An Act to Prevent Dating Partner Abuse by Including Dating Partners in the Scope of Domestic Violence Crimes
Maine Legislature, Session 131, LD 1461
Committee: Judiciary
Sponsors: CARNEY, MILLETT
Amends: 17-A MRSA §15, 17-A MRSA §207-A, 17-A MRSA §208-D, 17-A MRSA §208-E, 17-A MRSA §208-F, 17-A MRSA §209-A, 17-A MRSA §210-B, 17-A MRSA §210-C, 17-A MRSA §211-A, 17-A MRSA §1603, 17-A MRSA §1804, 17-A MRSA §2107, 17-A MRSA §2301, 17-A MRSA §2307, 17-A MRSA §2308

Legislative Document
No. 1461
S.P. 579
In Senate, March 30, 2023
An Act to Prevent Dating Partner Abuse by Including Dating 
Partners in the Scope of Domestic Violence Crimes
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative MILLETT of Cape Elizabeth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §15, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, §§15 
and 16 and affected by §65, is further amended by amending subparagraph (5-A) to read:
(5-A)  Assault, criminal threatening, terrorizing, stalking, criminal mischief, 
obstructing the report of a crime or injury or reckless conduct if the officer 
reasonably believes that the person and the victim are family or household 
members, as defined in Title 19‑A, section 4102, subsection 6 or dating partners as 
defined in Title 19-A, section 4102, subsection 4;
Sec. 2.  17-A MRSA §207-A, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, 
§17 and affected by §65, is further amended to read:
A.  The person violates section 207 and the victim is a family or household member as 
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title 
19-A, section 4102, subsection 4.  Violation of this paragraph is a Class D crime; or
Sec. 3.  17-A MRSA §207-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§18 and affected by §65, is further amended to read:
B.  The person violates paragraph A and at the time of the offense:
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 208‑D, 208‑E, 208‑F, 209‑A, 210‑B, 210‑C or 211‑A or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 208‑D, 208‑E, 208‑F, 209‑A, 210‑B, 210‑C or 211‑A in 
another jurisdiction;
(2)  Has one or more prior convictions for violating Title 19‑A, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction;
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4; or
(4)  Has one or more prior convictions for violating section 208, 208‑B or 208‑C, 
and the State had pled and proved that the victim of the applicable prior conviction 
was a family or household member, as defined in Title 19‑A, section 4102, 
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection 
4, or has one or more prior convictions in another jurisdiction for engaging in 
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and 
it had been pled and proved that the victim was a family or household member or 
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 4.  17-A MRSA §208-D, sub-§1, as amended by PL 2021, c. 647, Pt. B, §19 
and affected by §65, is further amended to read:
1.   A person is guilty of domestic violence aggravated assault if that person:
A.  Violates section 208, subsection 1, paragraph A and the victim is a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph 
is a Class B crime;
B.  Violates section 208, subsection 1, paragraph A‑1 and the victim is a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph 
is a Class A crime;
C.  Violates section 208, subsection 1, paragraph B and the victim is a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph 
is a Class B crime; or
D.  Violates section 208, subsection 1, paragraph C and the victim is a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph 
is a Class B crime.
Sec. 5.  17-A MRSA §208-E, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§20 and affected by §65, is further amended to read:
B.  The victim is a family or household member as defined in Title 19‑A, section 4102, 
subsection 6 or a dating partner as defined in Title 19-A, section 4102, subsection 4.
Sec. 6.  17-A MRSA §208-F, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§21 and affected by §65, is further amended to read:
B.  The victim is a family or household member as defined in Title 19‑A, section 4102, 
subsection 6 or a dating partner as defined in Title 19-A, section 4102, subsection 4.
