An Act Regarding the Maine Criminal Code
Maine Legislature, Session 130, LD 0710
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §554, 17-A MRSA §253, 15 MRSA §393, 15 MRSA §1026, 17-A MRSA §1805, 17-A MRSA §1806, 17-A MRSA §1812, 17-A MRSA §1815, 17-A MRSA §255-A, 17-A MRSA §260

Legislative Document
No. 710
H.P. 523
House of Representatives, March 5, 2021
An Act Regarding the Maine Criminal Code
Reported by Representative WARREN of Hallowell for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Received by the Clerk of the House on March 3, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  17-A MRSA §554, sub-§1, ¶B-3, as amended by PL 2015, c. 358, §3, 
is further amended to read:
B-3.  Being the parent, foster parent, guardian or other person having the care and 
custody of a child, knowingly deprives the child of necessary health care, with a result 
that the child is placed in danger of serious harm.  Violation of this paragraph is a Class 
D crime; or
Sec. A-2.  17-A MRSA §554, sub-§1, ¶C, as amended by PL 2015, c. 358, §3, is 
further amended to read:
C.  Otherwise recklessly endangers Endangers the health, safety or welfare of the child 
by recklessly violating a duty of care or protection.  Violation of this paragraph is a 
Class D crime.; or
Sec. A-3.  17-A MRSA §554, sub-§1, ¶D is enacted to read:
D.  Endangers the health, safety or welfare of a child by recklessly violating a duty of 
care or protection resulting in death or serious bodily injury to the child.  Violation of 
this paragraph is a Class C crime.
PART B
Sec. B-1.  17-A MRSA §253, sub-§1, ¶B, as amended by PL 2003, c. 711, Pt. B, 
§2, is further amended to read:
B.  The other person, not the actor's spouse, has not in fact attained the age of 14 years 
and the actor is at least 3 years older than the other person.  Violation of this paragraph 
is a Class A crime; or
Sec. B-2.  17-A MRSA §253, sub-§1, ¶C, as enacted by PL 2003, c. 711, Pt. B, 
§2, is amended to read:
C.  The other person, not the actor's spouse, has not in fact attained 12 years of age and 
the actor is at least 3 years older than the other person.  Violation of this paragraph is 
a Class A crime.
PART C
Sec. C-1.  15 MRSA §393, sub-§1, ¶A-1, as amended by PL 2015, c. 470, §1, is 
further amended to read:
A-1.  Has been convicted of committing or found not criminally responsible by reason 
of insanity of committing:
(1)  A crime in this State that is punishable by imprisonment for a term of one year 
or more;
(2)  A crime under the laws of the United States that is punishable by imprisonment 
for a term exceeding one year;
(3)  A crime under the laws of any other state another jurisdiction that, in 
accordance with the laws of that jurisdiction, is punishable by a term of 
imprisonment exceeding one year.  This subparagraph does not include a crime 
under the laws of another state jurisdiction that is classified by the laws of that state 
jurisdiction as a misdemeanor and is punishable by a term of imprisonment of 2 
years or less;
(4)  A crime under the laws of any other state another jurisdiction that, in 
accordance with the laws of that jurisdiction, does not come within subparagraph 
(3) but is elementally substantially similar to a crime in this State that is punishable 
by a term of imprisonment for one year or more; or
(5)  A crime under the laws of the United States, this State or any other state or the 
Passamaquoddy Tribe or Penobscot Nation another jurisdiction in a proceeding in 
which the prosecuting authority was required to plead and prove that the person 
committed the crime with the use of:
(a)  A firearm against a person; or
(b)  Any other dangerous weapon.
Violation of this paragraph is a Class C crime;
Sec. C-2.  15 MRSA §393, sub-§1, ¶C, as amended by PL 2015, c. 470, §1, is 
further amended to read:
C.  Has been adjudicated in this State or under the laws of the United States or any 
other state another jurisdiction to have engaged in conduct as a juvenile that, if 
committed by an adult, would have been a disqualifying conviction:
(1)  Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another 
person was threatened or resulted; or
(3)  Under paragraph A-1, subparagraph (5).
