An Act To Amend Certain Provisions of the Maine Criminal Code and the Maine Bail Code
Maine Legislature, Session 130, LD 1351
Committee: Criminal Justice and Public Safety
Sponsors: LAWRENCE
Amends: 17-A MRSA §255-A, 17-A MRSA §260, 17-A MRSA §261, 17-A MRSA §353, 17-A MRSA §354, 17-A MRSA §354-A, 17-A MRSA §356-A, 17-A MRSA §357, 17-A MRSA §358, 17-A MRSA §359, 17-A MRSA §552, 17-A MRSA §853-A, 17-A MRSA §1604, 17-A MRSA §1610, 17-A MRSA §1802, 19-A MRSA §2152, 22 MRSA §4008, 34-A MRSA §3035, 34-A MRSA §11203, 15 MRSA §1026, 15 MRSA §1091, 15 MRSA §1091-A, 15 MRSA §1092

Legislative Document
No. 1351
S.P. 436
In Senate, April 7, 2021
An Act To Amend Certain Provisions of the Maine Criminal Code 
and the Maine Bail Code
Received by the Secretary of the Senate on April 5, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LAWRENCE of York.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  17-A MRSA §255-A, sub-§1, ¶S, as amended by PL 2005, c. 450, §1, 
is further amended to read:
S.  The other person, not the actor's spouse, is in fact less than 18 years of age and is a 
student enrolled in a private or public elementary, secondary or special education 
school, facility or institution and the actor, who is at least 21 years of age, is a teacher, 
employee or other official in the school district, school union, educational unit, school, 
facility or institution in which the student is enrolled.  Violation of this paragraph is a 
Class E D crime;
Sec. A-2.  17-A MRSA §255-A, sub-§1, ¶T, as amended by PL 2005, c. 450, §1, 
is repealed.
Sec. A-3.  17-A MRSA §260, sub-§1, ¶J, as amended by PL 2011, c. 423, §7, is 
further amended to read:
J.  The other person, not the actor's spouse, is in fact less than 18 years of age and is a 
student enrolled in a private or public elementary, secondary or special education 
school, facility or institution and the actor, who is at least 21 years of age, is a teacher, 
employee or other official in the school district, school union, educational unit, school, 
facility or institution in which the student is enrolled.  Violation of this paragraph is a 
Class E D crime;
Sec. A-4.  17-A MRSA §261, sub-§1, as amended by PL 2009, c. 365, Pt. A, §1, 
is further amended by amending the first blocked paragraph to read:
Violation of this subsection is a Class E D crime.
Sec. A-5.  17-A MRSA §353, sub-§1, ¶B, as amended by PL 2007, c. 476, §10, is 
further amended by amending subparagraph (5) to read:
(5)  The value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
Sec. A-6.  17-A MRSA §353, sub-§1, ¶B, as amended by PL 2007, c. 476, §10, is 
further amended by enacting a new subparagraph (7) to read:
(7)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to conduct prohibited by paragraph A or 
Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime; or
Sec. A-7.  17-A MRSA §354, sub-§1, ¶B, as amended by PL 2007, c. 476, §11, is 
further amended by amending subparagraph (5) to read:
(5)  The value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
Sec. A-8.  17-A MRSA §354, sub-§1, ¶B, as amended by PL 2007, c. 476, §11, is 
further amended by amending subparagraph (6) to read:
(6)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar conduct 
to that of the Maine offenses listed in this subparagraph in another jurisdiction.  
The Maine offenses are:  theft; any violation of section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of section 405 
in which the crime intended to be committed inside the motor vehicle is theft; any 
violation of section 651; any violation of section 702, 703 or 708; or attempts to 
commit any of these crimes.  Section 9‑A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime.; or
Sec. A-9.  17-A MRSA §354, sub-§1, ¶B, as amended by PL 2007, c. 476, §11, is 
further amended by enacting a new subparagraph (7) to read:
(7)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to the conduct prohibited by paragraph 
A of Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime.
Sec. A-10.  17-A MRSA §354-A, sub-§1, ¶B, as amended by PL 2007, c. 476, 
§12, is further amended by amending subparagraph (5) to read:
(5)  The value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
Sec. A-11.  17-A MRSA §354-A, sub-§1, ¶B, as amended by PL 2007, c. 476, 
§12, is further amended by amending subparagraph (6) to read:
(6)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar conduct 
to that of the Maine offenses listed in this subparagraph in another jurisdiction.  
