An Act To Decriminalize Engaging in Prostitution, Strengthen the Laws against Commercial Sexual Exploitation and Allow a Person Convicted of Engaging in Prostitution To Petition the Court To Expunge the Record of Conviction
Maine Legislature, Session 130, LD 1592
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT, CARNEY, BROOKS, BRYANT, GRAMLICH, LOOKNER, MORALES, PEBWORTH, PLUECKER, WARREN
Amends: 5 MRSA §3360-I, 17-A MRSA §151, 17-A MRSA §251, 17-A MRSA §259-B, 17-A MRSA §262, 17-A MRSA §853, 17-A MRSA §853-A, 17-A MRSA §853-B, 17-A MRSA §855, 17-A MRSA §1604, 17-A MRSA §1902, 18-C MRSA §9, 34-A MRSA §11273

Legislative Document
No. 1592
H.P. 1181
House of Representatives, April 27, 2021
An Act To Decriminalize Engaging in Prostitution, Strengthen the 
Laws against Commercial Sexual Exploitation and Allow a Person 
Convicted of Engaging in Prostitution To Petition the Court To 
Expunge the Record of Conviction
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.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: BROOKS of Lewiston, BRYANT of Windham, GRAMLICH of Old Orchard 
Beach, LOOKNER of Portland, MORALES of South Portland, PEBWORTH of Blue Hill, 
PLUECKER of Warren, WARREN of Hallowell.
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 853 262, an assessment of 
$500 on any person for the first conviction and $1,000 for each subsequent conviction of 
engaging a prostitute as described in Title 17‑A, section 853‑B 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 §151, sub-§10 is enacted to read:
10.   It is a defense to prosecution under this section that the objective of the conspiracy 
is a violation of section 262 and the actor's participation was engaging or agreeing to 
personally engage in a sexual act or sexual contact for pecuniary benefit.
Sec. A-3.  17-A MRSA §251, sub-§1, ¶H is enacted to read:
H.  "Prostitution" means engaging in, or agreeing to engage in, or offering to engage 
in a sexual act or sexual contact in return for a pecuniary benefit to be received by the 
person engaging in prostitution or a 3rd person.
Sec. A-4.  17-A MRSA §251, sub-§1, ¶I is enacted to read:
I.  "Engaging a prostitute" 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.
Sec. A-5.  17-A MRSA §259-B, as enacted by PL 2017, c. 135, §1, is amended to 
read:
§259-B.  Solicitation of a child to engage in prostitution
1.   A person is guilty of soliciting a child to engage in prostitution if the actor 
knowingly solicits directly or indirectly by any means a person the actor knows or believes 
is under 18 years of age to engage in prostitution, as defined in section 851 261.
2.   Violation of this section is a Class D C crime.
Sec. A-6.  17-A MRSA §262 is enacted to read:
§262.  Commercial sexual exploitation
1.  A person is guilty of commercial sexual exploitation if the person engages a 
prostitute.
2.  A violation of this section is a Class D crime.
Sec. A-7.  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 or section 
262, 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-8.  17-A MRSA §853, sub-§4 is enacted to read:
4.   It is a defense to prosecution under this section that the person publicly solicited a 
patron to engage in prostitution only with the person.
Sec. A-9.  17-A MRSA §853-A, as amended by PL 2019, c. 113, Pt. C, §64; c. 131, 
§1; and c. 316, §1, is repealed.
Sec. A-10.  17-A MRSA §853-B, as amended by PL 2013, c. 407, §4, is repealed.
Sec. A-11.  17-A MRSA §855, as amended by PL 2013, c. 407, §5, is further 
amended to read:
§855.  Patronizing prostitution Commercial sexual exploitation of minor or; 
patronizing prostitution of person with mental disability
1.   A person is guilty of patronizing prostitution commercial sexual exploitation of a 
minor if:
A.  The person, in return for another's prostitution, gives or agrees to give a pecuniary 
benefit either to the person whose prostitution is sought or to a 3rd person and the 
person whose prostitution is sought has not in fact attained 18 years of age or the person 
believes the person whose prostitution is sought is under 18 years of age.  Violation of 
this paragraph is a Class D C crime; or.
B.  The person violates paragraph A and that person knows that the person whose 
prostitution is sought has not yet attained 18 years of age.  Violation of this paragraph 
is a Class C crime.
3.   A person is guilty of patronizing prostitution of a mentally disabled person with a 
mental disability if:
A.  The person, in return for another's prostitution, gives or agrees to give a pecuniary 
benefit either to the person whose prostitution is sought or to a 3rd person and the 
person whose prostitution is sought 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 or conduct involved.  Violation of 
this paragraph is a Class C crime.