Violation of this paragraph is a Class C crime;
Sec. C-3.  15 MRSA §393, sub-§1, ¶D, as amended by PL 2015, c. 470, §1, is 
further amended to read:
D.  Is subject to an order of a court of the United States or a state, territory, 
commonwealth another jurisdiction or a tribe that restrains that person from harassing, 
stalking or threatening an intimate partner, as defined in 18 United States Code, Section 
921(a), of that person or a child of the intimate partner of that person, or from engaging 
in other conduct that would place the intimate partner in reasonable fear of bodily 
injury to the intimate partner or the child, except that this paragraph applies only to a 
court order that was issued after a hearing for which that person received actual notice 
and at which that person had the opportunity to participate and that:
(1)  Includes a finding that the person represents a credible threat to the physical 
safety of an intimate partner or a child; or
(2)  By its terms, explicitly prohibits the use, attempted use or threatened use of 
physical force against an intimate partner or a child that would reasonably be 
expected to cause bodily injury.
Violation of this paragraph is a Class D crime;
Sec. C-4.  15 MRSA §393, sub-§1-A, as amended by PL 2015, c. 470, §2, is further 
amended to read:
1-A.  Limited prohibition for nonviolent juvenile offenses.  A person who has been 
adjudicated in this State or under the laws of the United States or any other state another 
jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would 
have been a disqualifying conviction under subsection 1, paragraph A-1 or subsection 1-B, 
paragraph A but is not an adjudication under subsection 1, paragraph C or an adjudication 
under subsection 1-B, paragraph B in which bodily injury to another person was threatened 
or resulted may not own or have in that person's possession or control a firearm for a period 
of 3 years following completion of any disposition imposed or until that person reaches 18 
years of age, whichever is later.  Violation of this subsection by a person at least 18 years 
of age is a Class C crime.
Sec. C-5.  15 MRSA §393, sub-§1-B, ¶A, as amended by PL 2015, c. 470, §3, is 
further amended by amending subparagraph (2) to read:
(2)  A crime under the laws of the United States or any other state another 
jurisdiction that in accordance with the laws of that jurisdiction is elementally 
substantially similar to a crime in subparagraph (1).
Sec. C-6.  15 MRSA §393, sub-§1-B, ¶B, as amended by PL 2015, c. 470, §3, is 
further amended to read:
B.  Has been adjudicated in this State or under the laws of the United States or any 
other state another jurisdiction to have engaged in conduct as a juvenile that, if 
committed by an adult, would have been a disqualifying conviction under this 
subsection.  Violation of this paragraph is a Class C crime.
Sec. C-7.  15 MRSA §393, sub-§7, ¶C, as enacted by PL 2001, c. 549, §4, is 
repealed.
Sec. C-8.  15 MRSA §393, sub-§7, ¶F is enacted to read:
F.  "Another jurisdiction" has the same meaning as in Title 17-A, section 2, subsection 
3-B.
PART D
Sec. D-1.  15 MRSA §1026, sub-§5, as amended by PL 2007, c. 374, §10, is further 
amended to read:
5.  Contents of release order.  In a release order issued under subsection 2-A or 3, the 
judicial officer shall:
A.  Include a written statement that sets forth all the conditions to which the release 
defendant is subject in a manner sufficiently clear and specific to serve as a guide for 
the defendant's conduct; and
B.  Advise the defendant of:
(1)  The penalties if the defendant fails to appear as required That the conditions 
of release take effect and are fully enforceable immediately as of the time the 
judicial officer sets the conditions, unless the release order expressly excludes a 
condition or conditions of release from immediate applicability; and
(2)  The penalties for and consequences of violating a condition of release, 
including the immediate issuance of a warrant for the defendant's arrest That failure 
to appear or comply with a condition or conditions may subject the defendant to 
revocation of bail and additional criminal penalties.
Sec. D-2.  15 MRSA §1026, sub-§7, as enacted by PL 1995, c. 356, §5, is repealed.
Sec. D-3.  15 MRSA §1026, sub-§8 is enacted to read:
8.  Applicability of conditions of release.    A condition of release takes effect and is 
fully enforceable immediately as of the time the judicial officer sets the condition, unless 
the release order expressly excludes a condition of release from immediate applicability, if 
the defendant is advised by a judicial officer, a law enforcement officer or an employee of 
a county or regional jail or a correctional facility having custody of the defendant:
A.  Of the conditions; and
B.  That failure to appear or comply with the conditions may subject the defendant to 
revocation of bail and additional criminal penalties.
