Sec. 5. 17-A MRSA §151, as amended by PL 1977, c. 510, §§29 to 31, is further amended to read:

§151. Criminal conspiracy

1. A person is guilty of criminal conspiracy if, with the intent that conduct be performed which, that in fact, would constitute a crime or crimes, he the actor agrees with one or more others to engage in or cause the performance of such the conduct. and the most serious crime that is the object of the conspiracy is:

A.__Murder.__Violation of this paragraph is a Class A crime;

B.__A Class A crime.__Violation of this paragraph is a Class B crime;

C.__A Class B crime.__Violation of this paragraph is a Class C crime;

D.__A Class C crime.__Violation of this paragraph is a Class D crime; or

E.__A Class D or Class E crime.__Violation of this paragraph is a Class E crime.

2. If a person the actor knows that one with whom he the actor agrees has agreed or will agree with a 3rd person to effect the same objective, he shall be the actor is deemed to have agreed with the 3rd person, whether or not he the actor knows the identity of the 3rd person.

3. A person who conspires to commit more than one crime is guilty of only one conspiracy if the crimes are the object of the same agreement or continuous conspiratorial relationship.

4. No A person may not be convicted of criminal conspiracy to commit a crime unless it is alleged and proved that he the actor, or one with whom he the actor conspired, took a substantial step toward commission of the crime. A substantial step is any conduct which, under the circumstances in which it occurs, is strongly corroborative of the firmness of the actor's intent to complete commission of the crime; provided that speech alone may not constitute a substantial step.

5. Accomplice liability for crimes committed in furtherance of the criminal conspiracy is to be determined by the provisions of chapter 3, section 57.

6. For the purpose of determining the period of limitations under chapter 1, section 8, the following provisions govern.

A. A criminal conspiracy shall be is deemed to continue until the criminal conduct which that is its object is performed, or the agreement that it be performed is frustrated or is abandoned by the defendant actor and by those with whom he the actor conspired. For purposes of this subsection, the object of the criminal conspiracy includes escape from the scene of the crime, distribution of the fruits of the crime, and measures, other than silence, for concealing the commission of the crime or the identity of its perpetrators.

B. If a person abandons the agreement, the criminal conspiracy terminates as to him the actor only when:

(1) he The actor informs a law enforcement officer of the existence of the criminal conspiracy and of his the actor's participation therein; or

(2) he The actor advises those with whom he the actor conspired of his the actor's abandonment. The defendant shall prove his conduct under subparagraph 2 by a preponderance of the evidence. Abandonment is an affirmative defense.

7. It is no not a defense to prosecution under this section that the another person with whom the defendant actor is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is not subject to prosecution as a result of immaturity, or is immune from or otherwise not subject to prosecution.

8. It is a defense to prosecution under this section that, had the objective of the criminal conspiracy been achieved, the defendant actor would have been immune from liability under the law defining the offense, or as an accomplice under chapter 3, section 57.

9. Conspiracy is an offense classified as one grade less serious than the classification of the most serious crime which is its object, except that conspiracy to commit is a Class A crime. If the most serious crime is a Class E crime, the conspiracy is a Class E crime.

Sec. 6. 17-A MRSA §152, as amended by PL 1995, c. 422, §1, is further amended to read:

§152. Criminal attempt

1. A person is guilty of criminal attempt if, acting with the kind of culpability required for the commission of the crime, and with the intent to complete the commission of the crime, he the person engages in conduct which, that in fact, constitutes a substantial step toward its commission. A substantial step is any conduct which goes beyond mere preparation and is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime. and the crime is:

A.__Murder.__Violation of this paragraph is a Class A crime;

B.__A Class A crime.__Violation of this paragraph is a Class B crime;

C.__A Class B crime.__Violation of this paragraph is a Class C crime;

D.__A Class C crime.__Violation of this paragraph is a Class D crime; or

E.__A Class D crime or Class E crime.__Violation of this paragraph is a Class E crime.

A substantial step is any conduct that goes beyond mere preparation and is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime.

2. It is no not a defense to a prosecution under this section that it was impossible to commit the crime which that the defendant person attempted, provided that it would have been committed had the factual and legal attendant circumstances specified in the definition of the crime been as the defendant person believed them to be.

3. A person who engages in conduct intending to aid another to commit a crime is guilty of criminal attempt if the conduct would establish his the person's complicity under chapter 3, section 57 were the crime committed by the other person, even if the other person is not guilty of committing or attempting the crime.

