An Act To Protect All Students in Elementary or Secondary Schools from Sexual Assault by School Officials
Sec. 1. 17-A MRSA §253, sub-§2, ¶F, as amended by PL 2001, c. 383, §15 and affected by §156, is amended to read:
Sec. 2. 17-A MRSA §255-A, sub-§1, ¶¶K and L, as enacted by PL 2001, c. 383, §23 and affected by §156, are amended to read:
Sec. 3. 17-A MRSA §255-A, sub-§1, ¶¶S and T, as amended by PL 2005, c. 450, §1, are further amended to read:
Sec. 4. 17-A MRSA §260, sub-§1, ¶F, as enacted by PL 2003, c. 138, §5, is amended to read:
Sec. 5. 17-A MRSA §260, sub-§1, ¶J, as amended by PL 2011, c. 423, §7, is further amended to read:
Sec. 6. 19-A MRSA §1653, sub-§6-A, as amended by PL 2011, c. 597, §4, is further amended to read:
(1) Sexual exploitation of a minor, under Title 17-A, section 282;
(2) Gross sexual assault, under Title 17-A, section 253;
(3) Sexual abuse of a minor, under Title 17-A, section 254;
(4) Unlawful sexual contact, under Title 17-A, section 255-A or former section 255;
(5) Visual sexual aggression against a child, under Title 17-A, section 256;
(6) Sexual misconduct with a child under 14 years of age, under Title 17-A, section 258;
(6-A) Solicitation of a child to commit a prohibited act, under Title 17-A, section 259-A; or
(7) An offense in another jurisdiction that involves conduct that is substantially similar to that contained in subparagraph (1), (2), (3), (4), (5), (6) or (6-A). For purposes of this subparagraph, "another jurisdiction" means the Federal Government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa and each of the several states except Maine. "Another jurisdiction" also means the Passamaquoddy Tribe when that tribe has acted pursuant to Title 30, section 6209-A, subsection 1, paragraph A or B and the Penobscot Nation when that tribe has acted pursuant to Title 30, section 6209-B, subsection 1, paragraph A or B.
(1) Minimize circumstances when the family of the parent who is a sex offender or sexually violent predator would be supervising visits;
(2) Ensure that contact does not damage the relationship with the parent with whom the child has primary physical residence;
(3) Ensure the safety and well-being of the child; and
(4) Require that supervision be provided by a person who is physically and mentally capable of supervising a visit and who does not have a criminal history or history of abuse or neglect.
summary
This bill removes the age limit on the victim of the crime of unlawful sexual contact, unlawful sexual touching or gross sexual assault when the victim is a student at an elementary, secondary or special education school and the actor is a person at the school who has authority over the student.
The bill also specifies that a parent convicted of the crime of unlawful sexual contact, unlawful sexual touching or gross sexual assault is subject to stricter scrutiny by the court when it determines residence for and contact with a child of the parent when the victim was a student at an elementary, secondary or special education school and the parent was a person at the school who had authority over the student.