Maine LD 651: An Act To Amend Maine’s Sex Trafficking and Prostitution Law

LD 651 (subjects: CRIMES , SEX OFFENSES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=651&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Sen. Amy Volk of Cumberland: (R – District 30) — e-mail | Twitter | Facebook

9 Cosponsors:

Actions

Chamber

Action
3/3/2015 Senate Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
suggested and ordered printed
On motion by Senator Rosen of Hancock REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
Ordered sent down forthwith for concurrence.
3/3/2015 House Bill REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
In concurrence. ORDERED SENT FORTHWITH.
5/19/2015 Senate Report READ and ACCEPTED.
READ ONCE.

Committee Amendment “A” (S-96) READ and ADOPTED.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-96) .

Ordered sent down forthwith for concurrence.
5/20/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-96).
In concurrence. ORDERED SENT FORTHWITH.
5/26/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/27/2015 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT , in concurrence.
6/30/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE. PASSED TO BE ENACTED , in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 651 as originally introduced. L.D. 651 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-96) .

An Act To Amend Maine’s Sex Trafficking and Prostitution Law

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA 259-A, sub- 1, A, as enacted by PL 2011, c. 597, 3, is repealed.

Sec. 2. 17-A MRSA 259-A, sub- 1, B, as enacted by PL 2011, c. 597, 3, is amended to read:

B. The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor:

(1) Is at least 16 years of age;

(2) Knows or believes that the other person is less than 1218 years of age; and

(3) Is at least 3 years older than the age expressed by the other person.

Violation of this paragraph is a Class C crime.

Sec. 3. 17-A MRSA 282, sub- 3 is enacted to read:

3. It is not a defense to prosecution under this section that the minor gave consent to an activity under subsection 1.

Sec. 4. 17-A MRSA 284, sub- 1, A, as amended by PL 2011, c. 50, 1, is further amended to read:

A. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses with intent to view any book, magazine, newspaper, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:

(1) The other person has not in fact attained 1618 years of age; or

(2) The person knows or has reason to know that the other person has not attained 1618 years of age.

Violation of this paragraph is a Class D crime;

Sec. 5. 17-A MRSA 284, sub- 4, as amended by PL 2005, c. 345, 2, is further amended to read:

4. Any material that depicts a person who has not attained 1618 years of age engaging in sexually explicit conduct is declared to be contraband and may be seized by the State.

Sec. 6. 17-A MRSA 852, sub- 4 is enacted to read:

4. It is not a defense to a violation of subsection 1, paragraph B that the person promoted to engage in prostitution consented to engaging in the prostitution.

Sec. 7. 17-A MRSA 853, sub- 1, B, as enacted by PL 2013, c. 407, 3, is amended to read:

B. The person violates paragraph A and has 2 or more prior convictions in this State for any combination of the Maine offenses listed in this paragraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. The Maine offenses are any violation of this section or section 852, 853-A, 853-B or 855 or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.

Sec. 8. 17-A MRSA 853, sub- 3 is enacted to read:

3. If the person promoted to engage in the prostitution is less than 18 years of age, it is not a defense to prosecution under this section that the person consented to engaging in the prostitution.

Sec. 9. 17-A MRSA 853-A, sub- 4, as enacted by PL 2013, c. 537, 5, is amended to read:

4. It is an affirmative defense to prosecution under this section that the person engaged in prostitution because the person was less than 18 years of age or was compelled to do so as described in section 852, subsection 2.

Sec. 10. 17-A MRSA 855, sub- 4 is enacted to read:

4. It is not a defense to a violation of subsection 1 that the person who has not attained 18 years of age and whose prostitution is sought gave consent to the prostitution.

Sec. 11. 22 MRSA 4002, sub- 1, as amended by PL 2007, c. 304, 10, is further amended to read:

1. Abuse or neglect. “Abuse or neglect” means a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17-A, sections 282, 852, 853 and 855, deprivation of essential needs or lack of protection from these or failure to ensure compliance with school attendance requirements under Title 20-A, section 3272, subsection 2, paragraph B or section 5051-A, subsection 1, paragraph C, by a person responsible for the child.

Sec. 12. 22 MRSA 4055, sub- 1-A, B, as amended by PL 1995, c. 481, 3, is further amended to read:

B. The victim of any of the following crimes was a child for whom the parent was responsible or the victim was a child who was a member of a household lived in or frequented by the parent and the parent has been convicted of:

(1) Murder;

(2) Felony murder;

(3) Manslaughter;

(4) Aiding or soliciting suicide;

(5) Aggravated assault;

(6) Rape;

(7) Gross sexual misconduct or gross sexual assault;

(8) Sexual abuse of minors;

(9) Incest;

(10) Kidnapping;

(11) Promotion of prostitution , sexual exploitation of a minor, sex trafficking or aggravated sex trafficking; or

(12) A comparable crime in another jurisdiction;

SUMMARY

This bill revises the criminal laws regarding sexual exploitation, prostitution and sex trafficking of minors by increasing the maximum age of the minors in various provisions to 18 years of age, clarifying under various provisions that it is not a defense that the minor gave consent and adding the crime of aggravated sex trafficking to the list of prior offenses that are used to enhance a charge of sex trafficking from a Class D to a Class C crime if a defendant has been convicted of 2 or more of the offenses. The bill also amends the Child and Family Services and Child Protection Act by adding to the definition of “abuse and neglect” various criminal offenses relating to sexual exploitation, prostitution and sex trafficking of minors and creating a rebuttable presumption of a parent’s unwillingness or inability to protect a child from jeopardy in considering the termination of parental rights if a child for whom the parent was responsible is the victim of sexual exploitation, sex trafficking or aggravated sex trafficking.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 651 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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