The Maine offenses are:  theft; any violation of section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of section 405 
in which the crime intended to be committed inside the motor vehicle is theft; any 
violation of section 651; any violation of section 702, 703 or 708; or attempts to 
commit any of these crimes.  Section 9‑A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime.; or
Sec. A-12.  17-A MRSA §354-A, sub-§1, ¶B, as amended by PL 2007, c. 476, 
§12, is further amended by enacting a new subparagraph (7) to read:
(7)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to the conduct prohibited by paragraph 
A or Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime.
Sec. A-13.  17-A MRSA §356-A, sub-§1, ¶B, as amended by PL 2007, c. 476, 
§13, is further amended by amending subparagraph (5) to read:
(5)  The value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
Sec. A-14.  17-A MRSA §356-A, sub-§1, ¶B, as amended by PL 2007, c. 476, 
§13, is further amended by amending subparagraph (6) to read:
(6)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar conduct 
to that of the Maine offenses listed in this subparagraph in another jurisdiction.  
The Maine offenses are:  theft; any violation of section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of section 405 
in which the crime intended to be committed inside the motor vehicle is theft; any 
violation of section 651; any violation of section 702, 703 or 708; or attempts to 
commit any of these crimes.  Section 9‑A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime.; or
Sec. A-15.  17-A MRSA §356-A, sub-§1, ¶B, as amended by PL 2007, c. 476, 
§13, is further amended by enacting a new subparagraph (7) to read:
(7)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to the conduct prohibited by paragraph 
A or Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime.
Sec. A-16.  17-A MRSA §357, sub-§1, ¶B, as amended by PL 2007, c. 476, §14, 
is further amended by amending subparagraph (4) to read:
(4)  The value of the services is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
Sec. A-17.  17-A MRSA §357, sub-§1, ¶B, as amended by PL 2007, c. 476, §14, 
is further amended by amending subparagraph (5) to read:
(5)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar conduct 
to that of the Maine offenses listed in this subparagraph in another jurisdiction.  
The Maine offenses are:  theft; any violation of section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of section 405 
in which the crime intended to be committed inside the motor vehicle is theft; any 
violation of section 651; any violation of section 702, 703 or 708; or attempts to 
commit any of these crimes.  Section 9‑A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime.; or
Sec. A-18.  17-A MRSA §357, sub-§1, ¶B, as amended by PL 2007, c. 476, §14, 
is further amended by enacting a new subparagraph (6) to read:
(6)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to the conduct prohibited by paragraph 
A or Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime.
Sec. A-19.  17-A MRSA §358, sub-§1, ¶B, as amended by PL 2007, c. 476, §16, 
is further amended by amending subparagraph (8) to read:
(8)  The person is a payroll processor and has 2 or more prior convictions for any 
combination of the Maine offenses listed in this subparagraph or for engaging in 
substantially similar conduct to that of the Maine offenses listed in this 
subparagraph in another jurisdiction.  The Maine offenses are:  theft; any violation 
of section 401 in which the crime intended to be committed inside the structure is 
theft; any violation of section 405 in which the crime intended to be committed 
inside the motor vehicle is theft; any violation of section 651; any violation of 
section 702, 703 or 708; or attempts to commit any of these crimes.  Section 9‑A 
governs the use of prior convictions when determining a sentence.  Violation of 
this subparagraph is a Class B crime; or
Sec. A-20.  17-A MRSA §358, sub-§1, ¶B, as amended by PL 2007, c. 476, §16, 
is further amended by amending subparagraph (9) to read:
(9)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar conduct 
to that of the Maine offenses listed in this subparagraph in another jurisdiction.  
The Maine offenses are:  theft; any violation of section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of section 405 
in which the crime intended to be committed inside the motor vehicle is theft; any 
violation of section 651; any violation of section 702, 703 or 708; or attempts to 
commit any of these crimes.  Section 9‑A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime.; or
Sec. A-21.  17-A MRSA §358, sub-§1, ¶B, as amended by PL 2007, c. 476, §16, 
is further amended by enacting a new subparagraph (10) to read:
(10)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to the conduct prohibited by paragraph 
A or Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime.
