LD 722
pg. 3
Page 2 of 3 PUBLIC Law Chapter 138 LD 722 Title Page
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LR 1000
Item 1

 
G.__The other person is in fact less than 18 years of age and
the actor is a parent, stepparent, foster parent, guardian or
other similar person responsible for the long-term general
care and welfare of that other person.__Violation of this
paragraph is a Class D crime;

 
H.__The other person submits as a result of compulsion.__
Violation of this paragraph is a Class D crime;

 
I.__The actor owns, operates or is an employee of an
organization, program or residence that is operated,
administered, licensed or funded by the Department of
Behavioral and Developmental Services or the Department of
Human Services and the other person, not the actor's spouse,
receives services from the organization, program or
residence and the organization, program or residence
recognizes that other person as a person with mental
retardation.__It is an affirmative defense to prosecution
under this paragraph that the actor receives services for
mental retardation or is a person with mental retardation as
defined in Title 34-B, section 5001, subsection 3.__
Violation of this paragraph is a Class D crime; or

 
J.__The other person, not the actor's spouse, is in fact
less than 18 years of age and is a student enrolled in a
private or public elementary, secondary or special education
school, facility or institution and the actor, who is at
least 21 years of age, is a teacher, employee or other
official in the school district, school union, educational
unit, school, facility or institution in which the student
is enrolled.__Violation of this paragraph is a Class E
crime.


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