Sec. 1. 17-A MRSA §1252, sub-§9 is enacted to read:

9.__Notwithstanding any other provision of this code, in using a sentencing alternative involving a term of imprisonment for a person convicted of gross sexual assault, the court shall impose a sentence of imprisonment of:

A.__A minimum of 20 years if the victim is less than 7 years of age at the time of the offense;

B.__A minimum of 15 years if the victim is 7 or more years of age but less than 14 years of age at the time of the offense; or

C.__A minimum of 10 years if the victim is 14 or more years of age but less than 18 years of age at the time of the offense.

An offense of gross sexual assault in which the victim is less than 18 years of age at the time of the offense may not be charged as a lesser crime but must be charged as a violation of section 253.__The court may not suspend any part of the term of imprisonment sentenced for a person convicted of gross sexual assault against a person who is under 18 years of age at the time of the offense.

SUMMARY

This bill specifies that the court shall sentence persons convicted of gross sexual assault to the following minimum periods of imprisonment: if the victim is less than 7 years of age at the time of the offense, a minimum of 20 years; if the victim is more than 7 years of age but less than 14 years of age at the time of the offense, a minimum of 15 years; or if the victim is more than 14 years of age but less than 18 years of age at the time of the offense, a minimum of 10 years. The bill also specifies that an offense of gross sexual assault in which the victim is less than 18 years of age at the time of the offense may not be charged as a lesser crime but must be charged as a violation of the Maine Revised Statutes, Title 17-A, section 253. The court may not suspend any part of the term of imprisonment sentenced for a person convicted of gross sexual assault against a person who is under 18 years of age at the time of the offense.