HP0251, LD 326, item 1, An Act To Decriminalize Engaging in Prostitution

An Act To Decriminalize Engaging in Prostitution

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

PART A

Sec. A-1. 5 MRSA §3360-I, first ¶, as amended by PL 2013, c. 607, §1, is further amended to read:

As part of the sentence or fine imposed, the court shall impose an assessment of $35 on any person convicted of murder, a Class A crime, a Class B crime or a Class C crime and $20 on any person convicted of a Class D crime or a Class E crime, except that the court shall impose an assessment of $1,000 on any person convicted of aggravated sex trafficking as described in Title 17-A, section 852, an assessment of $500 on any person convicted of sex trafficking as described in Title 17-A, section 853, an assessment of $500 on any person for the first conviction and $1,000 for each subsequent conviction of engaging a prostitute prostituted person as described in Title 17-A, section 853-B 253-A and an assessment of $500 on any person for the first conviction and $1,000 for each subsequent conviction of patronizing prostitution of a minor or patronizing prostitution of a mentally disabled person as described in Title 17-A, section 855. Notwithstanding any other law, the court may not waive the imposition of the assessment required by this section. For purposes of collection and collection procedures, this assessment is considered part of the fine. At the time of commitment, the court shall inform the Department of Corrections or the county sheriff of any unpaid balances on assessments owed by the offender to the Victims' Compensation Fund. All funds collected as a result of these assessments accrue to the Victims' Compensation Fund.

Sec. A-2. 17-A MRSA §251, sub-§1, ¶¶H and I are enacted to read:

H. "Engages a prostituted person" means providing or agreeing to provide, either to the person whose prostitution is sought or to a 3rd person, pecuniary benefit in return for a sexual act as defined in paragraph C or sexual contact as defined in paragraph D.

I. "Prostitution" means engaging in, or agreeing to engage in, or offering to engage in a sexual act as defined in paragraph C or sexual contact as defined in paragraph D, in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person.

Sec. A-3. 17-A MRSA §253-A is enacted to read:

§ 253-A. Engaging a prostituted person

1. A person is guilty of engaging a prostituted person if the person engages a prostituted person within the meaning of section 251, subsection 1, paragraph H. Violation of this subsection is a Class D crime.

Sec. A-4. 17-A MRSA §851, as amended by PL 1995, c. 638, §§1 to 3, is further amended to read:

§ 851. Definitions

As used in this chapter:

1. "Prostitution" means engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact, as those terms are defined in section 251, in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person;

1-A. "Engages a prostitute prostituted person" means providing or agreeing to provide, either to the person whose prostitution is sought or to a 3rd person, pecuniary benefit in return for a sexual act or sexual contact as those terms are defined in section 251;

2. "Promotes prostitution" means:

A. Causing or aiding another to commit or engage in prostitution, other than as a patron;

B. Publicly soliciting patrons for prostitution. Publicly soliciting patrons for prostitution includes, but is not limited to, an offer, made in a public place, for a prostituted person who is not the person making the offer to engage in a sexual act or sexual contact, as those terms are defined in section 251, in return for a pecuniary benefit to be received by the person making the offer or a 3rd person;

C. Providing persons for purposes of prostitution;

D. Leasing or otherwise permitting a place controlled by the defendant, alone or in association with others, to be regularly used for prostitution;

E. Owning, controlling, managing, supervising or otherwise operating, in association with others, a house of prostitution or a prostitution business;

F. Transporting a person into or within the State with the intent that such other person engage in prostitution; or

G. Accepting or receiving, or agreeing to accept or receive, a pecuniary benefit pursuant to an agreement or understanding with any person, other than with a prostituted person or a patron, whereby the person participates or the person is to participate in the proceeds of prostitution.

Sec. A-5. 17-A MRSA §853, sub-§1, ¶B, as amended by PL 2015, c. 360, §1, is further 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 , section 253-A or section 852, former section 853-A, former section 853-B or section 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. A-6. 17-A MRSA §853-A, as amended by PL 2013, c. 537, §5, is repealed.

