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An Act To Clarify and Expand Maine Criminal Laws Related to Sexual Assault
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §253, sub-§2, ¶F,  as amended by PL 2001, c. 383, §15 and affected by §156, is further amended to read:
 
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 havingwho has, or will have, instructional, supervisory or disciplinary authority over the student. Violation of this paragraph is a Class C crime;
Sec. 2. 17-A MRSA §253, sub-§2, ¶I,  as amended by PL 2001, c. 383, §16 and affected by §156, is further amended to read:
 
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. 3. 17-A MRSA §253, sub-§2, ¶J,  as corrected by RR 2003, c. 2, §25, is 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 Health and 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 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.; or
Sec. 4. 17-A MRSA §253, sub-§2, ¶K  is enacted to read:
 
K.   The other person, not the actor's spouse, has not in fact attained the age of 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 law enforcement officer having law enforcement authority in the jurisdiction in which the other person is enrolled or resides. Violation of this paragraph is a Class C crime.
Sec. 5. 17-A MRSA §254, sub-§1, ¶C,  as amended by PL 2001, c. 383, §21 and affected by §156, is further amended to read:
 
C.  The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who 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, or will be, 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;
Sec. 6. 17-A MRSA §254, sub-§1, ¶E,  as amended by PL 2003, c. 138, §2, is further amended to read:
 
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; or
Sec. 7. 17-A MRSA §254, sub-§1, ¶F,  as enacted by PL 2003, c. 138, §3, is amended to read:
 
F.  The person intentionally subjects another person, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime.; or
Sec. 8. 17-A MRSA §254, sub-§1, ¶G  is enacted to read:
 
G.   The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who 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 law enforcement officer having law enforcement authority in the jurisdiction in which the other person is enrolled or resides. Violation of this paragraph is a Class E crime.
Sec. 9. 17-A MRSA §255-A, sub-§1, ¶S,  as amended by PL 2005, c. 450, §1, is further amended to read:
 
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, or will be, 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;
Sec. 10. 17-A MRSA §255-A, sub-§1, ¶T,  as amended by PL 2005, c. 450, §1, is further amended to read:
 
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, or will be, 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. 11. 17-A MRSA §255-A, sub-§1, ¶U,  as enacted by PL 2005, c. 450, §2, is amended to read:
 
U.  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 of the actor for mental health therapy. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes and based upon an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class D crime; or
Sec. 12. 17-A MRSA §255-A, sub-§1, ¶V,  as enacted by PL 2005, c. 450, §2, is amended to read:
 
V.  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 of the actor for mental health therapy and the sexual contact includes penetration. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes and 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.;
Sec. 13. 17-A MRSA §255-A, sub-§1, ¶W  is enacted to read:
 
W.   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 law enforcement officer having law enforcement authority in the jurisdiction in which the other person is enrolled or resides. Violation of this paragraph is a Class E crime; or
Sec. 14. 17-A MRSA §255-A, sub-§1, ¶X  is enacted to read:
 
X.   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 law enforcement officer having law enforcement authority in the jurisdiction in which the other person is enrolled or resides and the sexual contact includes penetration. Violation of this paragraph is a Class D crime.
 
SUMMARY
The bill clarifies and expands criminal laws relating to sexual assault in which the victim of the crime is a student at a private or public elementary, secondary or special education school, facility or institution and the perpetrator of the crime either is, or will be, a teacher, employee or other official where the victim is enrolled or is a law enforcement officer where the student resides or is enrolled.