An Act to Reduce Commercial Sexual Exploitation
Maine Legislature, Session 131, LD 1435
Committee Amendment CA_A_H194 (House)
Amends: 17-A MRSA §259-B, 17-A MRSA §851, 17-A MRSA §853-B, 17-A MRSA §855, 18-C MRSA §9

COMMITTEE AMENDMENT "A" to HP 931, L D 1435, "An Act to Reduce 
Commercial Sexual Exploitation" 
Amend the b1ll m section 1 m the first mdented paragraph m the 8th hne (page 1, lme 
m L D ) by stnkmg out the followmg "engagmg a prostitute commercial sexual 
expl01tat1on
and msertmg the followmg 'engagmg a prostitute person for prostitution' 
Amend the bill by stnkmg out all of section 2 
Amend the bill by stnkmg out all of section 4 and msertmg the followmg 
'Sec. 4. 17-A MRSA §259-B, as enacted by PL 2017, c 135, §1, 1s amended to 
read 
§259-B. 
Solicitation of a child te engage 1n :p:.-estitutien for commercial sexual 
exploitation 
1. A person 1s gmlty of sohc1tmg a child to engage 1n prostitution for commercial 
sexual explo1tat10n 1f the actor knowmgly solicits directly or indirectly by any means a 
pet son the actor knows or believes is under 18 years of age to engage m an act of 
prostitution, as defined m section 851 
2. V 10lat1on of this sect10n 1s a Class f) .Q cr1me 
Amend the bill by stnkmg out all of section 5. 
Amend the bill by stnkmg out all of sect10n 6 and msertmg the followmg 
'Sec. 6. 17-A MRSA §851, sub-§1, as amended by PL 1995, c 638, § 1, 1s fu11he1 
amended to read 
1. "Prostitution" means engagmg m, 01 agreemg to engage m, or offermg to engage 
ma sexual act or sexual contact, as those terms are defined m section 251, m return for a 
pecumary benefit to be received by the person engagmg m prostrtut1on bemg prostituted or 
a 3rd person,' 
Amend the bill by stnkmg out all of sect10n 7 and msertmg the followmg 
COMMITTEE AMENDMENT 
~o~ 
COMMITTEE AMENDMENT "A" to HP 931, L D 1435 
'Sec. 7. 17-A MRSA §851, sub-§1-A, as amended by PL 1995, c 638, §2, 1s further 
amended to read 
1-A. 
"Engages a prostttute person for prostitution" means providing. offering to 
provide or agreeing to provide, either to the person vlhose prostJ.tut1on who is sought for an 
act of prostitution or to a 3rd person, pecumary benefit in return for a sexual act or sexual 
contact as those terms are defined in section 251,' 
Amend the bill by striking out all of sections 8, 9, 10 and 11 
Amend the bill by striking out all of section 15 and inserting the following 
'Sec. 15. 17-A MRSA §853-B, as amended by PL 2013, c. 407, §4, is further 
amended to read 
§853-B. Engaging a f)Festitute person for prostitu!ion 
1. A person is guilty of engaging a prostJ.tute person for prostitution if 
A 
The person engages a prostitute person for prostitution within the meaning of 
section 851, subsection 1-A Violation of this paragraph 1s a Class E crime, 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 m this section m another Jurisdiction Section 9-A governs 
the use of prior convictions when determming a sentence, except that, for the purposes 
of this paragraph, the date of the prior conviction may not precede the comnussion of 
the offense by more than 2 years V 1olation of this paragraph is a Class D crime ' 
Amend the bill by stnkmg out all of section 16 and insertmg the following 
'Sec. 16. 17-A MRSA §855, as amended by PL 2021, c 447, §§2 and 3, is furthe1 
amended to read 
§855. Patronizing f)Festitutien Commercial sexual exploitation of minor or person 
with mental disability 
1. A person 1s guilty of patromzmg prostitution commercial sexual exploitation of a 
mmor 1f 
A The person, in return for another's an act of prostitution, gives, offers to give 01 
agrees to give a pecumary benefit either to the person 1Nhose 13rost1tubon 1s so:ught 
being prostituted or to a 3rd person and the person Vlhose prostftl:tt10n 1s soaght being 
prostituted has not in fact attamed 18 years of age or the person knows or beheves that 
the person 1.vhose prostltut1on 1s soagh-t being prostituted has not attamed 18 years of 
