An Act To Strengthen the Crime of Gross Sexual Assault as It Pertains to Persons Who Furnish Drugs to Victims
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §253, sub-§2, ¶A, as amended by PL 2001, c. 383, §15 and affected by §156, is further amended to read:
A. The actor has substantially impaired the other person's power to appraise or control the other person's sexual acts by furnishing, as defined in section 1101, subsection 18, paragraph A, administering or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime;
Sec. 2. 17-A MRSA §253, sub-§3, as repealed and replaced by PL 1989, c. 401, Pt. A, §4, is repealed and the following enacted in its place:
3. It is a defense to a prosecution under subsection 2, paragraph A that the other person voluntarily consumed or allowed administration of the substance with knowledge of its nature, except that it is no defense when:
A. The other person is a patient of the actor and has a reasonable belief that the actor is administering the substance for medical or dental examination or treatment; or
B. The other person is in fact 14 or 15 years of age.
Effective June 30, 2008