PART E
Sec. E-1.  17-A MRSA §1805, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Determination of date probation begins; revocation; place of imprisonment.   
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court may 
impose a split sentence by sentencing an individual to a term of imprisonment not to exceed 
the maximum term authorized for the crime, an initial portion of which is to be served and 
the remainder of which is to be suspended, and accompany the suspension with a period of 
probation not to exceed the maximum period authorized for the crime.  The period of 
probation commences on the date the individual is released from the unsuspended portion 
of the term of imprisonment, unless the court orders it to commence on an earlier date.  If 
the period of probation commences on the date the person is released from the initial 
unsuspended portion of the term of imprisonment, that day is counted as the first full day 
of the period of probation.
A.  If the period of probation commences upon release of the individual from an 
unsuspended portion of the term of imprisonment, the court may revoke probation for 
any criminal conduct committed during that unsuspended portion of the term of 
imprisonment.
B.  If execution of the sentence is stayed, the court may revoke probation for criminal 
conduct committed during the period of stay or for failure to report as ordered.
C.  The court may revoke probation if, during any unsuspended portion of the term of 
imprisonment, an individual sentenced as a repeat sexual assault offender, pursuant to 
section 1804, subsection 4, refuses to actively participate in a sex offender treatment 
program in accordance with the expectations and judgment of the treatment providers, 
when requested to do so by the Department of Corrections.
D.  The court may revoke probation if, during an unsuspended portion of the term of 
imprisonment:
(1)  The individual has contact with a victim with whom the individual has been 
ordered not to have contact as a condition of probation;
(2)  In the case of an individual who has been committed to the Department of 
Corrections, the individual has contact with any victim with whom the individual 
has been prohibited to have contact by the Department of Corrections; or
(3)  In the case of an individual who has been committed to a county or regional 
jail, the individual has contact with any victim with whom the individual has been 
prohibited to have contact by the county or regional jail.
E.  As to both the suspended and unsuspended portions of the sentence, the place of 
imprisonment must be as follows.
(1)  For a Class D or Class E crime, the court must specify a county jail as the place 
of imprisonment.
(2)  For a Class A, Class B or Class C crime, the court must:
(a)  Specify a county jail as the place of imprisonment for any portion of the 
sentence that is 9 months or less; and
(b)  Commit the individual to the Department of Corrections for any portion of 
the sentence that is more than 9 months.
Sec. E-2.  17-A MRSA §1806, as enacted by PL 2019, c. 113, Pt. A, §2, is amended 
to read:
§1806.  Wholly suspended term of imprisonment with probation
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court 
may sentence an individual to a term of imprisonment not to exceed the maximum term 
authorized for the crime, suspend the entire term of imprisonment and accompany the 
suspension with a period of probation not to exceed the maximum period authorized for 
the crime, to commence on the date the individual goes into actual execution of the 
sentence. That day is counted as the first full day of the period of probation.
Sec. E-3.  17-A MRSA §1812, sub-§7, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
7.  Tolling of period of probation; conditions of probation continue in effect.   The 
running of the period of probation is tolled upon either the delivery of the summons, the 
filing of the written notice with the court that the person cannot be located or the arrest of 
the person.  If the court finds a violation of probation, the day upon which the tolling occurs 
does not count toward the period of probation.  If the motion is dismissed or withdrawn, or 
if the court finds no violation of probation, the running of the period of probation is deemed 
not to have been tolled.  The conditions of probation continue in effect during the tolling 
of the running of the period of probation, and any violation of a condition subjects the 
person to a revocation of probation pursuant to the provisions of this subchapter.
Sec. E-4.  17-A MRSA §1815 is enacted to read:
§1815.  Completion of period of probation
A period of probation is completed when the last day of the period, excluding any days 
during which the running of the period of probation is tolled, ends.