3-A. An indictment, information or complaint, or count thereof, charging the commission of a crime under chapters 9 through 45, or a crime outside this code shall be is deemed to charge the commission of the attempt to commit that crime and shall may not be deemed duplicitous thereby.

4. Criminal attempt is an offense classified as one grade less serious than the classification of the offense attempted, except that an attempt to commit a Class E crime is a Class E crime, and an attempt to commit murder is a Class A crime.: The sentence for attempted murder is as authorized for a Class A crime if the court finds that the person engaged in the conduct constituting the substantial step while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 201, subsection 4. Absent that finding by the court, the sentence for attempted murder is as authorized for a Class A crime except that, notwithstanding section 1252, subsection 2, paragraph A, the court is authorized to set a definite period of imprisonment of any term of years or, with proper findings, life. The special penalty provision of life imprisonment may be imposed only if the court finds one or more of the following aggravating circumstances is in fact present:

A. The person's intent to kill was accompanied by premeditation-in-fact;

B. The person, at the time of the crime, intended to cause multiple deaths;

C. The person was previously convicted of criminal homicide or any other crime involving the use of deadly force against a person;

D. The attempted murder was accompanied by torture, sexual assault or other extreme cruelty inflicted upon the victim;

E. The attempted murder was committed in a penal institution by an inmate of that institution against another inmate or against prison personnel;

F. The attempted murder was committed against a law enforcement officer while the officer was acting in the performance of that officer's duties; or

G. The attempted murder was committed against a hostage.

5.__The sentence for attempted murder is as authorized for a Class A crime if the court finds that the person engaged in the conduct constituting the substantial step while under the influence of extreme anger or extreme fear brought about by adequate provocation.__"Adequate provocation" has the same meaning as in section 201, subsection 4.__Absent that finding by the court, the sentence for attempted murder is as authorized for a Class A crime except that, notwithstanding section 1252, subsection 2, paragraph A, the court is authorized to set a definite period of imprisonment of any term of years or with proper findings life.__The special penalty provision of life imprisonment may be imposed only if the court finds one or more of the following aggravating circumstances are in fact present:

A.__The person's intent to kill was accompanied by premeditation-in-fact;

B.__The person, at the time of the crime, intended to cause multiple deaths;

C.__The person was previously convicted of criminal homicide or any other crime involving the use of deadly force against another person;

D.__The attempted murder was accompanied by torture, sexual assault or other extreme cruelty inflicted upon the victim;

E.__The attempted murder was committed in a penal institution by an inmate of that institution against another inmate or against prison personnel;

F.__The attempted murder was committed against a law enforcement officer while the officer was acting in the performance of that officer's duties; or

G.__The attempted murder was committed against a hostage.

Sec. 7. 17-A MRSA §153, as amended by PL 1977, c. 510, §§35 to 37, is further amended to read:

§153. Criminal solicitation

1. A person is guilty of solicitation if he commands or attempts to induce another person to commit murder or a particular Class A or Class B crime, whether as principal or accomplice, with the intent to cause the commission of the crime, and under circumstances which the actor believes make it probable that the crime will take place. criminal solicitation if the person, with the intent to cause the commission of the crime, and under circumstances that the person believes make it probable that the crime will take place,__commands or attempts to induce another person, whether as principal or accomplice, to:

A.__Commit murder.__Violation of this paragraph is a Class A crime;

B.__Commit a Class A crime.__Violation of this paragraph is a Class B crime; or

C.__Commit a Class B crime.__Violation of this paragraph is a Class C crime.

2. It is a defense to prosecution under this section that, if the criminal object were achieved, the defendant person would not be guilty of a crime under the law defining the crime or as an accomplice under chapter 3, section 57.

3. It is no not a defense to a prosecution under this section that the person solicited could not be guilty of the crime because of lack of responsibility or culpability, immaturity, or other incapacity or defense.

4. Solicitation is an offense classified as one grade less serious than the classification of the crime solicited, except that solicitation to commit murder is a Class A crime.

Sec. 8. 17-A MRSA §201, as amended by PL 1985, c. 416, is further amended to read:

§201. Murder

1. A person is guilty of murder if the person:

A. He intentionally Intentionally or knowingly causes the death of another human being;

B. He engages Engages in conduct which that manifests a depraved indifference to the value of human life and which that in fact causes the death of another human being; or

C. He intentionally Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception.

1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter shall be is deemed to be charged.

