PUBLIC Law, Chapter 360, An Act To Amend Maine's Sex Trafficking and Child Welfare Laws

An Act To Amend Maine's Sex Trafficking and Child Welfare Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §853, sub-§1, ¶B, as enacted by PL 2013, c. 407, §3, is amended to read:

B. The person violates paragraph A and has 2 or more prior convictions in this State for any combination of the Maine offenses listed in this paragraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this paragraph in another jurisdiction. The Maine offenses are any violation of this section or section 852, 853-A, 853-B or 855 or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.

Sec. 2. 22 MRSA §4002, sub-§1, as amended by PL 2007, c. 304, §10, is further amended to read:

1. Abuse or neglect. "Abuse or neglect" means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17-A, sections 282, 852, 853 and 855, deprivation of essential needs or lack of protection from these or failure to ensure compliance with school attendance requirements under Title 20-A, section 3272, subsection 2, paragraph B or section 5051-A, subsection 1, paragraph C, by a person responsible for the child.

Sec. 3. 22 MRSA §4002, sub-§1-B, ¶A, as amended by PL 2001, c. 696, §10, is further amended to read:

A. The parent has subjected any child for whom the parent was responsible to aggravated circumstances, including, but not limited to, the following:

(1) Rape, gross sexual misconduct, gross sexual assault, sexual abuse, incest, aggravated assault, kidnapping, promotion of prostitution, sexual exploitation of a minor, sex trafficking or aggravated sex trafficking, abandonment, torture, chronic abuse or any other treatment that is heinous or abhorrent to society.

Sec. 4. 22 MRSA §4055, sub-§1-A, ¶B, as amended by PL 1995, c. 481, §3, is further amended to read:

B. The victim of any of the following crimes was a child for whom the parent was responsible or the victim was a child who was a member of a household lived in or frequented by the parent and the parent has been convicted of:

(1) Murder;

(2) Felony murder;

(3) Manslaughter;

(4) Aiding or soliciting suicide;

(5) Aggravated assault;

(6) Rape;

(7) Gross sexual misconduct or gross sexual assault;

(8) Sexual abuse of minors;

(9) Incest;

(10) Kidnapping;

(11) Promotion of prostitution , sexual exploitation of a minor, sex trafficking or aggravated sex trafficking; or

(12) A comparable crime in another jurisdiction;

Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.

SP0244 LD 651	PUBLIC Law, Chapter 360 on - Session - 127th Maine Legislature
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