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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 931 - L.D. 1435
An Act to Reduce Commercial Sexual Exploitation
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §3360-I, first ¶, as amended by PL 2013, c. 607, §1, is further
amended to read:
As part of the sentence or fine imposed, the court shall impose an assessment of $35
on any person convicted of murder, a Class A crime, a Class B crime or a Class C crime
and $20 on any person convicted of a Class D crime or a Class E crime, except that the
court shall impose an assessment of $1,000 on any person convicted of aggravated sex
trafficking as described in Title 17‑A, section 852, an assessment of $500 on any person
convicted of sex trafficking as described in Title 17‑A, section 853, an assessment of $500
on any person for the first conviction and $1,000 for each subsequent conviction of
engaging a prostitute person for prostitution as described in Title 17‑A, section 853‑B and
an assessment of $500 on any person for the first conviction and $1,000 for each subsequent
conviction of patronizing prostitution commercial sexual exploitation of a minor or
patronizing prostitution commercial sexual exploitation of a mentally disabled person with
a mental disability as described in Title 17‑A, section 855. Notwithstanding any other law,
the court may not waive the imposition of the assessment required by this section. For
purposes of collection and collection procedures, this assessment is considered part of the
fine. At the time of commitment, the court shall inform the Department of Corrections or
the county sheriff of any unpaid balances on assessments owed by the offender to the
Victims' Compensation Fund. All funds collected as a result of these assessments accrue
to the Victims' Compensation Fund.
Sec. 2. 17-A MRSA §151, sub-§10 is enacted to read:
10.
is a violation of section 853-B and the actor's participation was engaging or agreeing to
personally engage in a sexual act or sexual contact for pecuniary benefit.
Sec. 3. 17-A MRSA §259-B, as enacted by PL 2017, c. 135, §1, is amended to read:
§259-B. Solicitation of a child to engage in prostitution for commercial sexual
exploitation
APPROVED
JUNE 26, 2023
BY GOVERNOR
CHAPTER
316
PUBLIC LAW Page 2 - 131LR1634(03)
1. for commercial
sexual exploitation if the actor knowingly solicits directly or indirectly by any means a
person the actor knows or believes is under 18 years of age to engage in an act of
prostitution, as defined in section 851.
2. Violation of this section is a Class D C crime.
Sec. 4. 17-A MRSA §851, sub-§1, as amended by PL 1995, c. 638, §1, is further
amended to read:
1.
in a sexual act or sexual contact, as those terms are defined in section 251, in return for a
pecuniary benefit to be received by the person engaging in prostitution being prostituted or
a 3rd person;
Sec. 5. 17-A MRSA §851, sub-§1-A, as amended by PL 1995, c. 638, §2, is further
amended to read:
1-A. person for prostitution" means providing, offering to
provide or agreeing to provide, either to the person whose prostitution who is sought for an
act of prostitution or to a 3rd person, pecuniary benefit in return for a sexual act or sexual
contact as those terms are defined in section 251;
Sec. 6. 17-A MRSA §853, sub-§1, ¶B, as amended by PL 2015, c. 360, §1, is
further amended to read:
B. The person violates paragraph A and has 2 or more prior convictions in this State
for any combination of the Maine offenses listed in this paragraph or for engaging in
substantially similar conduct to that of the Maine offenses listed in this paragraph in
another jurisdiction. The Maine offenses are any violation of this section or section
852, 853‑A, 853‑B or 855 or attempts to commit any of these crimes. Section 9‑A
governs the use of prior convictions when determining a sentence. Violation of this
paragraph is a Class C crime.
Sec. 7. 17-A MRSA §853, sub-§4 is enacted to read:
4.
trafficking consisted of the person publicly soliciting a patron to engage in prostitution only
with the person.
Sec. 8. 17-A MRSA §853-A, as amended by PL 2021, c. 315, §§1 and 2, is repealed.