Sec. A-12.  17-A MRSA §1604, sub-§5, ¶B, as enacted by PL 2019, c. 113, Pt. A, 
§2, is amended to read:
B.  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 individual 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.
(1)  In the case of a Class A crime, the sentencing class is not elevated, but the prior 
record must be assigned special weight by the court when imposing a sentence.
(2)  Section 9‑A governs the use of prior convictions when determining a sentence, 
except that, for the purposes of this paragraph, for violations under chapter 11, the 
dates of prior convictions may have occurred at any time.
This paragraph does not apply to section 210‑A if the prior convictions have already 
served to elevate the sentencing class under section 210‑A, subsection 1, paragraph C 
or E or any other offense in which prior convictions have already served to elevate the 
sentencing class.
Sec. A-13.  17-A MRSA §1902, sub-§6, as corrected by RR 2019, c. 2, Pt. A, §21, 
is repealed.
Sec. A-14.  18-C MRSA §9-401, sub-§4, ¶F, as amended by PL 2019, c. 417, Pt. 
A, §106, is further amended to read:
F.  Has in that child's family background factors such as severe mental illness, 
substance use disorder, prostitution, genetic or medical conditions or illnesses that 
place the child at risk for future problems.
Sec. A-15.  34-A MRSA §11273, sub-§15, ¶C, as enacted by PL 2011, c. 663, §3, 
is amended to read:
C.  Title 17‑A, section 855, subsection 1, paragraph B; and
PART B
Sec. B-1.  15 MRSA c. 313 is enacted to read:
CHAPTER 313
EXPUNGEMENT OF RECORDS
§2331. Expungement of records of crime of engaging in prostitution
1.   Engaging in crime of prostitution.  A person convicted of the crime of engaging 
in prostitution in the 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 262, 852 or 853 or former section 853-A and has no formal charging instrument 
pending in the State for a violation of Title 17-A, section 262, 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.
PART C
Sec. C-1.  Commercial sexual exploitation survivor and human trafficking 
victim assistance stakeholder group; pilot program.  The Commissioner of Health 
and Human Services shall convene a stakeholder group composed of representatives of 
public and private agencies and organizations that provide direct support and services to 
survivors of commercial sexual exploitation and victims of human trafficking in 
Androscoggin County. The stakeholder group shall design a pilot program to provide 
increased comprehensive services to survivors of commercial sexual exploitation and 
victims of human trafficking.  The pilot program must include collaboration agreements 
among the participating agencies and organizations and mechanisms for evaluating 
program success.  The department shall act as the program and fiscal oversight agent and 
make funds available for the pilot program.  The department shall seek available funds 
whenever possible, including from public and private sources and funds available under 
the federal Victims of Trafficking and Violence Protection Act of 2000 and from the 
Victims’ Compensation Fund under the Maine Revised Statutes, Title 5, chapter 316-A.
Sec. C-2.  Report. By January 1, 2023, the Department of Health and Human 
Services shall report to the joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters concerning the activities and an evaluation 
of the pilot program under section 1 of this Part.  The joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters may report 
out legislation based upon the report to the First Regular Session of the 131st Legislature.
SUMMARY
This bill does the following:
1.  It repeals the crimes of engaging in prostitution and engaging a prostitute and 
replaces those provisions with the new crime of commercial sexual exploitation;
2.  It amends the definition of "promotes prostitution" by excluding when the actor is 
soliciting a patron to engage in sex with the actor and defines the term "engaging a 
prostitute";
3.  It allows as a defense to conspiracy to commit commercial sexual exploitation that 
the person's participation is to conspire to engage a patron to engage in sex with the person;
4.  It allows as a defense to sex trafficking that the actor was soliciting a patron to 
engage in prostitution only with the actor;
5.  It changes the crime of patronizing prostitution of a minor to commercial sexual 
exploitation of a minor;
6.  It make the crimes of commercial sexual exploitation of a minor and solicitation of 
child to engage in prostitution Class C crimes.
7.  It removes that a child's family background may involve prostitution from the 
definition of "special needs child" in the Department of Health and Human Services, 
Adoption Assistance Program; 
8.  It allows a person convicted of engaging in prostitution to petition a court to expunge 
the person's record of that conviction and to order the Department of Public Safety, State 
Bureau of Identification to make all necessary arrangements with the Federal Bureau of 
Investigation to have all references to the crime removed from the Federal Bureau of 
Investigation's identification record; and
9.  It creates a commercial sexual exploitation survivor and human trafficking victim 
assistance stakeholder group made up of representatives of interested public and private 
agencies and organizations to design a pilot program to provide increased comprehensive 
services to survivors of commercial sexual exploitation and victims of human trafficking.