Sec. A-7. 17-A MRSA §853-B, as amended by PL 2013, c. 407, §4, is repealed.

Sec. A-8. 17-A MRSA §1252, sub-§4-A, as amended by PL 2017, c. 336, §1, is further amended to read:

4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 12, 13, 27 or 35, excluding former section 853-A; section 402-A, subsection 1, paragraph A; or section 752-A or 752-C was committed, or an attempt of any such crime was committed, the defendant had 2 or more prior convictions under chapter 9, 11, 12, 13, 27 or 35, excluding former section 853-A; section 402-A, subsection 1, paragraph A; or section 752-A or 752-C, or for an attempt of any such crime, or for engaging in substantially similar conduct in another jurisdiction, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this subsection, for violations under chapter 11, the dates of prior convictions may have occurred at any time. This subsection does not apply to section 210-A if the prior convictions have already served to enhance the sentencing class under section 210-A, subsection 1, paragraph C or any other offense in which prior convictions have already served to enhance the sentencing class.

Sec. A-9. 18-C MRSA §9-401, sub-§4, ¶F, as enacted by PL 2017, c. 402, Pt. A, §2 and affected by Pt. F, §1, is amended to read:

F. Has in that child's family background factors such as severe mental illness, substance abuse, prostitution, genetic or medical conditions or illnesses that place the child at risk for future problems.

PART B

Sec. B-1. 15 MRSA c. 313 is enacted to read:

CHAPTER 313

EXPUNGEMENT OF RECORDS

§ 2321. Expungement of records of the crime of engaging in prostitution

1. Engaging in the crime of prostitution. A person convicted of a crime of engaging in prostitution in this State may petition the court in which the conviction was recorded to expunge the record of the conviction. The court shall order all records of the conviction expunged if the convicted person has not been convicted of a violation of Title 17-A, section 253-A, 852 or 853 or former section 853-A and has no formal charging instrument pending in this State for a violation of Title 17-A, section 253-A, 852 or 853.

2. State Bureau of Identification. Following receipt of a court order for expungement under subsection 1, the Department of Public Safety, State Bureau of Identification shall make the necessary arrangements with the identification division of the Federal Bureau of Investigation to have all references to the expunged crime deleted from the Federal Bureau of Investigation's identification record and any state materials returned to the contributing agency.

summary

Part A decriminalizes engaging in prostitution by making the following amendments to the laws.

1. It changes the term "prostitute" to the term "prostituted person" in the law on funding for the Victims' Compensation Fund and in the definitions in the Maine Revised Statutes, Title 17-A, section 851.

2. It repeals the crime of engaging a prostitute in Title 17-A, section 853-B and places the provision in Title 17-A, chapter 11, which governs sexual assaults, in section 253-A using the term "engaging a prostituted person" instead of the term "engaging a prostitute." It provides definitions in chapter 11 for "engaging a prostituted person" and "prostitution."

3. It repeals the crime of engaging in prostitution.

4. It removes from the adoption assistance program reference to prostitution in the examples of family background factors that are used to define a special needs child.

Part B allows a person convicted of a crime of engaging in prostitution in this State to petition the court in which the conviction was recorded to expunge the record of the conviction. It authorizes the court to order all records of the conviction expunged if the convicted person has not been convicted of a violation of Title 17-A, section 253-A, 852 or 853 or former section 853-A and has no formal charging instrument pending in this State for a violation of Title 17-A, section 253-A, 852 or 853. Part B requires the Department of Public Safety, State Bureau of Identification, following receipt of a court order for expungement, to make the necessary arrangements with the identification division of the Federal Bureau of Investigation to have all references to the expunged crime deleted from the Federal Bureau of Investigation's identification record and any state materials returned to the contributing agency.

HP0251 LD 326	Session - 129th Maine Legislature		LR 360 Item 1
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