Sec. A-22.  17-A MRSA §359, sub-§1, ¶B, as amended by PL 2007, c. 476, §17, 
is further amended by amending subparagraph (5) to read:
(5)  The value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
Sec. A-23.  17-A MRSA §359, sub-§1, ¶B, as amended by PL 2007, c. 476, §17, 
is further amended by amending subparagraph (6) to read:
(6)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar conduct 
to that of the Maine offenses listed in this subparagraph in another jurisdiction.  
The Maine offenses are:  theft; any violation of section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of section 405 
in which the crime intended to be committed inside the motor vehicle is theft; any 
violation of section 651; any violation of section 702, 703 or 708; or attempts to 
commit any of these crimes.  Section 9‑A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime.; or
Sec. A-24.  17-A MRSA §359, sub-§1, ¶B, as amended by PL 2007, c. 476, §17, 
is further amended by enacting a new subparagraph (7) to read:
(7)  The person has 2 or more prior convictions for any combination of conduct 
prohibited by paragraph A or Maine offenses listed in this subparagraph or for 
engaging in substantially similar conduct to the conduct prohibited by paragraph 
A or Maine offenses listed in this subparagraph in another jurisdiction.  The Maine 
offenses are:  theft; any violation of section 401 in which the crime intended to be 
committed inside the structure is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle is theft; any violation of 
section 651; any violation of section 702, 703 or 708; or attempts to commit any 
of these crimes.  Section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class D crime.
Sec. A-25.  17-A MRSA §552, sub-§3, as enacted by PL 1975, c. 499, §1, is 
amended to read:
3.   Nonsupport of dependents is a Class E D crime.
Sec. A-26.  17-A MRSA §853-A, sub-§1, as amended by PL 2019, c. 113, Pt. C, 
§64, c. 131, §1 and c. 316, §1, is further amended to read:
1.   A person who has in fact attained 18 years of age is guilty of engaging in prostitution 
if:
A.  The person engages in prostitution as defined in section 851.  Violation of this 
paragraph is a Class E crime, except that the sentencing alternative may include only 
the penalties provided in section 1704, subsection 5 and section 1705, subsection 5; or
B.  The person violates paragraph A and, at the time of the offense, the person has one 
or more prior convictions under this section or for engaging in substantially similar 
conduct to that contained in this section in another jurisdiction.  Section 9‑A governs 
the use of prior convictions when determining a sentence, except that, for the purposes 
of this paragraph, the date of the prior conviction may not precede the commission of 
the offense by more than 2 years.  Violation of this paragraph is a Class E D crime.
Sec. A-27.  17-A MRSA §1604, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
1.  Maximum terms of imprisonment dependent on crime class.   Unless a different 
maximum term of imprisonment is specified by statute, the maximum term of 
imprisonment is as follows:
A.  In the case of a Class A crime, 30 years;
B.  In the case of a Class B crime, 10 years;
C.  In the case of a Class C crime, 5 years; or
D.  In the case of a Class D crime, less than one year; or.
E.  In the case of a Class E crime, 6 months.
Unless a specific term of imprisonment is required by statute to be imposed, no term of 
imprisonment may be imposed for a Class E crime.
Sec. A-28.  17-A MRSA §1604, sub-§5, ¶D is enacted to read:
D.  If the State pleads and proves that, at the time that any Class E crime was 
committed, the defendant had 2 or more prior convictions in this State for the same 
Class E crime or for an attempt to commit that Class E crime or for a crime involving 
substantially similar conduct or for an attempt to commit that crime in another 
jurisdiction, the sentencing class for the crime is one class higher than it would 
otherwise be.
Sec. A-29.  17-A MRSA §1610, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
1.  Class D or Class E crimes.   The court shall specify a county jail as the place of 
imprisonment for an individual convicted of a Class D or Class E crime, except that, if a 
sentence to a term of imprisonment in a county jail is consecutive to or is to be followed 
by a sentence to a term of imprisonment in the custody of the Department of Corrections, 
the court imposing either sentence may order that both be served in the custody of the 
Department of Corrections.  If a court imposes consecutive terms of imprisonment for Class 
D or Class E crimes and the aggregate length of the terms imposed is one year or more, the 
court may order that they be served in the custody of the Department of Corrections.