2. The sentence for murder shall be is as authorized in chapter 51.

3. It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the actor person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation.

4. For purposes of subsection 3, provocation is adequate if:

A. It is not induced by the actor person; and

B. It is reasonable for the actor person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating only that the actor person has a tendency towards extreme anger or extreme fear shall is not be sufficient, in and of itself, to establish the reasonableness of his the person's reaction.

5. Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude conviction of, manslaughter or any other crime.

Sec. 9. 17-A MRSA §203, as amended by PL 1997, c. 34, §1, is further amended to read:

§203. Manslaughter

1. A person is guilty of manslaughter if that person:

A. Recklessly, or with criminal negligence, causes the death of another human being.__Violation of this paragraph is a Class A crime;

B. Intentionally or knowingly causes the death of another human being under circumstances which that do not constitute murder because the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 201, subsection 4. The fact that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation constitutes a mitigating circumstance reducing murder to manslaughter and need not be proved in any prosecution initiated under this subsection.__Violation of this paragraph is a Class A crime; or

C. Has direct and personal management or control of any employment, place of employment or other employee, and intentionally or knowingly violates any occupational safety or health standard of this State or the Federal Government, and that violation in fact causes the death of an employee and that death is a reasonably foreseeable consequence of the violation. This paragraph does not apply to:

(1) Any person who performs a public function either on a volunteer basis or for minimal compensation for services rendered; or

(2) Any public employee responding to or acting at a life-threatening situation who is forced to make and does make a judgment reasonably calculated to save the life of a human being.

Violation of this paragraph is a Class C crime.

3. Manslaughter is a Class A crime except that:

B. Violation of subsection 1, paragraph C is a Class C crime.

Sec. 10. 17-A MRSA §207, as amended by PL 1985, c. 495, §4, is repealed and the following enacted in its place:

§207. Assault

1.__A person is guilty of assault if:

A.__The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.__Violation of this paragraph is a Class D crime; or

B.__The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another person who is less than 6 years of age.__ Violation of this paragraph is a Class C crime.

Sec. 11. 17-A MRSA §210, as amended by PL 1999, c. 433, §1, is further amended to read:

§210. Terrorizing

1. A person is guilty of terrorizing if that person communicates to any person a threat to commit or to cause to be committed a crime of violence dangerous to human life, against the person to whom the communication is made or another, and the natural and probable consequence of such a threat, whether or not such consequence in fact occurs, is:

A. To place the person to whom the threat is communicated or the person threatened in reasonable fear that the crime will be committed.__Violation of this paragraph is a Class D crime; or

B. To cause evacuation of a building, place of assembly or facility of public transport or to cause the occupants of a building to be moved to or required to remain in a designated secured area. Violation of this paragraph is a Class C crime.

2. Violation of subsection 1, paragraph A, is a Class D crime. Violation of subsection 1, paragraph B, is a Class C crime.

Sec. 12. 17-A MRSA §210-A, sub-§1, as enacted by PL 1995, c. 668, §3, is amended to read:

1. A person is guilty of stalking if:

A. The person actor intentionally or knowingly engages in a course of conduct directed at another a specific person that would in fact cause both a reasonable person and that other specific person:

(1) To suffer intimidation or serious inconvenience, annoyance or alarm;

(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or

(3) To fear death or to fear the death of a member of that person's immediate family; and.

Violation of this paragraph is a Class D crime.__The court shall impose a sentencing alternative involving a term of imprisonment of at least 60 days, of which 48 hours may not be suspended, and may order the person to attend an abuser education program approved by the court;

B. The person's course of conduct in fact causes the other specific person:

(1) To suffer intimidation or serious inconvenience, annoyance or alarm;

(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or

(3) To fear death or to fear the death of a member of that person's immediate family.

C.__The actor violates paragraph A and has 2 or more prior convictions and the actor intentionally or knowingly engages in a course of conduct directed at a specific person that would in fact cause both a reasonable person and that specific person:

(1)__To suffer intimidation or serious inconvenience, annoyance or alarm;

(2)__To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or

(3)__To fear death or to fear the death of a member of that person's immediate family.

Violation of this paragraph is a Class C crime.__The court shall impose a sentencing alternative involving a term of imprisonment of at least 6 months, of which 14 days may not be suspended, and may order the person to attend an abuser education program approved by the court.

For the purposes of this paragraph, "prior conviction" means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; any other temporary, emergency, interim or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent agreement.__Section 9-A governs the use of prior convictions when determining a sentence.

