An Act To Amend the Laws Affecting Sex Offenders and Petitions for Child Custody
Maine Legislature, Session 130, LD 1888
Committee: Judiciary
Sponsors: GRAMLICH, BAILEY, FECTEAU, HARNETT, LOOKNER, RECKITT, JACKSON, MOORE, POULIOT
Amends: 17-A MRSA §261, 19-A MRSA §1653

Legislative Document
No. 1888
H.P. 1398
House of Representatives, January 5, 2022
An Act To Amend the Laws Affecting Sex Offenders and Petitions 
for Child Custody
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BAILEY of York and
Representatives: Speaker FECTEAU of Biddeford, HARNETT of Gardiner, LOOKNER of 
Portland, RECKITT of South Portland, Senators: President JACKSON of Aroostook, MOORE 
of Washington, POULIOT of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §261, sub-§1, as amended by PL 2009, c. 365, Pt. A, §1, is 
further amended to read:
1.   A person is guilty of prohibited contact with a minor if that person:
A.  Was That person's name appears on the sex offender registry of any state or that 
person was convicted on or after June 30, 1992 of an offense under this chapter or 
chapter 12 against another person who had not in fact attained 14 years of age or was 
convicted on or after June 30, 1992 in another jurisdiction for conduct substantially 
similar to that contained in this chapter or chapter 12 against another person who had 
not in fact attained 14 years of age; and
C.  Intentionally That person intentionally or knowingly initiates direct or indirect 
contact with another person who has not in fact attained 14 18 years of age except as 
provided under an order granted pursuant to Title 19-A, section 1653, subsection 6-A.
Violation of this subsection is a Class E crime.
Sec. 2.  19-A MRSA §1653, sub-§6-A, as amended by PL 2021, c. 360, §6, is 
further amended to read:
6-A.  Custody and contact limited; convictions for sexual offenses.  The award of 
primary residence and parent-child contact with a person who has been convicted of a child-
related sexual offense or whose name appears on the sex offender registry of any state is 
governed by this subsection and subsection 6-B.
A.  For the purposes of this section, "child-related sexual offense" means the following 
sexual offenses if, at the time of the commission of the offense, the victim was under 
years of age or the victim was a student enrolled in a private or public elementary, 
secondary or special education school, facility or institution and the person was a 
teacher, employee or other official having instructional, supervisory or disciplinary 
authority over the student or the person was a substitute teacher who had instructional, 
supervisory or disciplinary authority over the student at any time during the 12 months 
prior to the time of the commission of the offense:
(1)  Sexual exploitation of a minor, under Title 17‑A, section 282;
(2)  Gross sexual assault, under Title 17‑A, section 253;
(3)  Sexual abuse of a minor, under Title 17‑A, section 254;
(4)  Unlawful sexual contact, under Title 17‑A, section 255‑A or former section 
255;
(5)  Visual sexual aggression against a child, under Title 17‑A, section 256;
(6)  Sexual misconduct with a child under 14 years of age, under Title 17‑A, section 
258;
(6-A)  Solicitation of a child to commit a prohibited act, under Title 17‑A, section 
259‑A; or
(7)  An offense in another jurisdiction that involves conduct that is substantially 
similar to that contained in subparagraph (1), (2), (3), (4), (5), (6) or (6-A). For 
purposes of this subparagraph, "another jurisdiction" means the Federal 
Government, the United States military, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the United States Virgin Islands, Guam, American Samoa and each of the 
several states except Maine. "Another jurisdiction" also means the Passamaquoddy 
Tribe when that tribe has acted pursuant to Title 30, section 6209‑A, subsection 1, 
paragraph A or B and the Penobscot Nation when that tribe has acted pursuant to 
Title 30, section 6209‑B, subsection 1, paragraph A or B.
B.  A court may award primary residence of a minor child or parent-child contact with 
a minor child to a parent who has been convicted of a child-related sexual offense or 
whose name appears on the sex offender registry of any state only if the court finds 
that contact between the parent and child is in the best interest of the child and that 
adequate provision for the safety of the child can be made.  A petitioner who is a parent 
who has been convicted of a child-related sexual offense or whose name appears on 
the sex offender registry of any state must attach to the petition for primary residence 
or parent-child contact a forensic risk assessment performed by a licensed clinical 
social worker, psychologist or psychiatrist for the purpose of obtaining primary 
residence or parent-child contact.  For purposes of this paragraph, "forensic risk 
assessment" means a determination about the likelihood that a person will commit 
future offenses. Notwithstanding section 1772, subsection 1, the court may not assess 
the cost of the forensic risk assessment against the respondent parent.
C.  In an order of parental rights and responsibilities, a court may require that parent-
child contact between a minor child and a person convicted of a child-related sexual 
offense may occur only if there is another person or agency present to supervise the 
contact.  If the court allows a family or household member to supervise parent-child 
contact, the court shall establish conditions to be followed during that contact.  
Conditions include, but are not limited to, those that:
(1)  Minimize circumstances when the family of the parent who is a sex offender 
or sexually violent predator would be supervising visits;
(2)  Ensure that contact does not damage the relationship with the parent with 
whom the child has primary physical residence;
(3)  Ensure the safety and well-being of the child; and
(4)  Require that supervision be provided by a person who is physically and 
mentally capable of supervising a visit and who does not have a criminal history 
or history of abuse or neglect.
SUMMARY
Current law prohibits a person who has committed certain sex offenses from initiating 
contact with a person under 14 years of age.  This bill prohibits a person who has committed 
certain sex offenses or whose name appears on the sex offender registry of any state from 
initiating contact with a minor.  The bill also requires a parent who has committed certain 
sex offenses or whose name appears on the sex offender registry of any state and who 
petitions for primary residence or parental contact with a minor child to submit to the court 
a forensic risk assessment.  The bill extends the best interest of the child standard in 
deciding petitions for primary residence or parental contact to petitions in which a parent's 
name appears on the sex offender registry of any state.  The bill makes a technical 
clarification to the law governing petitions for primary residence or parental contact.