Sec. 6. 17-A MRSA §253, sub-§1, ¶B, as repealed and replaced by PL 1989, c. 401, Pt. A, §4, is amended to read:

B. The other person, not the actor's spouse, has not in fact attained the age of 14 18 years.

Sec. 7. 17-A MRSA §253, sub-§4, as repealed and replaced by PL 1989, c. 401, Pt. A, §4, is amended to read:

4. Violation of subsection 1 is a Class A crime. The court shall require a person convicted of a violation of subsection 1 to:

A.__Notwithstanding section 1252, serve a period of incarceration of at least 120 months to life;

B.__Serve a period of probation of at least 7 years;

C.__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

D.__Pay restitution to the victim for counseling and other medical services.

If the State pleads and proves a prior conviction under this subsection, section 254, 255, 256, 258 or 259 or Title 17, section 2924, the provisions of paragraphs A to D apply, except that the court shall sentence the offender to an additional period of incarceration of 10 years for each prior conviction.

Sec. 8. 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 person engages in a sexual act with another person, not the actor's spouse, who has not attained the age of 14 18 years but has not attained the age of 16 years, provided that and the actor is at least 5 3 years older than the other person; or

C. Having attained the age of 21 years, the person engages in a sexual act with another person, not the actor's spouse, who has not attained the age of 16 years but not 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 in the school district, school union, educational unit, school, facility or institution in which the student is enrolled.

2. It is a defense to a prosecution under subsection 1, paragraph A, that the actor reasonably believed the other person to have attained his 16th that person's 18th birthday.

3. Violation of subsection 1, paragraph A is a Class D C crime; and violation of subsection 1, paragraph C is a Class E D 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.__The court shall impose the following for a violation of this section:

A.__For a violation of subsection 1, paragraph A:

(1)__Notwithstanding section 1252, serve a period of incarceration of at least 18 months but not more than 120 months;

(2)__Serve a period of probation of at least 3 years but not more than 5 years;

(3)__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

(4) Pay restitution to the victim for counseling and other medical services.

If the State pleads and proves a prior conviction under this subsection, section 253, 255, 256, 258 or 259 or Title 17, section 2924, the provisions of subparagraphs (1) to (4) apply, except that the court shall sentence the offender to a period of incarceration of at least 36 months to 60 months and, notwithstanding section 1202, a period of probation of at least 5 years but not more than 10 years; and

B.__For a violation of subsection 1, paragraph C:

(1)__Notwithstanding section 1252, serve a period of incarceration of at least 9 months but not more than 18 months;

(2)__Serve a period of probation of at least 18 months but not more than 3 years;

(3)__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

(4) Pay restitution to the victim for counseling and other medical services.

If the State pleads and proves a prior conviction under this subsection, section 253, 255, 256, 258 or 259 or Title 17, section 2924, the provisions of subparagraphs (1) to (4) apply, except that, notwithstanding section 1252, the court shall sentence the offender to a period of incarceration of at least 18 months but less than 36 months and, notwithstanding section 1202, a period of probation of at least 3 years but not more than 5 years.

Sec. 9. 17-A MRSA §255, sub-§1, ¶C, as amended by PL 1989, c. 401, Pt. A, §6, is further amended to read:

C. The other person, not the actor's spouse, has not in fact attained the age of 14 18 years and the actor is at least 3 years older;

Sec. 10. 17-A MRSA §255, sub-§2, as amended by PL 1997, c. 460, §4, is further amended to read:

2. Unlawful sexual contact is a Class D crime, except that a violation of subsection 1, paragraph J is a Class E crime and except that a violation of subsection 1, paragraph C, G or H is a Class C crime. The court shall require a person convicted of a violation of subsection 1, paragraph C to:

A.__Notwithstanding section 1252, serve a period of incarceration of at least 120 months up to life;

B.__Serve a period of probation of at least 7 years;

C.__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

D.__Pay restitution to the victim for counseling and other medical services.

If the State pleads and proves a prior conviction of subsection 1, paragraph C or section 253, 254, 256, 258 or 259 or Title 17, section 2924, the provisions of paragraphs A to D apply, except that, notwithstanding section 1252, the court shall sentence the offender to a period of incarceration of at least 240 months and, notwithstanding section 1202, a period of probation of at least 10 years.

Sec. 11. 17-A MRSA §256, as enacted by PL 1995, c. 72, §1, is amended to read:

§256. Visual sexual aggression against a child

1. A person is guilty of visual sexual aggression against a child if, for the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm, the actor, having in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 14 18 years of age.