Sec. A-30.  17-A MRSA §1802, sub-§1, ¶B, as enacted by PL 2019, c. 113, Pt. A, 
§2, is amended to read:
B.  The conviction is for a Class D or Class E crime other than:
(1)  A Class D or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable cause 
to believe the person had committed a Class A, Class B or Class C crime in the 
course of that criminal episode and, as agreed upon in writing by the parties and 
found by the court, the person does not have a prior conviction for murder or for a 
Class A, Class B or Class C crime and has not been placed on probation pursuant 
to this subparagraph on any prior occasion;
(2)  A Class D crime that the State pleads and proves was committed against a 
family or household member or a dating partner under chapter 9 or 13 or section 
554, 555 or 758;
(3)  A Class D crime under Title 5, section 4659, subsection 1; Title 15, section 
321, subsection 6; or Title 19‑A, section 4011, subsection 1;
(4)  A Class D or Class E crime in chapter 11 or 12;
(5)  A Class D crime under section 210‑A;
(6)  A Class E D crime under section 552;
(7)  A Class D or Class E crime under section 556, section 853, section 854, 
excluding subsection 1, paragraph A, subparagraph (1), or section 855;
(8)  A Class D crime in chapter 45 relating to a schedule W drug;
(9)  A Class D or Class E crime under Title 29‑A, section 2411, subsection 1‑A, 
paragraph B;
(10)  A Class D crime under Title 17, section 1031; or
(11)  A Class E D crime under Title 15, section 1092, subsection 1, paragraph A, 
if the condition of release violated is specified in Title 15, section 1026, subsection 
3, paragraph A, subparagraph (5) or (8) and the underlying crime involved 
domestic violence;
Sec. A-31.  19-A MRSA §2152, sub-§11, as amended by PL 2019, c. 113, Pt. C, 
§65, is further amended to read:
11.  Confidentiality of information; unlawful dissemination; penalty.  All 
information collected in connection with the department's child support enforcement 
activity and medical support recoupment pursuant to this section is confidential and 
available only for the use of appropriate departmental personnel and legal counsel for the 
department in carrying out their functions.  A person is guilty of unlawful dissemination if 
that person knowingly disseminates information in violation of this subsection.  Unlawful 
dissemination is a Class E crime that, notwithstanding Title 17-A, section 1604, subsection 
1, paragraph E, is punishable by a fine of not more than $500 or by imprisonment for not 
more than 30 days.
Sec. A-32.  22 MRSA §4008, sub-§4, as amended by PL 2019, c. 113, Pt. C, §67, 
is further amended to read:
4.  Unlawful dissemination; penalty.  A person is guilty of unlawful dissemination if 
the person knowingly disseminates records that are determined confidential by this section, 
in violation of the mandatory or optional disclosure provisions of this section.  Unlawful 
dissemination is a Class E crime that, notwithstanding Title 17-A, section 1604, subsection 
1, paragraph E, is punishable by a fine of not more than $500 or by imprisonment for not 
more than 30 days.
Sec. A-33.  34-A MRSA §3035, sub-§4, ¶B, as amended by PL 2019, c. 113, Pt. 
C, §89, is further amended to read:
B.  Interference with a rehabilitative program or furlough is a Class E crime, except 
that, notwithstanding Title 17‑A, section 1604, subsection 1, paragraph E, the court 
may sentence a person to imprisonment for not more than 11 months.