Sec. 9. 17-A MRSA §853-B, as amended by PL 2013, c. 407, §4, is further amended
to read:
§853-B. Engaging a prostitute person for prostitution
1. A person is guilty of engaging a prostitute person for prostitution if:
A. The person engages a prostitute person for prostitution within the meaning of
section 851, subsection 1‑A. Violation of this paragraph is a Class E crime; or
B. The person violates paragraph A and, at the time of the offense, the person has one
or more prior convictions under this section or for engaging in substantially similar
conduct to that contained in this section in another jurisdiction. Section 9‑A governs
the use of prior convictions when determining a sentence, except that, for the purposes Page 3 - 131LR1634(03)
of this paragraph, the date of the prior conviction may not precede the commission of
the offense by more than 2 years. Violation of this paragraph is a Class D crime.
Sec. 10. 17-A MRSA §855, as amended by PL 2021, c. 447, §§2 and 3, is further
amended to read:
§855. Patronizing prostitution Commercial sexual exploitation of minor or person
with mental disability
1. commercial sexual exploitation of a
minor if:
A. The person, in return for another's an act of prostitution, gives, offers to give or
agrees to give a pecuniary benefit either to the person whose prostitution is sought
being prostituted or to a 3rd person and the person whose prostitution is sought being
prostituted has not in fact attained 18 years of age or the person knows or believes that
the person whose prostitution is sought being prostituted has not attained 18 years of
age. Violation of this paragraph is a Class C crime; or
3. commercial sexual exploitation of a
mentally disabled person with a mental disability if:
A. The person, in return for another's an act of prostitution, gives, offers to give or
agrees to give a pecuniary benefit either to the person whose prostitution is sought
being prostituted or to a 3rd person and the person whose prostitution is sought being
prostituted suffers from a mental disability that is reasonably apparent or known to the
actor and that in fact renders the other person with a mental disability substantially
incapable of appraising the nature of the conduct or conduct involved. Violation of
this paragraph is a Class C crime.
Sec. 11. 17-A MRSA §1111-B, sub-§1, ¶A, as enacted by PL 2021, c. 724, §1, is
amended by amending subparagraph (16) to read:
(16) Patronizing prostitution Commercial sexual exploitation of a minor or person
with a mental disability as described in section 855;
Sec. 12. 17-A MRSA §1604, sub-§5, ¶B,
§2, is amended to read:
B. If the State pleads and proves that, at the time any crime, excluding murder, under
chapter 9, 11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1,
paragraph A; or section 752‑A or 752‑C was committed, or an attempt of any such
crime was committed, the individual had 2 or more prior convictions under chapter 9,
11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1, paragraph
A; or section 752‑A or 752‑C, or for an attempt of any such crime, or for engaging in
substantially similar conduct in another jurisdiction, the sentencing class for the crime
is one class higher than it would otherwise be.
(1) In the case of a Class A crime, the sentencing class is not elevated, but the prior
record must be assigned special weight by the court when imposing a sentence.
(2) Section 9‑A governs the use of prior convictions when determining a sentence,
except that, for the purposes of this paragraph, for violations under chapter 11, the
dates of prior convictions may have occurred at any time. Page 4 - 131LR1634(03)
This paragraph does not apply to section 210‑A if the prior convictions have already
served to elevate the sentencing class under section 210‑A, subsection 1, paragraph C
or E or any other offense in which prior convictions have already served to elevate the
sentencing class.
Sec. 13. 17-A MRSA §1902, sub-§6, as corrected by RR 2019, c. 2, Pt. A, §21, is
repealed.
Sec. 14. 18-C MRSA §9-401, sub-§4, ¶F, as amended by PL 2019, c. 417, Pt. A,
§106, is further amended to read:
F. Has in that child's family background factors such as severe mental illness,
substance use disorder, prostitution, commercial sexual exploitation, genetic or
medical conditions or illnesses that place the child at risk for future problems.