An Act to Establish Mandatory Minimum Sentences for Gross Sexual Assaults and Sex Trafficking of Children
Maine Legislature, Session 131, LD 1261
Committee: Judiciary
Sponsors: ADAMS, GREENWOOD, BRAKEY, HARRINGTON, BAGSHAW, FREDERICKS, JAVNER, LAVIGNE, LEMELIN, PAUL, POMERLEAU
Amends: 17-A MRSA §253-A, 17-A MRSA §1604

Legislative Document
No. 1261
H.P. 809
House of Representatives, March 21, 2023
An Act to Establish Mandatory Minimum Sentences for Gross 
Sexual Assaults and Sex Trafficking of Children
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ADAMS of Lebanon.
Cosponsored by Representative GREENWOOD of Wales, Senator BRAKEY of 
Androscoggin, Senator HARRINGTON of York and
Representatives: BAGSHAW of Windham, FREDERICKS of Sanford, JAVNER of Chester, 
LAVIGNE of Berwick, LEMELIN of Chelsea, PAUL of Winterport, POMERLEAU of 
Standish.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §253-A, sub-§2, as enacted by PL 2019, c. 113, Pt. B, §14, is 
amended to read:
2.  Any term of years Gross sexual assault against individual not yet 12 years of 
age; mandatory sentence alternative.  If the State pleads and proves that a crime under 
section 253 was committed against an individual who had not yet attained 12 years of age, 
the court, notwithstanding any provision of law to the contrary, shall impose a definite term 
of imprisonment for any term of not less than 25 years, none of which may be suspended.  
In determining the basic term of imprisonment as the first step in the sentencing process 
specified in section 1602, subsection 1, paragraph A, the court shall select a definite term 
of at least 20 not less than 25 years, none of which may be suspended.  The court shall also 
impose as part of the sentence a period of supervised release to immediately follow that 
definite term of imprisonment as mandated by section 1881, subsection 1.
Sec. 2.  17-A MRSA §253-A, sub-§2-A is enacted to read:
2-A.  Gross sexual assault against individual not yet 12 years of age; repeat 
offenders; mandatory sentence alternative.  If the State pleads and proves that a crime 
under section 253 was committed against an individual who had not yet attained 12 years 
of age and that the defendant had previously been convicted and sentenced for committing 
gross sexual assault, formerly denominated as gross sexual misconduct, or rape against an 
individual who had not yet attained 12 years of age or that the defendant had previously 
been convicted and sentenced for engaging in substantially similar conduct in another 
jurisdiction against an individual who had not yet attained 12 years of age, the court, 
notwithstanding any provision of law to the contrary, shall impose a term of imprisonment 
for life.
Sec. 3.  17-A MRSA §1604, sub-§2, ¶B, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
B.  If the State pleads and proves that the defendant is a repeat sexual assault offender, 
the court may set a definite term of imprisonment under section 253‑A, subsection 1 
for any term of years; and
Sec. 4.  17-A MRSA §1604, sub-§2, ¶C, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
C.  In the case of the Class A crime of gross sexual assault against an individual who 
had not yet attained 12 years of age, the court shall set a definite term of imprisonment 
under section 253‑A, subsection 2 for any term of not less than 25 years., none of which 
may be suspended; and
Sec. 5.  17-A MRSA §1604, sub-§2, ¶D is enacted to read:
D.  In the case of the Class A crime of aggravated sex trafficking where the State pleads 
and proves that the defendant knowingly promoted prostitution of a person who had 
not yet attained 12 years of age, the court shall set a definite term of imprisonment of 
not less than 25 years, none of which may be suspended.
SUMMARY
This bill provides that if the State pleads and proves that a gross sexual assault was 
committed against an individual who had not yet attained 12 years of age, the court is 
required to impose a definite term of imprisonment of not less than 25 years, none of which 
may be suspended. It also provides that, in the case of a gross sexual assault committed 
against an individual who had not yet attained 12 years of age when the defendant had 
previously been convicted and sentenced for committing gross sexual assault, formerly 
denominated as gross sexual misconduct, or rape against an individual who had not yet 
attained 12 years of age or that the defendant had previously been convicted and sentenced 
for engaging in substantially similar conduct in another jurisdiction against an individual 
who had not yet attained 12 years of age, the court is required to instead impose a term of 
imprisonment for life. It also provides that, in the case of aggravated sex trafficking where 
the State pleads and proves that the defendant knowingly promoted prostitution of a person 
who had not yet attained 12 years of age, the court shall set a definite term of imprisonment 
of not less than 25 years, none of which may be suspended.