LD 1005
pg. 1
LD 1005 Title Page An Act To Increase the Class of Crime of Unlawful Sexual Contact Page 2 of 4
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LR 1666
Item 1

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

 
Sec. 1. 17-A MRSA §255-A, sub-§1, as amended by PL 2001, c. 354, §3
and enacted by c. 383, §23 and affected by §156, is further
amended to read:

 
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 B 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 B 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 B 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 B
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 B
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 B 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


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