SP0424, LD 1261, item 1, An Act To Protect Minors from Sex Trafficking

An Act To Protect Minors from Sex Trafficking

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §281, sub-§1-A is enacted to read:

1-A. "Commercial sexual act" means a sexual act as defined in section 251, subsection 1, paragraph C for which anything of value is given to, promised to or received by any person or engaging in patronizing prostitution as defined in section 855, subsection 1-A.

Sec. 2. 17-A MRSA §§286 and 287 are enacted to read:

§ 286. Electronic enticement of a minor to engage in commercial sexual act

1. A person is guilty of electronic enticement of a minor to engage in a commercial sexual act if the person knowingly uses electronic communications to entice, promote or solicit a minor or a law enforcement decoy posing as a minor to engage in a commercial sexual act.

2. A violation of this section is prima facie evidence of the person's intent to cause the minor to engage in any offense listed under chapter 11, chapter 12 or chapter 35, and the offense is complete at that point without regard to whether the person met or attempted to meet the minor or whether the minor actually engaged in an offense listed in this subsection.

3. Electronic enticement of a minor to engage in a commercial sexual act is a Class C crime.

§ 287. Arranging travel for sex tourism with a minor

1. A person or agent of a person is guilty of arranging travel for sex tourism involving a minor if the person intentionally or knowingly advertises, arranges, facilitates, offers, promotes, purchases or sells or attempts to advertise, arrange, facilitate, offer, promote, purchase or sell travel services involving a commercial sexual act with a minor.

2. Arranging travel for sex tourism with a minor is a Class C crime.

Sec. 3. 17-A MRSA §852, sub-§1, ¶B, as amended by PL 2013, c. 407, §2, is further amended to read:

B. Promotes prostitution of a person less than 18 years old of age; or

Sec. 4. 17-A MRSA §852, sub-§1, ¶C, as enacted by PL 2013, c. 407, §2, is amended to read:

C. Promotes prostitution of a person who suffers from a mental disability that is reasonably apparent or known to the actor and that in fact renders the other person substantially incapable of appraising the nature of the conduct involved . ; or

Sec. 5. 17-A MRSA §852, sub-§1, ¶D is enacted to read:

D. Purchases or solicits, or offers or attempts to purchase or solicit, a sexual act with a minor or a person the person believes to be a minor.

summary

This bill:

1. Creates the crime of electronic enticement of a minor to engage in a commercial act as a Class C crime;

2. Creates the crime of arranging travel for sex tourism involving a minor as a Class C crime; and

3. Includes in the elements of the crime of aggravated sex trafficking when a person purchases or solicits or offers or attempts to purchase or solicit a sexual act with a minor or a person the person believes to be a minor.

SP0424 LD 1261	Session - 128th Maine Legislature		LR 1769 Item 1
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