Sec. 13. 17-A MRSA §210-A, sub-§3, as amended by PL 1999, c. 510, §4, is repealed.

Sec. 14. 17-A MRSA §253, sub-§1, ¶¶A and B, as repealed and replaced by PL 1989, c. 401, Pt. A, §4, are amended to read:

A. 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; or

B. 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.

Sec. 15. 17-A MRSA §253, sub-§2, ¶¶A to G, as repealed and replaced by PL 1989, c. 401, Pt. A, §4, are amended to read:

A. The actor has substantially impaired the other person's power to appraise or control the other person's sexual acts by administering or employing drugs, intoxicants or other similar means.__Violation of this paragraph is a Class B crime;

B. 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;

C. 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;

D. 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;

E. The other person, not the actor's spouse, is in official custody as a probationer or a parolee, 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;

F. The other person, not the actor's spouse, has not in fact attained the age of 18 years and 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;

G. 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, day care facility, residential child care facility, drug treatment center, camp 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;

Sec. 16. 17-A MRSA §253, sub-§2, ¶¶H and I, as amended by PL 1993, c. 687, §1, are further amended to read:

H. 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;

I. 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 patient or client for mental health therapy of the actor. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes, which therapy is based upon an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse.__Violation of this paragraph is a Class C crime; or

Sec. 17. 17-A MRSA §253, sub-§2, ¶J, as enacted by PL 1993, c. 687, §2 and amended by PL 1995, c. 560, Pt. K, §82 and affected by §83, is further amended to read:

J. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that the other person as a person with mental retardation. It is an affirmative defense to prosecution under this paragraph that the actor receives services for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3. Violation of this paragraph is a Class C crime.

Sec. 18. 17-A MRSA §253, sub-§4, as repealed and replaced by PL 1989, c. 401, Pt. A, §4, is repealed.

Sec. 19. 17-A MRSA §253, sub-§5, as amended by PL 1993, c. 687, §3, is repealed.

Sec. 20. 17-A MRSA §253, sub-§6, as amended by PL 1995, c. 429, §1, is further amended to read:

6. In using a sentencing alternative involving a term of imprisonment for any natural a person convicted of violating this section, a court shall, in determining the maximum period of incarceration as the 2nd step in the sentencing process, treat each prior Maine conviction for a violation of this section as an aggravating sentencing factor.

A. When the sentencing class for a prior conviction under this section is Class A, the court shall enhance the basic period of incarceration by a minimum of 4 years of imprisonment.

B. When the sentencing class for a prior conviction under this section is Class B, the court shall enhance the basic period of incarceration by a minimum of 2 years of imprisonment.

C. When the sentencing class for a prior conviction under this section is Class C, the court shall enhance the basic period of incarceration by a minimum of one year of imprisonment.

In arriving at the final sentence as the 3rd step in the sentencing process, the court may not suspend that portion of the maximum term of incarceration based on a prior conviction.

Sec. 21. 17-A MRSA §254, as amended by PL 1997, c. 460, §§2 and 3, is further amended to read:

§254. Sexual abuse of minors

1. A person is guilty of sexual abuse of a minor if:

A. Having attained the age of 19 years, the The person engages in a sexual act with another person, not the actor's spouse, who has attained the age of 14 years of age but has not attained the age of 16 years, provided that is either 14 or 15 years of age and the actor is at least 5 years older than the other person.__Violation of this paragraph is a Class D crime; or

A-1.__The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity.__Violation of this paragraph is a Class C crime;

A-2.__The person violates paragraph A and the actor is at least 10 years older than the other person.__Violation of this paragraph is a Class C crime;

C. Having attained the age of The person is at least 21 years, the person of age and engages in a sexual act with another person, not the actor's spouse, who has attained the age of 16 years but not the age of 18 years, is either 16 or 17 years of age and 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 in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;

D.__The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity.__Violation of this paragraph is a Class D crime; or

E.__The person violates paragraph C and the actor is at least 10 years older than the student.__Violation of this paragraph is a Class D crime.

2. It is a defense to a prosecution under subsection 1, paragraph paragraphs A, A-1 and A-2, that the actor reasonably believed the other person to have attained his 16th birthday is at least 16 years of age.

