An Act To Prohibit Verbal Sexual Solicitation of a Child
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation closes a loophole in the law prohibiting sexual solicitation of a child; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 17-A MRSA §262 is enacted to read:
§ 262. Verbal solicitation of child to commit a prohibited act
(1) Is at least 16 years of age;
(2) Knows or believes that the other person is less than 14 years of age; and
(3) Is at least 3 years older than the expressed age of the other person; and
(1) A sexual act;
(2) Sexual contact; or
(3) Sexual exploitation of a minor pursuant to section 282.
Violation of this subsection is a Class D crime.
(1) Is at least 16 years of age;
(2) Knows or believes that the other person is less than 12 years of age; and
(3) Is at least 3 years older than the expressed age of the other person; and
(1) A sexual act;
(2) Sexual contact; or
(3) Sexual exploitation of a minor pursuant to section 282.
Violation of this subsection is a Class C crime.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
Current law prohibits a person from using a computer to solicit a child to engage in a prohibited sexual act. No such prohibition exists if the solicitation is not performed via computer.
This bill, which is based on the crime of solicitation of a child by computer to commit a prohibited act, prohibits the verbal solicitation of a child to perform a prohibited sexual act. If the child is less than 14 years of age, it is a Class D crime; if the child is less than 12 years of age, it is a Class C crime.