An Act to Reduce Commercial Sexual Exploitation
Maine Legislature, Session 131, LD 1435
Committee: Judiciary
Sponsors: RECKITT, BEEBE-CENTER, COPELAND, DODGE, GRAMLICH, LOOKNER, SARGENT, SUPICA, TERRY, ZAGER
Amends: 5 MRSA §3360-I, 17-A MRSA §18-A, 17-A MRSA §151, 17-A MRSA §259-B, 17-A MRSA §851, 17-A MRSA §853, 17-A MRSA §853-A, 17-A MRSA §853-B, 17-A MRSA §855, 17-A MRSA §1111-B, 17-A MRSA §1604, 17-A MRSA §1902, 18-C MRSA §9

Legislative Document
No. 1435
H.P. 931
House of Representatives, March 30, 2023
An Act to Reduce Commercial Sexual Exploitation
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RECKITT of South Portland.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: COPELAND of Saco, DODGE of Belfast, GRAMLICH of Old Orchard 
Beach, LOOKNER of Portland, SARGENT of York, SUPICA of Bangor, TERRY of Gorham, 
ZAGER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 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, an assessment of $500 
on any person for the first conviction and $1,000 for each subsequent conviction of 
engaging a prostitute commercial sexual exploitation 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 commercial sexual exploitation of a 
minor or patronizing prostitution commercial sexual exploitation of a mentally disabled 
person with a mental disability 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. 2.  17-A MRSA §18-A is enacted to read:
§18-A.  Anti-sex-trafficking and commercial sexual exploitation protocol
A person who a law enforcement officer has reason to believe is experiencing or has 
experienced human trafficking or commercial sexual exploitation must be treated in 
accordance with the anti-sex-trafficking and commercial sexual exploitation protocol 
adopted by the responding law enforcement agency under subsection 2.
1.  Definition of law enforcement agency.  As used in this section, unless the context 
otherwise indicates, "law enforcement agency" has the same meaning as in Title 25, section 
3701, subsection 1.
2.  Adoption of anti-sex-trafficking and commercial sexual exploitation protocol.  
This subsection governs the adoption of anti-sex-trafficking and commercial sexual 
exploitation protocols by law enforcement agencies. An anti-sex-trafficking and 
commercial sexual exploitation protocol must include information on anti-trafficking 
organizations, sexual assault organizations, domestic violence advocacy organizations, 
crisis services, mental health and substance use disorder professionals, emergency and 
transitional housing and case management services.
A.  By January 1, 2024, the Department of Public Safety shall consult with relevant 
stakeholders including anti-trafficking organizations, sexual assault organizations, 
domestic violence advocacy organizations and crisis services to adopt a model 
anti-sex-trafficking and commercial sexual exploitation protocol.  Rules adopted 
pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2‑A.
B.  By March 1, 2024, all law enforcement agencies shall adopt anti-sex-trafficking 
and commercial sexual exploitation protocols. The protocol of a law enforcement 
agency may, but is not required to, conform to the protocol adopted by the Department 
of Public Safety.
3.  Law enforcement response to a listed offense by a victim of human trafficking 
or commercial sexual exploitation.  A law enforcement officer who responds to a call 
regarding or encounters a person who the law enforcement officer has reason to believe is 
experiencing or has experienced human trafficking or commercial sexual exploitation shall 
inquire whether the person is experiencing or has experienced human trafficking or 
commercial sexual exploitation. If the person self-identifies as experiencing or having 
experienced human trafficking or commercial sexual exploitation, the law enforcement 
officer shall respond to the person using the anti-sex-trafficking and commercial sexual 
exploitation protocol adopted by the officer's law enforcement agency as required under 
subsection 2.
Sec. 3.  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 853-B and the actor's participation was engaging or agreeing to 
personally engage in a sexual act or sexual contact for pecuniary benefit.
Sec. 4.  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 for commercial sexual 
exploitation
1.  A person is guilty of soliciting a child to engage in prostitution for commercial 
sexual exploitation 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, for 
commercial sexual exploitation as defined in section 851.
2.   Violation of this section is a Class D C crime.
Sec. 5.  17-A MRSA c. 35, headnote is amended to read:
CHAPTER 35
SEX TRAFFICKING, PROSTITUTION COMMERCIAL SEXUAL 
EXPLOITATION AND PUBLIC INDECENCY
Sec. 6.  17-A MRSA §851, sub-§1, as amended by PL 1995, c. 638, §1, is repealed.
Sec. 7.  17-A MRSA §851, sub-§1-A, as amended by PL 1995, c. 638, §2, is 
repealed.
Sec. 8.  17-A MRSA §851, sub-§2, as amended by PL 1995, c. 638, §3, is repealed.
