Sec. 7. 22 MRSA §4036, sub-§6 is enacted to read:

6.__Conviction or adjudication for certain sex offenses; presumption.__In ordering__a disposition under this section, if the court finds that a person has been convicted of an offense listed in Title 19-A, section 1653, subsection 6-A, paragraph A in which the victim was under 14 years of age at the time of the offense or has been adjudicated in an action under this chapter of sexually abusing a child under 14 years of age at the time of the abuse, it is presumed that the person would create a situation of jeopardy for the child if the adoption were granted and that the adoption is not in the best interest of the child.__ The person seeking primary residence or contact with the child may produce evidence to rebut the presumption.

SUMMARY

This bill provides that when a court finds that a person has been convicted of certain sexual offenses in which the victim was under 14 years of age, there is a rebuttable presumption that that person would create a situation of jeopardy for the child if any contact were to be permitted and that any contact is not in the best interest of the child. The crimes are the same offenses for which special provisions apply when courts are ordering custody, contact or primary residence under the adoption laws, parental rights and responsibilities laws, grandparent visitation laws and the child protective laws. Those crimes are sexual exploitation of a minor under the Maine Revised Statutes, Title 17-A, section 282; gross sexual assault under Title 17-A, section 253; sexual abuse of a minor under Title 17-A, section 254; unlawful sexual contact under Title 17-A, former section 255 or current section 255-A; visual sexual aggression against a child under Title 17-A, section 256; sexual misconduct with a child under 14 years of age under Title 17-A, section 258; and a comparable offense in another jurisdiction. Also added to the list is the crime of solicitation of a child by computer to commit a prohibited act under Title 17-A, section 259. The person seeking the contact, custody or primary residence may produce evidence to rebut the presumption.