age V10lat10n of this paragraph is a Class C crime, or 
3. A person is guilty of patronizing prostftetlon commercial sexual expl01tat10n of a 
mentally disabled person with a mental disability 1f 
A The person, in return for another's an act of prostitution, gives, offers to give or 
agrees to give a pecumary benefit either to the person vlhose prostrtut1on 1s soagh-t 
bemg prostituted or to a 3rd person and the person 1Nhose p1ostitut1on 1s soegh-1: bemg 
prostituted suffers from a mental d1sab1hty that is reasonably apparent or known to the 
actor and that m fact renders the ether person with a mental disability substantially 
COMMITTEE AMENDMENT 
oCb 1 
~ 2 
COMMITTEE AMENDMENT "A" to HP 931, L D 1435 
incapable of appraismg the nature of the conduct or conduct mvolved Violation of 
this paragraph is a Class C cnme ' 
Amend the bill by stnking out all of section 20 and msert:mg the followmg 
'Sec. 20. 18-C MRSA §9-401, sub-§4, W, as amended by PL 2019, c 417, Pt A, 
§ 106, is further amended to read 
F 
Has m that child's family background factors such as severe mental illness, 
substance use disorder, prostitution, commercial sexual expl01tation, genetic or 
medical conditions or illnesses that place the child at risk for future problems' 
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which is the maJonty report of the committee, retains the provis10ns 
of the bill. 
Ehminatmg the crime of engagmg m prostitut10n, 
Renammg the crime of patromzmg prostitution of a mmor or a person with a mental 
d1sabihty to commercial sexual exploitation of a mmor or a person with a mental disab1hty 
and renammg the cnme of sohc1tat1on of a child to engage in prostitution to solicitation of 
a child for commercial sexual exploitation, 
Changing from a Class D crime to a Class C cnme the crime of sohc1tat10n of a 
child for commercial sexual exploitation, 
Estabhshmg a defense to prosecution for conspiracy to commit the crime of 
engagmg a person for prostitution if the defendant's part1c1pat1on was engagmg or agree mg 
to personally engage m a sexual act with a patron, and 
Estabhshmg a defense to prosecution for sex traffickmg 1f the defendant's actions 
consisted of publicly soliciting a patron to engage in prostitution only with the defendant 
In add1t10n, the amendment 
Strikes the prov1S1on of the bill directmg the Department of Pubhc Safety to adopt 
a model anti-sex-traffickmg and commercial sexual exploitation protocol, 
Removes the provis10ns of the bill changing to "commercial sexual expl01tat10n" 
the language used withm the Mame Cnmmal Code to refer to engagmg a prostitute who 1s 
not a mmor or a person with a mental disability The amendment instead employs the 
phrase "engagmg a person for prostltut10n" m these circumstances, and 
Addmg commercial sexual expl01tation to the hst of circumstances m a child's 
family background that would qualrfy the child as a special needs child under the adoption 
assistance p10gram 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 05/05/23 /WaC!-
LD 1435 
LR 1634(02) 
An Act to Reduce Commercial Sexual Exploitation 
Fiscal Note for Bill as Amended by Committee Amendment ~• { H 
✓ 
/ 1 lf) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Current btennmm cost mcrease - General Fund 
Mmor revenue mcrease - General Fund 
Mmor revenue met ease - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Changes from a Class D cnme to a Class C cnme the cnme of sohc1tat10n of a child for commercial sexual 
explo1tat10n The current average cost of mcarceratmg one md1v1dual for a smgle yeat 1s $55,203 
The addit10nal wmkload associated with the mmnnal number of new felony cases filed 111 the court system does not 
require additional fundmg at this tune The collect10n of add1t10nal fines related to those cases where the class of 
cnme is mcreased may mcrease General Fund or other dedicated revenue by mmor amounts 
LR1634(02) - Fiscal Note - Page 1 of 1