Sec. 9.  17-A MRSA §851, sub-§3 is enacted to read:
3.   "Commercial sexual exploitation" or "engaging in commercial sexual exploitation" 
means providing, agreeing to provide or offering to provide a pecuniary benefit to another 
person to engage in a sexual act or sexual contact, as those terms are defined in section 251;
Sec. 10.  17-A MRSA §851, sub-§4 is enacted to read:
4.   "Promotes commercial sexual exploitation" means:
A.  Causing or aiding another to commit or engage in sexual conduct or sexual acts in 
exchange for a pecuniary benefit, other than as a patron;
B.  Publicly soliciting patrons for commercial sexual exploitation. Publicly soliciting 
patrons for commercial sexual exploitation includes, but is not limited to, an offer, 
made in a public place, to engage in a sexual act or sexual contact, as those terms are 
defined in section 251, in return for a pecuniary benefit to be received by the person 
making the offer or a 3rd person;
C.  Providing persons for purposes of commercial sexual exploitation; 
D.  Leasing or otherwise permitting a place controlled by the defendant, alone or in 
association with others, to be regularly used for commercial sexual exploitation;
E.  Owning, controlling, managing, supervising or otherwise operating, in association 
with others, a house or business used for commercial sexual exploitation;
F.  Transporting a person into or within the State with the intent to require the person 
to engage in commercial sexual exploitation. For purposes of this paragraph, "require" 
means using any means, direct or indirect, to make another person engage in 
commercial sexual exploitation to which that person does not consent; or
G.  Accepting or receiving, or agreeing to accept or receive, a pecuniary benefit 
pursuant to an agreement or understanding with any person, other than with a patron, 
whereby the person participates or the person is to participate in the proceeds of 
commercial sexual exploitation.
Sec. 11.  17-A MRSA §851, sub-§5 is enacted to read:
5.   "Minor" means a person who has not attained 18 years of age.
Sec. 12.  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 
852, 853‑A, 853‑B or 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. 13.  17-A MRSA §853, sub-§4 is enacted to read:
4.   It is a defense to prosecution under this section that the act alleged to constitute sex 
trafficking consisted of the person publicly soliciting a patron to engage in prostitution only 
with the person.
Sec. 14.  17-A MRSA §853-A, as amended by PL 2021, c. 315, §§1 and 2, is 
repealed.
Sec. 15.  17-A MRSA §853-B, as amended by PL 2013, c. 407, §4, is further 
amended to read:
§853-B.  Engaging a prostitute Commercial sexual exploitation
1.   A person is guilty of engaging a prostitute commercial sexual exploitation if:
A.  The person engages a prostitute engages in commercial sexual exploitation within 
the meaning of section 851, subsection 1‑A 3.  Violation of this paragraph is 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 in this section in another jurisdiction.  Section 9‑A governs 
the use of prior convictions when determining a sentence, except that, for the purposes 
of this paragraph, the date of the prior conviction may not precede the commission of 
the offense by more than 2 years.  Violation of this paragraph is a Class D crime.
Sec. 16.  17-A MRSA §855, as amended by PL 2021, c. 447, §§2 and 3, is further 
amended to read:
§855.  Patronizing prostitution Commercial sexual exploitation of minor or 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 engages 
in commercial sexual exploitation with a minor or the person actor knows or believes 
that the person whose prostitution commercial sexual exploitation is sought has not 
attained 18 years of age is a minor. Violation of this paragraph is a Class C crime; or.
3.   A person is guilty of patronizing prostitution commercial sexual exploitation 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 engages in commercial sexual 
exploitation with a person with a mental disability that is reasonably apparent or known 
to the actor and that in fact renders the other person with a mental disability 
substantially incapable of appraising the nature of the conduct or conduct involved.  
Violation of this paragraph is a Class C crime.
Sec. 17.  17-A MRSA §1111-B, sub-§1, ¶A, as enacted by PL 2021, c. 724, §1, is 
amended by amending subparagraph (16) to read:
(16)  Patronizing prostitution Commercial sexual exploitation of a minor or person 
with a mental disability as described in section 855;
Sec. 18.  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 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 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. 19.  17-A MRSA §1902, sub-§6, as corrected by RR 2019, c. 2, Pt. A, §21, is 
repealed.
Sec. 20.  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 commercial sexual exploitation, genetic or medical 
conditions or illnesses that place the child at risk for future problems.
SUMMARY
This bill:
1. Eliminates the crime of engaging in prostitution;
2. Renames to commercial sexual exploitation the crime of engaging a prostitute or 
patronizing prostitution of a minor or a person with a mental disability;
3. Changes from a Class D crime to a Class C crime the crime of commercial sexual 
exploitation of a child and solicitation of a child for commercial sexual exploitation;
4. Replaces the terms "engage a prostitute" and "prostitution" with "commercial sexual 
exploitation";
5. 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;
6. Allows as a defense to sex trafficking that the actor was soliciting a patron to engage 
in sex only with the actor;
7. Replaces prostitution with commercial sexual exploitation in the list of 
circumstances in a child's family background that would qualify the child as a special needs 
child under the adoption assistance program; and
8. Directs the Department of Public Safety to adopt a protocol for law enforcement 
agencies to treat a person who is experiencing or has experienced human trafficking or 
commercial sexual exploitation.