LD 1005
pg. 3
Page 2 of 4 An Act To Increase the Class of Crime of Unlawful Sexual Contact Page 4 of 4
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LR 1666
Item 1

 
P. The other person submits as a result of compulsion and
the sexual contact includes penetration. Violation of
this paragraph is a Class B crime;

 
Q. 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
Behavioral and Developmental Services or the Department of
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 that 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 D B crime;

 
R. 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
Behavioral and Developmental Services or the Department of
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 that other person as a person with mental
retardation and the sexual contact includes penetration.
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 B crime;

 
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 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 B crime; or

 
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 a teacher, employee or other official in the
school district, school union, educational unit, school,
facility or institution in which the student


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