3. Violation of subsection 1, paragraph A is a Class D crime; and violation of subsection 1, paragraph C is a Class E crime; except that the sentencing class for a violation of subsection 1 is one class higher if the State pleads and proves:

A. The actor was more than 10 years older than the other person; or

B. The actor knew the other person was related to the actor within the 2nd degree of consanguinity.

4.__As used in this section, "related to the actor within the 2nd degree of consanguinity" has the meaning set forth in section 556.

Sec. 22. 17-A MRSA §255, as amended by PL 1997, c. 460, §4, is repealed.

Sec. 23. 17-A MRSA §255-A is enacted to read:

§255. Unlawful sexual contact

1.__A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and:

A.__The other person has not expressly or impliedly acquiesced in the sexual contact. Violation of this paragraph is a Class D crime;

B.__The other person has not expressly or impliedly acquiesced in the sexual contact and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

C.__The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact.__Violation of this paragraph is a Class D crime;

D.__The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact and the sexual contact includes penetration.__ Violation of this paragraph is a Class C crime;

E.__The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older.__Violation of this paragraph is a Class C crime;

F.__The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older and the sexual contact includes penetration.__ Violation of this paragraph is a Class B crime;

G.__The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other person has the right to deny or withdraw consent.__Violation of this paragraph is a Class D crime;

H.__The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other person has the right to deny or withdraw consent__and the sexual contact includes penetration.__Violation of this paragraph is a Class C crime;

I.__The other person, not the actor's spouse, is in official custody as a probationer or parolee 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 D crime;

J.__The other person, not the actor's spouse, is in official custody as a probationer or parolee or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person and the sexual contact includes penetration.__Violation of this paragraph is a Class C crime;

K.__The other person, not the actor's spouse, is in fact less than 18 years of age and 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 D crime;

L.__The other person, not the actor's spouse, is in fact less than 18 years of age and 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 and the sexual contact includes penetration.__Violation of this paragraph is a Class C crime;

M.__The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long- term general care and welfare of that other person.__ Violation of this paragraph is a Class C crime;

N.__The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long- term general care and welfare of that other person and the sexual contact includes penetration.__Violation of this paragraph is a Class B crime;

O.__The other person submits as a result of compulsion.__ Violation of this paragraph is a Class C crime;

P.__The other person submits as a result of compulsion and the sexual contact includes penetration.__Violation of this paragraph is a Class B crime;

Q.__The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with mental retardation.__It is an affirmative defense to prosecution under this paragraph that the actor receives services for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3.__Violation of this paragraph is a Class D crime;

R.__The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with mental retardation and the sexual contact includes penetration.__It is an affirmative defense to prosecution under this paragraph that the actor receives services for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3.__ Violation of this paragraph is a Class C crime;

S.__The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled.__Violation of this paragraph is a Class E crime; or

T.__The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled and the sexual contact includes penetration.__ Violation of this paragraph is a Class D crime.

Sec. 24. 17-A MRSA §259, sub-§1, as enacted by PL 1999, c. 349, §3, is repealed.

Sec. 25. 17-A MRSA §259, sub-§1-A is enacted to read:

1-A.__A person is guilty of soliciting a child by a computer to commit a prohibited act if:

A.__The actor:

(1)__Uses a computer knowingly to solicit, entice, persuade or compel another person to meet with the actor;

(2)__Is at least 16 years of age;

(3)__Knows or believes that the other person is less than 14 years of age; and

(4)__Is at least 3 years older than the expressed age of the other person; and

B.__The actor has the intent to engage in any one of the following prohibited acts with the other person:

(1)__A sexual act as defined in section 251, subsection 1, paragraph C;

(2)__Sexual contact as defined in section 251, subsection 1, paragraph D; or

(3)__Sexual exploitation of a minor pursuant to Title 17, section__2922.

Sec. 26. 17-A MRSA §301, sub-§§1 and 2, as enacted by PL 1975, c. 499, §1, are amended to read:

1. A person is guilty of kidnapping if either:

A. He The actor knowingly restrains another person with the intent to:

(1) hold him Hold the other person for ransom or reward;

(2) use him Use the other person as a shield or hostage;

(3) inflict Inflict bodily injury upon him the other person or subject him the other person to conduct defined as criminal in chapter 11;

(4) terrorize him Terrorize the other person or a 3rd person;

(5) facilitate Facilitate the commission of another crime by any person or flight thereafter; or

(6) interfere Interfere with the performance of any governmental or political function; or

B. He The actor knowingly restrains another person:

(1) under Under circumstances which, in fact, expose such the other person to risk of serious bodily injury; or

(2) by By secreting and holding him the other person in a place where he the other person is not likely to be found.

