LD 1249
pg. 2
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LR 2193
Item 1

 
U.__The actor is a psychiatrist, a psychologist or licensed as
a social worker or purports to be a psychiatrist, a
psychologist or licensed as a social worker to the other
person and the other person, not the actor's spouse, is a
patient or client of the actor for mental health therapy.__As
used in this paragraph, "mental health therapy" means
psychotherapy or other treatment modalities intended to change
behavior, emotions or attitudes and based upon an intimate
relationship involving trust and dependency with a substantial
potential for vulnerability and abuse.__Violation of this
paragraph is a Class D crime; or

 
V.__The actor is a psychiatrist, a psychologist or licensed
as a social worker or purports to be a psychiatrist, a
psychologist or licensed as a social worker to the other
person and the other person, not the actor's spouse, is a
patient or client of the actor for mental health therapy and
the sexual contact includes penetration.__As used in this
paragraph, "mental health therapy" means psychotherapy or
other treatment modalities intended to change behavior,
emotions or attitudes and based upon an intimate
relationship involving trust and dependency with a
substantial potential for vulnerability and abuse. Violation
of this paragraph is a Class C crime.

 
Sec. 3. 17-A MRSA §260, sub-§1, ¶I, as corrected by RR 2003, c. 2, §27,
is amended to read:

 
I. 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 Health
and 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 crime; or

 
Sec. 4. 17-A MRSA §260, sub-§1, ¶J, as enacted by PL 2003, c. 138, §5,
is amended to read:

 
J. 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


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