Sec. 1. 17-A MRSA §254, sub-§1, ¶¶D and E, as enacted by PL 2001, c. 383, §21 and affected by §156, are amended to read:

D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; or

E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime.; or

Sec. 2. 17-A MRSA §254, sub-§1, ¶F is enacted to read:

F.__The person intentionally subjects another person, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the other person.__Violation of this paragraph is a Class D crime.

Sec. 3. 17-A MRSA §254, sub-§2, as amended by PL 2001, c. 383, §21 and affected by §156, is further amended to read:

2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1 and, A-2 and F, that the actor reasonably believed the other person is at least 16 years of age.

SUMMARY

This bill criminalizes intentional sexual contact with a person who is either 14 or 15 years of age who is not the actor's spouse when the actor is at least 10 years older than the other person. This form of sexual abuse of a minor is a Class D crime. It is a defense to a prosecution for the new crime that the actor reasonably believed the other person to be at least 16 years of age.