2. "Restrain" means to restrict substantially the movements of another person without his the other person's consent or other lawful authority by:

A. Removing him the other person from his the other person's residence, place of business, or from a school; or

B. Moving him the other person a substantial distance from the vicinity where he the other person is found; or

C. Confining him the other person for a substantial period either in the place where the restriction commences or in a place to which he the other person has been moved.

Sec. 27. 17-A MRSA §302, as amended by PL 1995, c. 689, §1, is repealed and the following enacted in its place:

§302.__Criminal restraint

1.__A person is guilty of criminal restraint if:

A.__Knowing the actor has no legal right to do so, the actor intentionally or knowingly takes, retains or entices another person who:

(1)__Is less than 14 years of age.__Violation of this subparagraph is a Class D crime;

(2)__Is incompetent.__Violation__of this subparagraph is a Class D crime;

(3)__Is either 14, 15 or 16 years of age from the custody of the other person's parent, guardian or other lawful custodian, with the intent to hold the other person permanently or for a prolonged period and the actor is at least 18 years of age.__Violation of this subparagraph is a Class D crime; or

(4)__Is in fact less than 8 years of age.__Violation of this subparagraph is a Class C crime; or

B.__The actor:

(1)__Knowingly restrains another person.__Violation of this subparagraph is a Class D crime; or

(2)__Knowingly restrains another person who is in fact less than 8 years of age.__Violation of this subparagraph is a Class C crime.

As used in this paragraph, "restrain" has the same meaning as in section 301, subsection 2.

2.__It is a defense to a prosecution under this section that the actor is the parent of the other person taken, retained, enticed or restrained. Consent by the person taken, retained or enticed is not a defense to a prosecution under subsection 1, paragraph A.

Sec. 28. 17-A MRSA §352, sub-§1, ¶F, as enacted by PL 1975, c. 499, §1, is amended to read:

F. Trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him the owner.

Sec. 29. 17-A MRSA §352, sub-§2, as enacted by PL 1975, c. 499, §1, is repealed and the following enacted in its place:

2.__"Obtain" means:

A.__In relation to property, to bring about, in or out of this State, a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another;

B.__In relation to labor or services, to secure performance of labor or services; and

C.__In relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.

Sec. 30. 17-A MRSA §352, sub-§3, ¶A, as enacted by PL 1975, c. 499, §1, is amended to read:

A. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or the use and benefit thereof of the property, would be lost; or

Sec. 31. 17-A MRSA §352, sub-§4, as amended by PL 1975, c. 740, §53, is further amended to read:

4. "Property of another" includes property in which any person or government other than the actor has an interest which that the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forefeiture forfeiture as contraband. Property in the possession of the actor shall may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

Sec. 32. 17-A MRSA §352, sub-§5, as amended by PL 1995, c. 224, §2, is further amended to read:

5. The meaning of "value" shall must be determined according to the following.

A. Except as otherwise provided in this subsection, value means the market value of the property or services at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime.

B. The value of a written instrument which that does not have a readily ascertainable market value shall, in the case of an instrument such as a check, draft or promissory note be, is deemed the amount due or collectible thereon on the instrument, and shall, in the case of any other instrument which that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation be, is deemed the greatest amount of economic loss which that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

C. The value of a trade secret which that does not have a readily ascertainable market value shall be is deemed any reasonable value representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret.

D. If the value of property or services cannot be ascertained beyond a reasonable doubt pursuant to the standards set forth above, the trier of fact may find the value to be not less than a certain amount, and if no such minimum value can be thus ascertained, the value is deemed to be an amount less than $1,000.

E. Amounts of value involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated to charge a single theft of appropriate class or grade. Subject to the requirement that the conduct of the defense shall may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregated count be considered as separate thefts. No An aggregated count of theft shall may not be deemed duplicitous because of such an order and no an election shall may not be required. Prosecution may be brought in any venue in which one of the thefts which that have been aggregated was committed.

F. The defendant's actor's culpability as to value is not an essential requisite of liability, unless otherwise expressly provided.

