An Act To Prevent Sexual Abuse by Members of the Clergy
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §2, sub-§9-A is enacted to read:
9-A. "Domestic partner" means one of 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare.
Sec. 2. 17-A MRSA §253, sub-§2, ¶¶K and L, as enacted by PL 2011, c. 423, §3, are amended to read:
K. 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 suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class C crime; or
L. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class C crime . ; or
Sec. 3. 17-A MRSA §253, sub-§2, ¶M is enacted to read:
M. The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science healer, imam or minister of any religious denomination, and is in a position of trust or authority over the other person and uses the actor's position of trust or authority to engage in the sexual act and the other person is not the actor's spouse or domestic partner. Violation of this paragraph is a Class C crime.
Sec. 4. 17-A MRSA §255-A, sub-§1, ¶¶W and X, as enacted by PL 2011, c. 423, §6, are amended to read:
W. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class D crime; or
X. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect and the sexual contact includes penetration. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class C crime . ;
Sec. 5. 17-A MRSA §255-A, sub-§1, ¶¶Y and Z are enacted to read:
Y. The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science healer, imam or minister of any religious denomination, and is in a position of trust or authority over the other person and uses the actor's position of trust or authority to engage in the sexual contact and the other person is not the actor's spouse or domestic partner. Violation of this paragraph is a Class D crime; or
Z. The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science healer, imam or minister of any religious denomination, and is in a position of trust or authority over the other person and uses the actor's position of trust or authority to engage in the sexual contact and the other person is not the actor's spouse or domestic partner and the sexual contact includes penetration. Violation of this paragraph is a Class C crime.
Sec. 6. 17-A MRSA §260, sub-§1, ¶¶L and M, as enacted by PL 2011, c. 423, §9, are amended to read:
L. 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 suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class D crime; or
M. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, "domestic partners" means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class D crime . ; or
Sec. 7. 17-A MRSA §260, sub-§1, ¶N is enacted to read:
N. The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science healer, imam or minister of any religious denomination, and is in a position of trust or authority over the other person and uses the actor’s position of trust or authority to engage in the sexual touching and the other person is not the actor's spouse or domestic partner. Violation of this paragraph is a Class D crime.
summary
This bill makes it unlawful for a member of the clergy who is in a position of trust or authority over another person to use that clergyperson's position of trust or authority to engage in a sexual act, sexual contact or sexual touching with the other person. The bill amends the laws on the crimes of gross sexual assault, unlawful sexual contact and unlawful sexual touching.