PART F
Sec. F-1.  17-A MRSA §253, sub-§2, ¶M, as amended by PL 2019, c. 438, §2, is 
further amended to read:
M.  The other person has not expressly or impliedly acquiesced to the sexual act and 
the actor knows that the other person has not acquiesced.  Violation of this paragraph 
is a Class C crime; or
Sec. F-2.  17-A MRSA §255-A, sub-§1, ¶A, as enacted by PL 2001, c. 383, §23 
and affected by §156, is amended to read:
A.  The other person has not expressly or impliedly acquiesced in the sexual contact 
and the actor knows that the other person has not acquiesced. Violation of this 
paragraph is a Class D crime; 
Sec. F-3.  17-A MRSA §255-A, sub-§1, ¶B, as enacted by PL 2001, c. 383, §23 
and affected by §156, is amended to read:
B.  The other person has not expressly or impliedly acquiesced in the sexual contact, 
the actor knows that the other person has not acquiesced and the sexual contact includes 
penetration. Violation of this paragraph is a Class C crime;
Sec. F-4.  17-A MRSA §260, sub-§1, ¶A, as enacted by PL 2003, c. 138, §5, is 
amended to read:
A.  The other person has not expressly or impliedly acquiesced in the sexual touching 
and the actor knows that the other person has not acquiesced.  Violation of this 
paragraph is a Class D crime;
SUMMARY
This bill contains the following provisions.
1.  In Part A it amends the crime of endangering the welfare of a child by enacting in 
the Maine Revised Statutes, Title 17-A, section 554, subsection 1, paragraph D a new Class 
C crime for the reckless violation of a duty of care or protection that results in death or 
serious bodily injury to the child.  It amends the crime of endangering the welfare of a child 
under Title 17-A, section 554, subsection 1, paragraph C to cover recklessly violating a 
duty of care or protection.
2.  In Part B it amends the crime of gross sexual assault against a person under 12 years 
of age or a person under 14 years of age, both of which are Class A crimes, by requiring 
that the actor be at least 3 years older than the other person.
3.  In Part C it amends Title 15, section 393 to recognize that convictions in the tribal 
courts of the Passamaquoddy Tribe and the Penobscot Nation are disqualifying domestic 
violence convictions for the purposes of the prohibition against firearms created by Title 
15, section 393, subsection 1-B.  It makes Title 15, section 393 more consistent with the 
Maine Criminal Code by using the phrase "another jurisdiction" to reference the courts 
defined by that term.
4.  In Part D, in response to State v. LeBlanc-Simpson, 2018 ME 109, it clarifies that a 
judicial officer in issuing a written release order under Title 15, section 1026, subsection 
2-A or 3 must inform a defendant of the conditions of release, that the conditions take effect 
and are fully enforceable immediately and that failure to appear or comply with conditions 
may result in revocation of bail and additional criminal penalties.  The bill provides that a 
condition of release takes effect and is fully enforceable immediately as of the time the 
judicial officer sets the condition, unless the release order expressly excludes a condition 
of release from immediate applicability, if the defendant is advised of the conditions and 
that failure to appear or comply with the conditions may subject the defendant to revocation 
of bail and additional criminal penalties.  This bill provides that the notice required in order 
for a condition of release to take effect immediately may be provided by a judicial officer, 
a law enforcement officer or an employee of a county or regional jail or a correctional 
facility having custody of the defendant.
5.  In Part E it amends the laws governing probation to reflect the current practice of 
the Department of Corrections with respect to calculating the period of probation.  A 
probationer receives credit for a full day of probation on the day probation commences, 
regardless of the time of day, and receives no credit for a day on which probation is tolled.  
The period of probation ends when the final day of the probation period ends.
6.  In Part F it amends the law to respond to the issue identified by the Law Court in 
State v. Asaad, (2020 ME 11), specifically the absence of a mens rea requirement in the 
Class C crime of gross sexual assault under Title 17-A, section 253, subsection 2, paragraph 
M.  The bill requires the State to prove, as an element of that crime of gross sexual assault, 
that the defendant engaged in the prohibited conduct knowing that the other person had not 
expressly or impliedly acquiesced.  The same "knowing" culpable mental state element is 
proposed for one of the Class C crimes of unlawful sexual contact, one of the Class D 
crimes of unlawful sexual contact and one of the Class D crimes of unlawful sexual 
touching.