CHAPTER 450

H.P. 867 - L.D. 1249

An Act To Amend the Crimes of Unlawful Sexual Contact and

Unlawful Sexual Touching

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

Sec. 1. 17-A MRSA §255-A, sub-§1, ¶¶S and T, as enacted by PL 2001, c. 383, §23 and affected by §156, are amended to read:

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 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 is enrolled and the sexual contact includes penetration. Violation of this paragraph is a Class D crime.;

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