HP0996
LD 1375
Session - 129th Maine Legislature
 
LR 20
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Prevent Law Enforcement Officers from Using Their Authority To Extract Sexual Favors

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

Sec. 1. 17-A MRSA §255-A, sub-§1, ¶¶W and X,  as enacted by PL 2011, c. 423, §6, are amended to read:

W. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class D crime; or
X. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect and the sexual contact includes penetration. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class C crime . ;

Sec. 2. 17-A MRSA §255-A, sub-§1, ¶¶ Y and Z  are enacted to read:

Y The actor is a law enforcement officer and the other person, not the actor's spouse, is under arrest, in custody, being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime, by the actor. Violation of this paragraph is a Class D crime; or
Z The actor is a law enforcement officer and the other person, not the actor's spouse, is under arrest, in custody, being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime, by the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime.

SUMMARY

This bill makes sexual contact between a law enforcement officer and a person who is not the law enforcement officer's spouse while the person is under arrest, in custody, being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime, by the law enforcement officer a Class D crime. If the sexual contact involves penetration, the sexual contact is a Class C crime.


Top of Page