Sec. A-34.  34-A MRSA §11203, sub-§6, ¶B, as repealed and replaced by PL 
2013, c. 424, Pt. A, §19, is amended to read:
B.  A violation under former Title 17, section 2922; former Title 17, section 2923; 
former Title 17, section 2924; Title 17‑A, section 253, subsection 2, paragraph E, F, G, 
H, I or J; Title 17‑A, section 254; former Title 17-A, section 255, subsection 1, 
paragraph A, E, F, G, I or J; former Title 17‑A, section 255, subsection 1, paragraph B 
or D if the crime was not elevated a class under former Title 17‑A, section 255, 
subsection 3; Title 17‑A, section 255‑A, subsection 1, paragraph A, B, C, F-2, G, I, J, 
K, L, M, N, Q, R, or S or T; Title 17‑A, section 256; Title 17‑A, section 258; former 
Title 17‑A, section 259; Title 17‑A, section 282; Title 17‑A, section 283; Title 17‑A, 
section 284; Title 17‑A, section 301, subsection 1, paragraph A, subparagraph (3), 
unless the actor is a parent of the victim; Title 17‑A, section 511, subsection 1, 
paragraph D; Title 17‑A, section 556; Title 17‑A, section 852, subsection 1, paragraph 
B; or Title 17‑A, section 855;
PART B
Sec. B-1.  15 MRSA §1026, sub-§2-A, as enacted by PL 2007, c. 374, §5, is 
amended to read:
2-A.  Release on personal recognizance or unsecured appearance bond.  The 
judicial officer shall order the pretrial release of the defendant for a Class E offense.  For 
all other criminal offenses, the judicial officer shall order the pretrial release of the 
defendant on personal recognizance or upon execution of an unsecured appearance bond in 
an amount specified by the judicial officer, unless, after consideration of the factors listed 
in subsection 4, the judicial officer determines that:
A.  The release would not reasonably ensure the appearance of the defendant as 
required;
B.  The release would not reasonably ensure that the defendant would refrain from any 
new criminal conduct;
C.  The release would not reasonably ensure the integrity of the judicial process; or
D.  The release would not reasonably ensure the safety of others in the community.
Sec. B-2.  15 MRSA §1091, sub-§1, ¶A, as enacted by PL 2003, c. 452, Pt. H, §2 
and affected by Pt. X, §2, is amended to read:
A.  A Class E D crime if the underlying crime was punishable by a maximum period 
of imprisonment of less than one year; or
Sec. B-3.  15 MRSA §1091-A, sub-§1, ¶A, as enacted by PL 1995, c. 456, §1, is 
amended to read:
A.  A Class E D crime if the underlying crime was punishable by a maximum period 
of imprisonment of less than one year; or
Sec. B-4.  15 MRSA §1092, sub-§1, ¶A, as enacted by PL 2003, c. 452, Pt. H, §3 
and affected by Pt. X, §2, is amended to read:
A.  A Class E D crime; or
Sec. B-5.  15 MRSA §1092, sub-§4, ¶A, as enacted by PL 2011, c. 341, §3, is 
amended to read:
A.  The condition of release alleged to be violated relates to new criminal conduct for 
a crime classified as Class C or above or for a Class D or Class E crime involving 
domestic violence, sexual assault pursuant to Title 17‑A, chapter 11 or sexual 
exploitation of minors pursuant to Title 17‑A, chapter 12;
SUMMARY
This bill amends provisions of the Maine Criminal Code in Part A and provisions of 
the Maine Bail Code in Part B.
In Part A this bill strengthens the laws on unlawful sexual contact with a prohibited 
person, unlawful sexual touching and prohibited contact with a minor. The bill decreases 
the class of certain subsequent convictions of theft by unauthorized taking or transfer, theft 
by deception, insurance deception, theft of lost, mislaid or mistakenly delivered property, 
theft of services, theft by misapplication of property and receiving stolen property.  The 
bill increases the penalty for nonsupport of dependents and repeat convictions for engaging 
in prostitution and repeals the provisions of law that limit sentences for engaging in 
prostitution to fines.  With regard to certain crimes of theft, the bill raises the class of a 
Class E crime when at the time that the crime was committed the defendant has 2 or more 
prior convictions for that crime or a substantially similar crime or an attempt to commit 
that crime in Maine or another jurisdiction.  With respect to Class E crimes, the bill repeals 
provisions of law that limit the place of imprisonment to a county jail and allows 
commitment to the Department of Corrections.  Also, with respect to Class E crimes, the 
bill repeals the maximum term of imprisonment of 6 months, which is currently required 
to be imposed if the statute does not specify a term, and instead specifies that there may be 
no term of imprisonment imposed for a Class E crime unless a specific term is required by 
statute. The bill repeals the provision of law that prohibits sentences of probation for certain 
Class E crimes. 
In Part B this bill requires pretrial release for a person charged with a Class E offense.  
The bill increases from Class E to Class D the penalties for a person who fails to appear 
while on preconviction or postconviction bail and a juvenile who fails to report after stay 
of execution.  The bill raises the level of crime from Class E to Class D for a defendant on 
preconviction or postconviction bail who violates a condition of release.