February 22, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: ROBERTS of South Berwick, WARREN of Hallowell.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, minors in this State are the victims of sexual exploitation, sex trafficking, 
aggravated sex trafficking and prostitution; and
Whereas, the immediate passage of legislation to combat the sexual exploitation of 
minors is critical to strengthen the criminal justice system's response and human services 
response to child sexual exploitation, trafficking and prostitution; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §852, sub-§1, as amended by PL 2013, c. 407, §2, is further 
amended to read:
1.   A person is guilty of aggravated sex trafficking if the person knowingly:
A.  Promotes prostitution by compelling a person to enter into, engage in or remain in 
prostitution;
B.  Promotes prostitution of a person less than 18 years old of age; or
C.  Promotes prostitution of a person who suffers from a mental disability that is 
reasonably apparent or known to the actor and that in fact renders the other person 
substantially incapable of appraising the nature of the conduct involved.; or
D.  Engages in prostitution with a person less than 18 years of age or a person whom 
the actor believes to be less than 18 years of age or attempts to engage in prostitution 
with a person less than 18 years of age or a person whom the actor believes to be less 
than 18 years of age.
Sec. 2.  22 MRSA §4002, sub-§1, as amended by PL 2015, c. 360, §2, is further 
amended to read:
1.  Abuse or neglect.  "Abuse or neglect" means a threat to a child's health or welfare 
by physical, mental or emotional injury or impairment, sexual abuse or exploitation 
including under Title 17‑A, sections 282, 852, 853 and 855, deprivation of essential needs 
or lack of protection from these or failure to ensure compliance with school attendance 
requirements under Title 20‑A, section 3272, subsection 2, paragraph B or section 5051‑A, 
subsection 1, paragraph C, by a person responsible for the child, and sexual exploitation of 
a minor under Title 17-A, section 282, aggravated sex trafficking under Title 17-A, section 
852, sex trafficking under Title 17-A, section 853 and patronizing prostitution of a minor 
under Title 17-A, section 855, subsection 1.
Sec. 3.  22 MRSA §4002, sub-§1-B, ¶A, as amended by PL 2015, c. 360, §3, is 
further amended by amending subparagraph (1) to read:
(1)  Rape, gross sexual misconduct, gross sexual assault, sexual abuse, incest, 
aggravated assault, kidnapping, promotion of prostitution, sexual exploitation of a 
minor, sex trafficking or aggravated sex trafficking, abandonment, torture, chronic 
abuse or any other treatment that is heinous or abhorrent to society.
Sec. 4.  22 MRSA §4002, sub-§1-B, as amended by PL 2015, c. 360, §3, is further 
amended by enacting at the end a new first blocked paragraph to read:
"Aggravating factor" includes, regardless of whether the actor has a familial relationship 
to the child, sexual exploitation of a minor under Title 17-A, section 282; promotion of 
prostitution as defined in Title 17-A, section 851, subsection 2, paragraph A; aggravated 
sex trafficking under Title 17-A, section 852; sex trafficking under Title 17-A, section 853; 
and patronizing prostitution of a minor under Title 17-A, section 855, subsection 1.
Sec. 5.  22 MRSA §4004, sub-§1, ¶F, as amended by PL 2017, c. 473, §2, is further 
amended to read:
F.  Investigating suspicious child deaths.  An investigation under this paragraph is 
subject to and may not interfere with the authority and responsibility of the Attorney 
General to investigate and prosecute homicides pursuant to Title 5, section 200‑A; and
Sec. 6.  22 MRSA §4004, sub-§1, ¶G, as enacted by PL 2017, c. 473, §3, is 
amended to read:
G.  Requesting and receiving confidential criminal history record information, as 
defined by Title 16, section 703, subsection 2, from the Department of Public Safety 
and public criminal history record information, as defined by Title 16, section 703, 
subsection 8.; and
Sec. 7.  22 MRSA §4004, sub-§1, ¶H is enacted to read:
H.  Coordinating and providing care and services that are specialized to the needs of 
child victims of offenses under Title 17-A, sections 282, 852, 853 and 855.
Sec. 8.  22 MRSA §4004, sub-§4 is enacted to read:
4.  Specialization.  In carrying out its duties under this section, the department shall 
ensure that any investigation and provision of care and services in cases related to offenses 
under Title 17-A, sections 282, 852, 853 and 855 are specialized to the needs of child 
victims.
Sec. 9.  22 MRSA §4010-A, sub-§1, ¶C, as enacted by PL 1989, c. 223, is amended 
to read:
C.  The agency's course of action if allegations of abuse or neglect are made against 
the agency or its staff; and
Sec. 10.  22 MRSA §4010-A, sub-§1, ¶D, as corrected by RR 2003, c. 2, §78, is 
amended to read:
D.  The agency's grievance procedures for staff and for children and their parents or 
guardians regarding alleged abuse or neglect.; and
Sec. 11.  22 MRSA §4010-A, sub-§1, ¶E is enacted to read:
E.  Mechanisms to screen for and respond to child sex trafficking, including, but not 
limited to, offenses under Title 17-A, sections 282, 852, 853 and 855.  These 
mechanisms must include policies on coordinating and ensuring the provision of 
specialized services and trauma-informed care, including, but not limited to, mental 
health services, vocational and educational training and opportunities, legal services, 
appropriate housing and case management.
Sec. 12.  22 MRSA §4019, sub-§6, ¶C, as enacted by PL 2013, c. 364, §1, is 
amended to read:
C.  Coordinate the activities of governmental entities relating to child sexual abuse and 
other child abuse and neglect investigations and delivery of services to victims of child 
sexual abuse and other child abuse and neglect and their families, including acting as 
the coordinator and provider of specialized services for child victims of sex trafficking.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
The purpose of this bill is to strengthen the criminal justice system's and human 
services response to child sex trafficking.  It increases the criminal penalty for engaging in 
prostitution or attempting to engage in prostitution with a person less than 18 years of age 
or a person believed by the actor to be less than 18 years of age.  In the Child and Family 
Services and Child Protection Act, the bill adds to the definition of "abuse or neglect" 
sexual exploitation of a minor, aggravated sex trafficking, sex trafficking and patronizing 
prostitution of a minor and to the definition of "aggravating factor" promotion of 
prostitution, patronizing prostitution of a minor, sexual exploitation of a minor, sex 
trafficking and aggravated sex trafficking, regardless of whether the actor has a familial 
relationship to the child.  The bill adds to the duties of the Department of Health and Human 
Services coordinating and providing care and services specialized to the needs of child 
victims of sexual exploitation and requires programs that provide services to have policies 
that screen for and respond to child sex trafficking.  The bill requires the Department of 
Health and Human Services to ensure that investigation and provision of care and services 
in cases related to child sex trafficking are specialized to the needs of child victims.  The 
bill adds to the duties of child advocacy centers, requiring a center to act as coordinator and 
provider of specialized services for child victims of sex trafficking.