An Act To Protect Children from Sexual Predators, Sexual Abuse and Sexual Assault
Sec. 1. 17-A MRSA §254, sub-§1, ¶A, as amended by PL 2001, c. 383, §21 and affected by §156, is further amended to read:
Sec. 2. 17-A MRSA §256, sub-§1, ¶A, as amended by PL 2005, c. 655, §1, is further amended to read:
Sec. 3. 17-A MRSA §258, sub-§1, as amended by PL 2003, c. 711, Pt. B, §5, is further amended to read:
Sec. 4. 17-A MRSA §259-A, sub-§1, ¶A, as enacted by PL 2011, c. 597, §3, is amended to read:
(1) Is at least 16 years of age;
(2) Knows or believes that the other person is less than 14 years of age or younger; and
(3) Is at least 3 years older than the age expressed by the other person.
Violation of this paragraph is a Class D C crime; or
Sec. 5. 17-A MRSA §262 is enacted to read:
§ 262. Illegal traveling for the purpose of committing a sex offense
Sec. 6. 17-A MRSA §281, sub-§4, ¶¶E and F, as enacted by PL 2003, c. 711, Pt. B, §12, are amended to read:
Sec. 7. 17-A MRSA §284, sub-§1, ¶A, as amended by PL 2011, c. 50, §1, is further amended to read:
(1) The other person has not in fact attained 16 years of age; or
(2) The person knows or has reason to know that the other person has not attained 16 years of age.
Violation of this paragraph is a Class D C crime;
Sec. 8. 17-A MRSA §285, as enacted by PL 2003, c. 711, Pt. B, §12, is amended to read:
§ 285. Forfeiture of equipment used to facilitate violations and assets that are proceeds of the violations
summary
This bill does the following:
1. Raises to Class C the crime of sexual abuse of a minor who is either 14 or 15 years of age;
2. Raises to Class C the crime of visual sexual aggression against a child under 14 years of age;
3. Raises to Class C the crime of sexual misconduct with a child and changes the age of the victim to include children 14 years of age or younger. Current law applies only to children under 14 years of age;
4. Raises to Class C the crime of solicitation of a child to commit a prohibited act and changes the age of the victim to include children 14 years of age or younger. Current law applies only to children under 14 years of age;
5. Enacts a prohibition on traveling into, out of or within this State or attempting to travel for the purposes of illegal sexual acts involving a minor. The bill also prohibits transporting a minor, attempting to transport a minor or soliciting or enticing a minor to travel into, out of or within the State for illegal sexual purposes. Illegal sexual purposes include engaging in a sexual act with a minor, prohibited under the Maine Revised Statutes, Title 17-A, chapter 11; engaging in sexual exploitation of a minor, prohibited under Title 17-A, chapter 12; or engaging in sex trafficking or prostitution, prohibited under Title 17-A, chapter 35. The bill makes illegal traveling a Class B crime;
6. Expands current law on sexual exploitation of a minor that prohibits exhibiting uncovered or covered portions of the genitals, anus or pubic area to include uncovered or covered breasts or buttocks;
7. Raises to Class C the crime of possession of sexually explicit material showing a child under 16 years of age engaging in sexually explicit conduct; and
8. Expands forfeiture of assets for a violation of the Maine Revised Statutes, Title 17-A , chapter 12, sexual exploitation of a minor, to provide for forfeiture of all money, negotiable instruments, securities, personal property and accounts held in a financial institution or held in any other manner in the name of the defendant or in which the defendant has an ownership interest that are directly or indirectly proceeds of the violation.