An Act To Amend the Laws Governing Certain Sexual Offenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 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. 2. 17-A MRSA §253, sub-§2, ¶M is enacted to read:
M. The other person has not expressly or impliedly acquiesced to the sexual act. Violation of this paragraph is a Class C crime.
Sec. 3. 17-A MRSA §253, sub-§3, as repealed and replaced by PL 2007, c. 474, §2, is repealed.
Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.