Sec. 33. 17-A MRSA §353, as enacted by PL 1975, c. 499, §1, is repealed and the following enacted in its place:

§353.__Theft by unauthorized taking or transfer

1.__A person is guilty of theft if:

A.__The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property.__Violation of this paragraph is a Class E crime; or

B.__The person violates paragraph A and:

(1)__The value of the property is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__The property stolen is a firearm or an explosive device.__Violation of this subparagraph is a Class B crime;

(3)__The person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;

(4)__The value of the property is more than $2,000 but not more than $10,000.__Violation of this subparagraph is a Class C crime;

(5)__The value of the property is more than $1,000 but not more than $2,000.__Violation of this subparagraph is a Class D crime; or

(6)__The person has 2 prior Maine convictions for any combination of the following:__theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat.__Section 9-A governs the use of prior convictions when determining a sentence.__Violation of this subparagraph is a Class C crime.

2.__As used in this section, "exercises unauthorized control" includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement.

Sec. 34. 17-A MRSA §354, as amended by PL 1999, c. 455, §1, is repealed and the following enacted in its place:

§354.__Theft by deception

1.__A person is guilty of theft if:

A.__The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property.__Violation of this paragraph is a Class E crime; or

B.__The person violates paragraph A and:

(1)__The value of the property is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__The property stolen is a firearm or an explosive device.__Violation of this subparagraph is a Class B crime;

(3)__The person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;

(4)__The value of the property is more than $2,000 but not more than $10,000.__Violation of this subparagraph is a Class C crime;

(5)__The value of the property is more than $1,000 but not more than $2,000.__Violation of this subparagraph is a Class D crime; or

(6)__The person has 2 prior Maine convictions for any combination of the following:__theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 651; any violation of section 702, 703 or 708. attempts thereat.__Section 9-A governs the use of prior convictions when determining a sentence.__Violation of this subparagraph is a Class C crime.

2.__For purposes of this section, deception occurs when a person intentionally:

A.__Creates or reinforces an impression that is false and that the person does not believe to be true, including false impressions as to identity, law, value, knowledge, opinion, intention or other state of mind; except that an intention not to perform a promise, or knowledge that a promise will not be performed, may not be inferred from the fact alone that the promise was not performed;

B.__Fails to correct an impression that is false and that the person does not believe to be true and that:

(1)__The person had previously created or reinforced; or

(2)__The person knows to be influencing another whose property is involved and to whom the person stands in a fiduciary or confidential relationship;

C.__Prevents another from acquiring information that is relevant to the disposition of the property involved; or

D.__Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property that the person transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.

3.__It is not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.

Sec. 35. 17-A MRSA §354-A, sub-§1, as enacted by PL 1997, c. 779, §1, is repealed and the following enacted in its place:

1.__A person is guilty of theft if:

A.__The person obtains or exercises control over property of another as a result of insurance deception and with an intent to deprive the other person of the property.__ Violation of this paragraph is a Class E crime; or

B.__The person violates paragraph A and:

(1)__The value of the property is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__The property stolen is a firearm or an explosive device.__Violation of this subparagraph is a Class B crime;

(3)__The person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;

(4)__The value of the property is more than $2,000 but not more than $10,000.__Violation of this subparagraph is a Class C crime;

(5)__The value of the property is more than $1,000 but not more than $2,000.__Violation of this subparagraph is a Class D crime; or

(6)__The person has 2 prior Maine convictions for any combination of the following:__theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat.__Section 9-A governs the use of prior convictions when determining a sentence.__Violation of this subparagraph is a Class C crime.

Sec. 36. 17-A MRSA §354-A, sub-§3, as enacted by PL 1997, c. 779, §1, is amended to read:

3. It is no not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.

Sec. 37. 17-A MRSA §355, sub-§1, as enacted by PL 1975, c. 499, §1, is amended to read:

1. A person is guilty of theft if he the person obtains or exercises control over the property of another as a result of extortion and with the intention intent to deprive him thereof the other person of the property.

Sec. 38. 17-A MRSA §355, sub-§2, ¶B, as enacted by PL 1975, c. 499, §1, is amended to read:

B. Do any other act which that would not in itself substantially benefit him the person but which that would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.

Sec. 39. 17-A MRSA §355, sub-§3 is enacted to read:

3.__Violation of this section is a Class C crime.

Sec. 40. 17-A MRSA §356, as repealed and replaced by PL 1981, c. 529, §1, is repealed.