2. Visual sexual aggression against a child is a Class D C crime. The court shall require a person convicted of a violation of subsection 1 to:

A.__Notwithstanding section 1252, serve a period of incarceration of at least 18 months but not more than 120 months;

B.__Serve a period of probation of at least 3 years but not more than 5 years;

C.__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

D.__Pay restitution to the victim for counseling and other medical services.

If the State pleads and proves a prior conviction under this section, section 253, 254, 255, 258 or 259 or Title 17, section 2924, the provisions of subsection 2, paragraphs A to D apply, except that, notwithstanding section 1252, the court shall sentence the offender to a period of incarceration of at least 36 months but not more than 240 months and, notwithstanding section 1202, a period of probation of at least 5 years but not more than 10 years.

Sec. 12. 17-A MRSA §258, as enacted by PL 1997, c. 143, §1, is amended to read:

§258. Sexual misconduct with a child under 18 years of age

1. A person is guilty of sexual misconduct with a child under 14 18 years of age if that person, having in fact attained 18 years of age knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained the age of 14 18 years, with the intent to encourage the other person to engage in a sexual act or sexual contact.

2. As used in this section, "sexually explicit materials" means any book, magazine, print, negative, slide, motion picture, videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or adult, engaging in sexually explicit conduct, as that term is defined in Title 17, section 2921, subsection 5.

3. Sexual misconduct with a child under 14 18 years of age is a Class D C crime. The court shall require a person convicted of a violation of subsection 1 to:

A.__Notwithstanding section 1252, serve a period of incarceration of at least 18 months but not more than 36 months;

B.__Serve a period of probation of at least 3 years but not more than 7 years;

C.__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

D.__Pay restitution to the victim for counseling and other medical services.

If the State pleads and proves a prior conviction under this section, section 253, 254, 255, 256 or 259 or Title 17, section 2924, the provisions of subsection 3, paragraphs A to D apply, except that, notwithstanding section 1252, the court shall sentence the offender to a period of incarceration of at least 36 months but not more than 240 months and, notwithstanding section 1202, a period of probation of at least 5 years but not more than 10 years.

Sec. 13. 17-A MRSA §259, sub-§1, ¶¶B and C, as enacted by PL 1999, c. 349, §3, are amended to read:

B. Is 16 19 years of age or older; and

C. Knows or believes the other person is less than 14 18 years of age;

Sec. 14. 17-A MRSA §259, sub-§3, as enacted by PL 1999, c. 349, §3, is amended to read:

3. Solicitation of a child by a computer to commit a prohibited act is a Class D C crime. The court shall require a person convicted of a violation of subsection 1 to:

A.__Notwithstanding section 1252, serve a period of incarceration of at least 18 months but not more than 120 months;

B.__Serve a period of probation of at least 3 years but not more than 5 years;

C.__Satisfy all requirements set forth in the Sex Offender Registration and Notification Act; and

D.__Pay restitution to the victim for counseling and other medical services.

Sec. 15. 17-A MRSA §259, as enacted by PL 1999, c. 349, §3, is amended by adding at the end a new paragraph to read:

If the State pleads and proves a prior conviction under this section, section 253, 254, 255, 256 or 258 or Title 17, section 2924, the provisions of subsection 3, paragraphs A to D apply, except that, notwithstanding section 1252, the court shall sentence the offender to a period of incarceration of at least 36 months but not more than 240 months and, notwithstanding section 1202, a period of probation of at least 5 years but not more than 10 years.

Sec. 16. 17-A MRSA §1329, sub-§6 is enacted to read:

6.__License suspension; late fee.__In addition to the other requirements of this section, an offender who has been ordered to make restitution pursuant to Title 17, section 2924 or section 253, 254, 255, 256, 258 or 259 and who has defaulted in payment or service is subject to the following.

A.__The court shall suspend the offender's motor vehicle operator's license until the offender is in compliance with the restitution order for 12 consecutive months.

B.__The court shall impose a late fee penalty of 18% per year.

SUMMARY

This bill increases to 18 years of age the threshold before which certain specified actions are crimes and imposes mandatory minimum sentences of incarceration and probation and the requirement to register under the Sex Offender Registration and Notification Act and pay restitution to the victim, if the victim can be determined, of a person convicted of: possession of sexually explicit materials; gross sexual assault; sexual abuse of a minor; unlawful sexual contact; visual sexual aggression against a child; sexual misconduct with a child under 14 years of age; and solicitation of child by computer to commit a prohibited act. This bill also requires the court to suspend the driver's license of a person who fails to make restitution and imposes a late fee penalty on that person. The person's license is restored once the order for restitution has been complied with for 12 consecutive months.