An Act To Require a Person Who Commits a Sex Offense against a Dependent or Incapacitated Adult To Register under the Sex Offender Registration and Notification Act of 1999
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §251, sub-§1, ¶H is enacted to read:
H.
"Dependent adult" means an adult who has a physical or mental condition that substantially impairs the adult's ability to adequately provide for that adult's daily needs. "Dependent adult" includes, but is not limited to, the following:
(1) A resident of a nursing home licensed or required to be licensed under Title 22, section 1817;
(2) A resident of a facility providing assisted living services licensed or required to be licensed pursuant to Title 22, section 7801; and
(3) A person considered a dependent person under section 555.
Sec. 2. 17-A MRSA §251, sub-§1, ¶I is enacted to read:
I. "Incapacitated adult" means an adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that the adult lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that adult's person, or to the extent that the adult cannot effectively manage or apply that adult's estate to necessary ends.
Sec. 3. 17-A MRSA §253, sub-§2, ¶I, as amended by PL 2001, c. 383, §16 and affected by §156, is further amended to read:
I. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client for mental health therapy of the actor. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes, which therapy is based upon an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class C crime; or
Sec. 4. 17-A MRSA §253, sub-§2, ¶J, as corrected by RR 2003, c. 2, §25, is amended to read:
J. 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 Health and 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 the 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 C crime . ; or
Sec. 5. 17-A MRSA §253, sub-§2, ¶K is enacted to read:
K. The other person is a dependent adult or incapacitated adult, which is reasonably apparent or known to the actor, and the actor is employed as a caregiver or otherwise provides care to the person. Violation of this paragraph is a Class C crime.
Sec. 6. 17-A MRSA §255-A, sub-§1, ¶U, as enacted by PL 2005, c. 450, §2, is amended to read:
U. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client of the actor for mental health therapy. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes and based upon an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class D crime; or
Sec. 7. 17-A MRSA §255-A, sub-§1, ¶V, as enacted by PL 2005, c. 450, §2, is amended to read:
V. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a patient or client of the actor for mental health therapy and the sexual contact includes penetration. As used in this paragraph, "mental health therapy" means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes and based upon an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class C crime . ;
Sec. 8. 17-A MRSA §255-A, sub-§1, ¶W is enacted to read:
W. The other person is a dependent adult or incapacitated adult, which is reasonably apparent or known to the actor, and the actor is employed as a caregiver or otherwise provides care to the person. Violation of this paragraph is a Class D crime; or
Sec. 9. 17-A MRSA §255-A, sub-§1, ¶X is enacted to read:
X. The other person is a dependent adult or incapacitated adult, which is reasonably apparent or known to the actor, and the actor is employed as a caregiver or otherwise provides care to the person and the sexual contact includes penetration. Violation of this paragraph is a Class C crime.
Sec. 10. 34-A MRSA §11203, sub-§6, as amended by PL 2009, c. 365, Pt. B, §§10 to 12 and affected by §22, is further amended to read:
Sec. 11. 34-A MRSA §11203, sub-§10 is enacted to read:
Sec. 12. 34-A MRSA §11203, sub-§11 is enacted to read:
Sec. 13. Effective date. This Act takes effect October 1, 2011.
summary
This bill specifies that an actor who is employed as a caregiver or otherwise provides care to a person who is a dependent adult or incapacitated adult and who commits gross sexual assault or unlawful sexual contact against the person whose dependency or incapacity is reasonably apparent or known to the actor is guilty of committing a sex offense as defined in the Sex Offender Registration and Notification Act of 1999 requiring a 10-year registration. Registration requirements for persons who commit these new crimes in the Maine Revised Statutes, Title 17-A, section 253, subsection 2, paragraph K or Title 17-A, section 255-A, subsection 1, paragraph W or paragraph X do not apply until October 1, 2011.