Sec. 41. 17-A MRSA §356-A is enacted to read:

§356-A.__Theft of lost, mislaid or mistakenly delivered property

1.__A person is guilty of theft if:

A.__The person obtains or exercises control over the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property and, with the intent to deprive the owner of the property at any time subsequent to acquiring it, the person fails to take reasonable measures to return it.__ Violation of this paragraph is a Class E crime; or

B.__The person violates paragraph A and:

(1)__The value of the property is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__The property stolen is a firearm or an explosive device.__Violation of this subparagraph is a Class B crime;

(3)__The person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;

(4)__The value of the property is more than $2,000 but not more than $10,000.__Violation of this subparagraph is a Class C crime;

(5)__The value of the property is more than $1,000 but not more than $2,000.__Violation of this subparagraph is a Class D crime; or

(6)__The person has 2 prior Maine convictions for any combination of the following:__theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat.__Section 9-A governs the use of prior convictions when determining a sentence.__Violation of this subparagraph is a Class C crime.

Sec. 42. 17-A MRSA §357, as amended by PL 1999, c. 657, §8, is repealed and the following enacted in its place:

§357. Theft of services

1.__A person is guilty of theft if:

A.__The person obtains services by deception, threat, force or any other means designed to avoid the due payment for the services that the person knows are available only for compensation.__Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1)__The value of the services is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__The person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;

(3)__The value of the services is more than $2,000 but not more than $10,000.__Violation of this subparagraph is a Class C crime;

(4)__The value of the services is more than $1,000 but not more than $2,000.__Violation of this subparagraph is a Class D crime; or

(5)__The person has 2 prior Maine convictions for any combination of the following:__theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat.__Section 9-A governs the use of prior

convictions when determining a sentence.__Violation of this subparagraph is a Class C crime.

2.__A person is guilty of theft if:

A.__Having control over the disposition of services of another, to which the person knows the person is not entitled, the person diverts such services to the person's own benefit or to the benefit of some other person who the person knows is not entitled to the services.__Violation of this paragraph is a Class E crime; or

B.__The person violates paragraph A and:

(1)__The value of the services is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__That person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;

(3)__The value of the services is more than $2,000 but not more than $10,000.__Violation of this subparagraph is a Class C crime;

(4)__The value of the services is more than $1,000 but not more than $2,000.__Violation of this subparagraph is a Class D crime; or

(5)__The person has 2 prior Maine convictions for any combination of the following:__theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat.__Section 9-A governs the use of prior convictions when determining a sentence.__Violation of this subparagraph is a Class C crime.

3.__As used in this section:

A.__"Deception" has the same meaning as in section 354;

B. "Services" includes, but is not limited to, labor; professional service; public utility service; transportation service; ski-lift service; restaurant, hotel, motel, tourist cabin, rooming house and like accommodations; the supplying of equipment, tools, vehicles or trailers for temporary use; telephone, cellular telephone, telegraph, cable television or computer service; gas, electricity, water or steam; admission to entertainment, exhibitions, sporting events or other events; or other services for which a charge is made; and

C.__"Threat" is deemed to occur under the circumstances described in section 355, subsection 2.

4.__When compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, ski lifts, garages or sporting events, nonpayment prior to use or enjoyment, refusal to pay or absconding without payment or offer to pay gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the service was obtained by deception.

5.__Proof that utility services or electricity services have been improperly diverted or that devices belonging to the utility or electricity service provider and installed for the delivery, regulation or measurement of utility services or electricity services have been interfered with gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person to whom the utility service or electricity service is being delivered or diverted knowingly created or caused to be created the improper diversion or interference with the devices of the utility or electricity service provider.

This inference does not apply unless the person to whom the utility service or electricity service is being delivered has been furnished the service for at least 30 days.

For purposes of this subsection, "electricity service" means electric billing and metering services, as defined in Title 35-A, section 3201, subsection 8, and the service of a competitive electricity provider, as defined in Title 35-A, section 3201, subsection 5.

Sec. 43. 17-A MRSA §358, sub-§1, as enacted by PL 1975, c. 499, §1, is repealed and the following enacted in its place:

1.__A person is guilty of theft if:

A.__The person obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a 3rd person or to a fund administered by that person, whether from that property or its proceeds or from that person's own property to be reserved in an equivalent or agreed amount, if that person intentionally or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as that person's own.__Violation of this paragraph is a Class E crime; or

B.__The person violates paragraph A and:

(1)__The value of the property is more than $10,000.__ Violation of this subparagraph is a Class B crime;

(2)__The property stolen is a firearm or an explosive device.__Violation of this subparagraph is a Class B crime;

(3)__The person is armed with a dangerous weapon at the time of the offense.__Violation of this subparagraph is a Class B crime;