An Act to Establish a Post-conviction Review Process for Crimes
Maine Legislature, Session 132, LD 1805
Sponsors: TALBOT ROSS, MOONEN

Legislative Document
No. 1805
S.P. 705
In Senate, April 29, 2025
An Act to Establish a Post-conviction Review Process for Crimes 
Committed by Victims of Sex Trafficking and Sexual Exploitation
Received by the Secretary of the Senate on April 25, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TALBOT ROSS of Cumberland.
Cosponsored by Representative MOONEN of Portland and
Senators: BAILEY of York, BENNETT of Oxford, BRENNER of Cumberland, 
Representatives: BOYER of Poland, KUHN of Falmouth, LEE of Auburn, SATO of Gorham, 
SINCLAIR of Bath.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 312 is enacted to read:
CHAPTER 312
POST-CONVICTION REVIEW FOR VICTIMS OF SEX TRAFFICKING AND 
SEXUAL EXPLOITATION
§2401.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.  
1.  Assigned justice or judge.  "Assigned justice or judge" has the same meaning as 
in section 2121, subsection 1-A.
2.  Compelling.  "Compelling" includes but is not limited to: 
A.  The use of a drug or intoxicating substance to render a person incapable of 
controlling that person's conduct or appreciating the nature of the conduct;
B.  Withholding or threatening to withhold a scheduled drug or alcohol from a drug-
dependent or alcohol-dependent person. "Drug-dependent or alcohol-dependent 
person" means a person who is using scheduled drugs or alcohol and who is in a state 
of psychic or physical dependence, or both, arising from the use of the drugs or alcohol 
on a continuing basis;
C.  Making material false statements, misstatements or omissions;
D.  Withholding, destroying or confiscating an actual or purported passport or other 
immigration document or other actual or purported government identification 
document with the intent to impair a person's freedom of movement;
E.  Requiring the sexual exploitation of a person to retire, repay or service an actual or 
purported debt; and
F.  Using force or engaging in any scheme, plan or pattern to instill in a person a fear 
that, if the person does not engage or continue to engage in sexual exploitation, the 
actor or another person will:
(1)  Cause physical injury or death to a person;
(2)  Cause damage to property, other than property of the actor;
(3)  Engage in other conduct constituting a Class A, Class B or Class C crime or 
criminal restraint;
(4)  Accuse some person of a crime or cause criminal charges or deportation 
proceedings to be instituted against some person;
(5)  Expose a secret or publicize an asserted fact, regardless of veracity, tending to 
subject some person, except the actor, to hatred, contempt or ridicule;
(6)  Testify or provide information or withhold testimony or information regarding 
another person's legal claim or defense;
(7)  Use a position as a public servant to perform some act related to that person's 
official duties or fail or refuse to perform an official duty in a manner that adversely 
affects some other person; or
(8)  Perform any other act that would not in itself materially benefit the actor but 
that is calculated to harm the person being compelled with respect to that person's 
health, safety or immigration status.
3.  Criminal judgment.  "Criminal judgment" has the same meaning as in section 
2121, subsection 1.
4.  Sentence.  "Sentence" has the same meaning as in section 2121, subsection 3.
5.  Sex trafficking.  "Sex trafficking" means promoting sexual exploitation by 
compelling a person to enter into, engage in or remain in sexual exploitation, promoting 
the sexual exploitation of a person who has not attained 18 years of age or promoting the 
sexual exploitation of a person who suffers from a mental disability that is reasonably 
apparent or known to the actor and that in fact renders the other person substantially 
incapable of appraising the nature of the conduct involved.
6.  Sexual exploitation.  "Sexual exploitation" means engaging in the exchange of a 
sexual act for money or resources because of a person's history of trauma, adverse 
childhood experiences, substance use disorder or other circumstances of victimization, 
exploitation or oppression.
§2402.  Jurisdiction and venue
1.  Jurisdiction.  The Superior Court has jurisdiction over proceedings under this 
chapter.
2.  Supreme Court Justice or authorized Judge of the District Court.  A Justice of 
the Supreme Judicial Court, an Active Retired Justice of the Supreme Judicial Court or a 
judge authorized to sit in the Superior Court on post-conviction review cases has and shall 
exercise jurisdiction and has and shall exercise all of the powers, duties and authority 
necessary for exercising the same jurisdiction as the Superior Court relative to a proceeding 
under this chapter.
3.  Venue.  A proceeding under this chapter must be brought in the county in which 
the criminal judgment that the moving party seeks to reverse was entered. Venue may be 
transferred by the assigned justice or judge at that assigned justice's or judge's discretion, 
except that, if multiple post-conviction review motions are filed under this chapter by or 
on behalf of the same person, the motions must be consolidated to one location and assigned 
to a single justice or judge. 
§2403.  Petition and procedure
1.  Motion; persons who may file.  A person who has been convicted of one or more 
offenses in which a final criminal judgment has been entered may file a written motion in 
the underlying criminal proceeding seeking to have the criminal judgment reversed and to 
correct the court records and related criminal justice agency records on the basis that the 
conviction or convictions were the substantial result of the person's sexual exploitation or 
being subjected to sex trafficking. Alternatively, a motion may be filed on behalf of such a 
person by an attorney for the State or by the court. The court may not assess fees for the 
filing or service of a motion under this chapter. 
2.  Timing of motion.  A motion under this section to reverse a criminal judgment and 
correct the court records and criminal justice agency records may be filed at any time after 
a final criminal judgment has been entered. 
3.  Service of motion.  The assigned justice or judge shall determine which 
representative of the State must be served with a motion under this section and how service 
of the motion is to be made and enter an order in this regard. The order must direct the 
appropriate representative of the State to make all reasonable attempts to notify all victims 
in the underlying matter about the motion. 