Sec. 7.  17-A MRSA §209-A, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, 
§22 and affected by §65, is further amended to read:
A.  The person violates section 209 and the victim is a family or household member as 
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title 
19-A, section 4102, subsection 4. Violation of this paragraph is a Class D crime; or
Sec. 8.  17-A MRSA §209-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§23 and affected by §65, is further amended to read:
B.  The person violates paragraph A and at the time of the offense:
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207‑A, 208‑D, 208‑E, 208‑F, 210‑B, 210‑C or 211‑A or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 210‑B, 210‑C or 211‑A in 
another jurisdiction;
(2)  Has one or more prior convictions for violating Title 19‑A, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction;
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4; or
(4)  Has one or more prior convictions for violating section 208, 208‑B or 208‑C, 
and the State had pled and proved that the victim of the applicable prior conviction 
was a family or household member, as defined in Title 19‑A, section 4102, 
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection 
4, or has one or more prior convictions in another jurisdiction for engaging in 
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and 
it had been pled and proved that the victim was a family or household member or 
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 9.  17-A MRSA §210-B, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, 
§25 and affected by §65, is further amended to read:
A.  The person violates section 210 and the victim is a family or household member as 
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title 
19-A, section 4102, subsection 4.  Violation of this paragraph is a Class D crime; or
Sec. 10.  17-A MRSA §210-B, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§26 and affected by §65, is further amended to read:
B.  The person violates paragraph A and at the time of the offense:
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑C or 211‑A or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑C or 211‑A in 
another jurisdiction;
(2)  Has one or more prior convictions for violating Title 19‑A, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction;
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4; or
(4)  Has one or more prior convictions for violating section 208, 208‑B or 208‑C, 
and the State had pled and proved that the victim of the applicable prior conviction 
was a family or household member, as defined in Title 19‑A, section 4102, 
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection 
4, or has one or more prior convictions in another jurisdiction for engaging in 
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and 
it had been pled and proved that the victim was a family or household member or 
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 11.  17-A MRSA §210-C, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, 
§27 and affected by §65, is further amended to read:
A.  The person violates section 210‑A and the victim is a family or household member 
as defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in 
Title 19-A, section 4102, subsection 4.  Violation of this paragraph is a Class D crime; 
or
Sec. 12.  17-A MRSA §210-C, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§28 and affected by §65, is further amended to read:
B.  The person violates paragraph A and at the time of the offense:
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 211‑A or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 211‑A in 
another jurisdiction;
(2)  Has one or more prior convictions for violating Title 19‑A, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction;
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4; or
(4)  Has one or more prior convictions for violating section 208, 208‑B or 208‑C, 
and the State had pled and proved that the victim of the applicable prior conviction 
was a family or household member, as defined in Title 19‑A, section 4102, 
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection 
4, or has one or more prior convictions in another jurisdiction for engaging in 
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and 
it had been pled and proved that the victim was a family or household member or 
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 13.  17-A MRSA §211-A, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, 
§29 and affected by §65, is further amended to read:
A.  The person violates section 211 and the victim is a family or household member as 
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title 
19-A, section 4102, subsection 4.  Violation of this paragraph is a Class D crime; or
Sec. 14.  17-A MRSA §211-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§30 and affected by §65, is further amended to read:
B.  The person violates paragraph A and at the time of the offense:
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 210‑C or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 210‑C in 
another jurisdiction;
(2)  Has one or more prior convictions for violating Title 19‑A, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction;
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4; or
(4)  Has one or more prior convictions for violating section 208, 208‑B or 208‑C, 
and the State had pled and proved that the victim of the applicable prior conviction 
was a family or household member, as defined in Title 19‑A, section 4102, 
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection 
4, or has one or more prior convictions in another jurisdiction for engaging in 
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and 
it had been pled and proved that the victim was a family or household member or 
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 15.  17-A MRSA §1603, sub-§2, ¶C, as amended by PL 2021, c. 647, Pt. B, 
§34 and affected by §65, is further amended to read:
C.  That the victim is a family or household member as defined in Title 19‑A, section 
4102, subsection 6, paragraphs A to E or a dating partner as defined in Title 19-A, 
section 4102, subsection 4 who is a victim of domestic violence committed by the 
convicted individual.
Sec. 16.  17-A MRSA §1804, sub-§3, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
3.  Exception to limits when victim is family or household member.   If the State 
pleads and proves that the person was convicted of committing against a family or 
household member or a dating partner a crime under chapter 9 or 13 or section 554 or if 
the person was convicted under chapter 11 or 12 or section 556, the period of probation 
may not exceed:
A.  For a Class A crime, 6 years; and
B.  For a Class B or Class C crime, 4 years.
Sec. 17.  17-A MRSA §2107, 2nd ¶, as amended by PL 2021, c. 647, Pt. B, §42 
and affected by §65, is further amended to read:
For purposes of this section, "crime involving domestic violence" has the same 
meaning as in Title 15, section 1003, subsection 3‑A and includes those crimes under 
section 152, subsection 1, paragraph A, section 208 and section 208‑B when the victim is 
a family or household member as defined in Title 19‑A, section 4102, subsection 6, 
paragraphs A to E or a dating partner as defined in Title 19-A, section 4102, subsection 4.
Sec. 18.  17-A MRSA §2301, sub-§1-A is enacted to read:
1-A.  Dating partner.  "Dating partner" has the same meaning as in Title 19-A, section 
4102, subsection 4.
Sec. 19.  17-A MRSA §2307, sub-§1, ¶F, as enacted by PL 2019, c. 113, Pt. A, 
§2, is amended to read:
F.  A crime against a family or household member or a dating partner listed under 
chapter 9 or 13 or section 506‑B, 554, 555 or 758.
Sec. 20.  17-A MRSA §2308, sub-§1, ¶F, as enacted by PL 2019, c. 113, Pt. A, 
§2, is amended to read:
F.  A crime against a family or household member or a dating partner listed under 
chapter 9 or 13 or section 506‑B, 554, 555 or 758.
SUMMARY
This bill amends the Maine Criminal Code by including dating partners within the 
scope of domestic violence crimes, consistent with the protection from abuse laws.