Chapter 393
S.P. 518 - L.D. 1491
An Act To Prohibit Unauthorized Contact of Persons Convicted of Sex Offenses against Persons under 14 Years of Age with Persons under 14 Years of Age
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §261 is enacted to read:
1.
A person is guilty of prohibited contact with a minor if that person: A. Has previously been convicted of an offense under this chapter or chapter 12 against another person who had not in fact attained 14 years of age or has previously been convicted in another jurisdiction for conduct substantially similar to that contained in this chapter or chapter 12 against another person who had not in fact attained 14 years of age;
B. Has a duty to register under Title 34-A, chapter 15, subchapters 1 and 2; and
C. Intentionally or knowingly has direct or indirect contact with another person who has not in fact attained 14 years of age.
Violation of this subsection is a Class E crime.
2.
A person is guilty of prohibited contact with a minor in a sex offender restricted zone if that person: A. Has previously been convicted of an offense under this chapter or chapter 12 against another person who had not in fact attained 14 years of age or has previously been convicted in another jurisdiction for conduct substantially similar to that contained in this chapter or chapter 12 against another person who had not in fact attained 14 years of age;
B. Has a duty to register under Title 34-A, chapter 15, subchapters 1 and 2; and
C. Intentionally or knowingly has any direct or indirect contact in a sex offender restricted zone with another person who has not in fact attained 14 years of age.
Violation of this subsection is a Class D crime.
3.
It is an affirmative defense to prosecution under this section that the parent, foster parent, guardian or other similar person responsible for the person who had not in fact attained 14 years of age, knowing the conviction status described in subsections 1 and 2, gave consent that the defendant initiate, have or continue direct or indirect contact. It is also an affirmative defense to prosecution under this section that any contact is incidental to and directly related to the defendant's employment.
4.
For purposes of this section, "sex offender restricted zone" means the real property comprising a public or private elementary or middle school; the real property comprising a child care center, a child care facility, a day care operated by a family child care provider, a nursery school or a small child care facility as defined under Title 22, section 8301-A; or an athletic field, park, playground, recreational facility, children's camp or other place where children are the primary users.
Effective September 20, 2007