4.  Representation of the State.  The prosecutorial office that represented the State in 
the underlying criminal proceeding shall represent the State for the purposes of this chapter. 
If underlying matters involving multiple prosecutorial offices are consolidated to a single 
location, a different prosecutorial office may represent the State on any matter in which 
there is agreement between the 2 prosecutorial offices.   
5.  Counsel.  If the court finds that the person who files a motion under this section or 
on whose behalf the motion is filed is indigent, the court may appoint counsel for the person 
at any time during the proceedings.
6.  Remote testimony.  The person who files a motion under this section or on whose 
behalf the motion is filed and any witnesses may participate in the hearing remotely, unless 
the assigned justice or judge finds that the person or a specific witness resides in this State 
and that the interest of justice requires the person's or the witness's participation at the 
hearing in person.
7.  Evidence.  The Maine Rules of Evidence do not apply to a hearing on a motion 
filed under this section, and evidence presented at the hearing by the participants may 
include testimony, affidavits and other reliable hearsay evidence as permitted by the 
assigned justice or judge. 
8.  Rebuttable presumption.  Official documentation of a person's status as a victim 
of sex trafficking or sexual exploitation creates a rebuttable presumption that the person's 
participation in a crime was a result of the person's having been a victim of sex trafficking 
or sexual exploitation.  Nothing in this section imposes a requirement that a person filing a 
motion or on whose behalf the motion is being filed under this section provide official 
documentation of the person's status as a victim of sex trafficking or sexual exploitation.
For purposes of this subsection, "official documentation of a person's status as a victim of 
sex trafficking or sexual exploitation" includes, but is not limited to:
A.  A copy of an official record, certification or eligibility letter from a federal, state, 
tribal or local proceeding, including an approval notice or an enforcement certification 
generated from a federal immigration proceeding, that reflects that the person filing the 
motion was a victim of sex trafficking or sexual exploitation; 
B.  An affidavit or sworn testimony from a member of the clergy, a medical 
professional, a staff member of a victim services organization or other professional 
from whom the person filing the motion has sought legal counsel or other assistance in 
addressing the trauma and other challenges associated with being a victim of sex 
trafficking or sexual exploitation; or 
C.  Any other evidence the assigned justice or judge determines is of sufficient 
credibility or probative value to establish a rebuttable presumption that the person filing 
a motion under this section was a victim of sex trafficking or sexual exploitation.
9.  Hearing.  The assigned justice or judge shall hold a hearing on a motion filed under 
this section, except that the assigned justice or judge may grant a motion for relief under 
this chapter without a hearing if: 
A.  The representative of the State consents in writing to the motion; 
B.  At least 60 days have elapsed since service of the motion on the representative of 
the State and all reasonable attempts by the State to notify all victims have concluded; 
and
C.  An objection to the relief requested has not been filed by a victim or victim's 
representative.
10.  Procedure in proceedings pursuant to this chapter.  The Supreme Judicial Court 
shall, by rule, establish the procedures for proceedings under this chapter. 
§2404.  Relief; order
1.  Relief.  If the assigned justice or judge finds that the person who filed a motion 
under section 2403 or on whose behalf the motion was filed has established by a 
preponderance of the evidence that the person has been a victim of sex trafficking or sexual 
exploitation and that the commission of the crime for which relief is sought under this 
chapter was a substantial result of the sex trafficking or sexual exploitation, the assigned 
justice or judge shall issue a written order reversing the judgment of conviction.  If the 
assigned justice or judge grants the motion, the assigned justice or judge shall additionally 
determine what court records and related records held by criminal justice agencies require 
correction and shall enter a written order specifying the corrections to be made in the court 
records and the records of each appropriate criminal justice agency.
2.  Notice.  A copy of the written order granting or denying the motion must be 
provided to the person who filed the motion under section 2403 or on whose behalf the 
motion was filed.
§2405.  Review of final judgment
A written order granting or denying a motion under this chapter may be reviewed by 
the Supreme Judicial Court sitting as the Law Court.  
1.  Appeal by petitioner.  The person who filed the motion under section 2403 or on 
whose behalf the motion was filed may appeal an order denying the motion as of right.  The 
time for taking the appeal and the manner and any conditions for the taking of the appeal 
are as the Supreme Judicial Court provides by rule.
2.  Appeal by State.  The representative of the State may appeal an order granting a 
motion filed under section 2403 as of right and no certificate of approval by the Attorney 
General is required.  The time for taking the appeal and the manner and any conditions for 
the taking of an appeal are as the Supreme Judicial Court provides by rule.
Sec. 2.  Legislative findings; purpose; construction.  
1.  Findings.  The Legislature finds that victims of sex trafficking and sexual 
exploitation may commit a variety of criminal acts as a substantial result of manipulation, 
intimidation or compulsion by the person committing sex trafficking or sexual exploitation. 
The Legislature further finds that victims of sex trafficking or sexual exploitation who 
committed crimes under such circumstances did not have the requisite culpability to justify 
a criminal judgment or sentence, and permitting the conviction and sentence to remain 
intact further contributes to the harm and trauma experienced by these victims of sex 
trafficking or sexual exploitation. 
2.  Purpose; liberal construction.  The purpose of this Act is to provide a mechanism 
for reversing criminal judgments entered against victims of sex trafficking and sexual 
exploitation when the criminal acts committed were a substantial result of the trafficking 
or exploitation.  This Act must be liberally construed to effectuate this purpose.
SUMMARY
This bill allows a victim of sex trafficking or sexual exploitation to file a post-judgment 
motion to reverse a criminal conviction if the victim demonstrates, by a preponderance of 
evidence, that the victim experienced sex trafficking or sexual exploitation and that the 
conduct underlying the criminal conviction was a substantial result of the sex trafficking 
or sexual exploitation.