Maine

Pending Bill in Maine

CRIMINAL JUSTICE AND PUBLIC SAFETY

Reproduced and distributed under the direction of the Clerk of the House.

STATE OF MAINE

HOUSE OF REPRESENTATIVES

127TH LEGISLATURE

FIRST REGULAR SESSION

COMMITTEE AMENDMENT “ ” to H.P. 390, L.D. 566, Bill, “An Act To

Protect Individuals from Breaches of Trust by Clergy Members”

Sec. 3. 17-A MRSA §253, sub-§2, ¶M is enacted to read:

M. The actor is a member of the clergy or purports to be a member of the clergy,

including a priest, rabbi, Christian Science healer, imam or minister of any religious

denomination, and is in a position of trust or authority over the other person and uses

the actor’s position of trust or authority to engage in the sexual act and the other

person is not the actor’s spouse or domestic partner. Violation of this paragraph is a

Class C crime.

Sec. 5. 17-A MRSA §255-A, sub-§1, ¶¶Y and Z are enacted to read:

Y. The actor is a member of the clergy or purports to be a member of the clergy,

including a priest, rabbi, Christian Science healer, imam or minister of any religious

denomination, and is in a position of trust or authority over the other person and uses

the actor’s position of trust or authority to engage in the sexual contact and the other

person is not the actor’s spouse or domestic partner. Violation of this paragraph is a

Class D crime; or

Z. The actor is a member of the clergy or purports to be a member of the clergy,

including a priest, rabbi, Christian Science healer, imam or minister of any religious

denomination, and is in a position of trust or authority over the other person and uses

the actor’s position of trust or authority to engage in the sexual contact and the other

person is not the actor’s spouse or domestic partner and the sexual contact includes

penetration. Violation of this paragraph is a Class C crime.

 

COMMITTEE AMENDMENT “ ” to H.P. 390, L.D. 566

Sec. 7. 17-A MRSA §260, sub-§1, ¶N is enacted to read:

 

N. The actor is a member of the clergy or purports to be a member of the clergy,

including a priest, rabbi, Christian Science healer, imam or minister of any religious

denomination, and is in a position of trust or authority over the other person and uses

the actor’s position of trust or authority to engage in the sexual touching and the other

person is not the actor’s spouse or domestic partner. Violation of this paragraph is a

Class D crime.

Sec. 8. 34-A MRSA §11272, sub-§2, ¶B, as enacted by PL 2011, c. 663, §3, is  amended to read:

B. For an offense that contains the essential elements of a Tier I offense, Tier II

offense or Tier III offense in effect at the time the criminal conduct occurred; or’

 

SUMMARY

This amendment replaces the bill and makes it unlawful for a member of the clergy

who is in a position of trust or authority over another person to use that clergy’s position

of trust or authority to engage in a sexual act, sexual contact or sexual touching with the

other person. It also places the current definition of “domestic partner” under the

definition section of the Maine Revised Statutes, Title 17-A, chapter 11 and deletes

repetitive definitions of “domestic partner” found throughout the chapter. This

amendment clarifies that the Sex Offender Registration and Notification Act of 2013

applies only prospectively, including with respect to offenses in other jurisdictions.

 

Maine

§253. Gross sexual assault

  1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:
  2. The other person submits as a result of compulsion, as defined in section 251, subsection 1, paragraph E. Violation of this paragraph is a Class A crime; [2003, c. 711, Pt. B, §2 (AMD).]
  3. The other person, not the actor’s spouse, has not in fact attained the age of 14 years. Violation of this paragraph is a Class A crime; or [2003, c. 711, Pt. B, §2 (AMD).]
  4. The other person, not the actor’s spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime. [2003, c. 711, Pt. B, §2 (NEW).]

[ 2003, c. 711, Pt. B, §2 (AMD) .]

  1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:
  2. The actor has substantially impaired the other person’s power to appraise or control the other person’s sexual acts by furnishing, as defined in section 1101, subsection 18, paragraph A, administering or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime; [2007, c. 474, §1 (AMD).]
  3. The actor compels or induces the other person to engage in the sexual act by any threat. Violation of this paragraph is a Class B crime; [2001, c. 383, §15 (AMD); 2001, c. 383, §156 (AFF).]
  4. The other person suffers from mental disability that is reasonably apparent or known to the actor, and which in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the person has the right to deny or withdraw consent. Violation of this paragraph is a Class B crime; [2001, c. 383, §15 (AMD); 2001, c. 383, §156 (AFF).]
  5. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual act. Violation of this paragraph is a Class B crime; [2001, c. 383, §15 (AMD); 2001, c. 383, §156 (AFF).]
  6. The other person, not the actor’s spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution, and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class B crime; [2007, c. 102, §1 (AMD).]
  7. The other person, not the actor’s spouse, is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph is a Class C crime; [2015, c. 509, §1 (AMD).]
  8. The other person, not the actor’s spouse, has not attained the age of 18 years and is a resident in or attending a children’s home, child care facility, facility operated by a family child care provider, children’s residential care facility, drug treatment center, youth camp licensed under Title 22, section 2495 or similar school, facility or institution regularly providing care or services for children, and the actor is a teacher, employee or other person having instructional, supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class C crime; [2013, c. 179, §2 (AMD).]
  9. The other person has not in fact attained the age of 18 years and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term care and welfare of that other person. Violation of this paragraph is a Class B crime; [2001, c. 383, §16 (AMD); 2001, c. 383, §156 (AFF).]
  10. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor’s spouse, is a current patient or client of the actor. Violation of this paragraph is a Class C crime;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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