APPROVED CHAPTER
JULY 27, 2023 465
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 579 - L.D. 1461
An Act to Prevent Dating Partner Abuse by Including Dating Partners in the
Scope of Domestic Violence Crimes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B, §§15
and 16 and affected by §65, is further amended by amending subparagraph (5-A) to read:
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief,
obstructing the report of a crime or injury or reckless conduct if the officer
reasonably believes that the person and the victim are family or household
members, as defined in Title 19‑A, section 4102, subsection 6 or dating partners as
defined in Title 19-A, section 4102, subsection 4;
Sec. 2. 17-A MRSA §207-A, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B,
§17 and affected by §65, is further amended to read:
A. The person violates section 207 and the victim is a family or household member as
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title
19-A, section 4102, subsection 4. Violation of this paragraph is a Class D crime; or
Sec. 3. 17-A MRSA §207-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§18 and affected by §65, is further amended to read:
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating
section 208‑D, 208‑E, 208‑F, 209‑A, 210‑B, 210‑C or 211‑A or one or more prior
convictions for engaging in conduct substantially similar to that contained in
paragraph A or in section 208‑D, 208‑E, 208‑F, 209‑A, 210‑B, 210‑C or 211‑A in
another jurisdiction;
(2) Has one or more prior convictions for violating Title 19‑A, former section
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior
convictions for engaging in conduct substantially similar to that contained in Title
19‑A, section 4113, subsection 1 in another jurisdiction;
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 (3) Has one or more prior convictions for violating Title 15, section 1092,
subsection 1, paragraph B when the condition of release violated is specified in
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when
the alleged victim in the case for which the defendant was on bail was a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208‑B or 208‑C,
and the State had pled and proved that the victim of the applicable prior conviction
was a family or household member, as defined in Title 19‑A, section 4102,
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection
4, or has one or more prior convictions in another jurisdiction for engaging in
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and
it had been pled and proved that the victim was a family or household member or
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 4. 17-A MRSA §208-D, sub-§1, as amended by PL 2021, c. 647, Pt. B, §19
and affected by §65, is further amended to read:
1. A person is guilty of domestic violence aggravated assault if that person:
A. Violates section 208, subsection 1, paragraph A and the victim is a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph
is a Class B crime;
B. Violates section 208, subsection 1, paragraph A‑1 and the victim is a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph
is a Class A crime;
C. Violates section 208, subsection 1, paragraph B and the victim is a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph
is a Class B crime; or
D. Violates section 208, subsection 1, paragraph C and the victim is a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4. Violation of this paragraph
is a Class B crime.
Sec. 5. 17-A MRSA §208-E, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§20 and affected by §65, is further amended to read:
B. The victim is a family or household member as defined in Title 19‑A, section 4102,
subsection 6 or a dating partner as defined in Title 19-A, section 4102, subsection 4.
Sec. 6. 17-A MRSA §208-F, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§21 and affected by §65, is further amended to read:
B. The victim is a family or household member as defined in Title 19‑A, section 4102,
subsection 6 or a dating partner as defined in Title 19-A, section 4102, subsection 4.
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 Sec. 7. 17-A MRSA §209-A, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B,
§22 and affected by §65, is further amended to read:
A. The person violates section 209 and the victim is a family or household member as
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title
19-A, section 4102, subsection 4. Violation of this paragraph is a Class D crime; or
Sec. 8. 17-A MRSA §209-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§23 and affected by §65, is further amended to read:
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating
section 207‑A, 208‑D, 208‑E, 208‑F, 210‑B, 210‑C or 211‑A or one or more prior
convictions for engaging in conduct substantially similar to that contained in
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 210‑B, 210‑C or 211‑A in
another jurisdiction;
(2) Has one or more prior convictions for violating Title 19‑A, former section
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior
convictions for engaging in conduct substantially similar to that contained in Title
19‑A, section 4113, subsection 1 in another jurisdiction;
(3) Has one or more prior convictions for violating Title 15, section 1092,
subsection 1, paragraph B when the condition of release violated is specified in
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when
the alleged victim in the case for which the defendant was on bail was a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208‑B or 208‑C,
and the State had pled and proved that the victim of the applicable prior conviction
was a family or household member, as defined in Title 19‑A, section 4102,
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection
4, or has one or more prior convictions in another jurisdiction for engaging in
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and
it had been pled and proved that the victim was a family or household member or
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 9. 17-A MRSA §210-B, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B,
§25 and affected by §65, is further amended to read:
A. The person violates section 210 and the victim is a family or household member as
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title
19-A, section 4102, subsection 4. Violation of this paragraph is a Class D crime; or
Sec. 10. 17-A MRSA §210-B, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§26 and affected by §65, is further amended to read:
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating
section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑C or 211‑A or one or more prior
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 convictions for engaging in conduct substantially similar to that contained in
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑C or 211‑A in
another jurisdiction;
(2) Has one or more prior convictions for violating Title 19‑A, former section
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior
convictions for engaging in conduct substantially similar to that contained in Title
19‑A, section 4113, subsection 1 in another jurisdiction;
(3) Has one or more prior convictions for violating Title 15, section 1092,
subsection 1, paragraph B when the condition of release violated is specified in
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when
the alleged victim in the case for which the defendant was on bail was a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208‑B or 208‑C,
and the State had pled and proved that the victim of the applicable prior conviction
was a family or household member, as defined in Title 19‑A, section 4102,
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection
4, or has one or more prior convictions in another jurisdiction for engaging in
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and
it had been pled and proved that the victim was a family or household member or
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 11. 17-A MRSA §210-C, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B,
§27 and affected by §65, is further amended to read:
A. The person violates section 210‑A and the victim is a family or household member
as defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in
Title 19-A, section 4102, subsection 4. Violation of this paragraph is a Class D crime;
or
Sec. 12. 17-A MRSA §210-C, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§28 and affected by §65, is further amended to read:
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating
section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 211‑A or one or more prior
convictions for engaging in conduct substantially similar to that contained in
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 211‑A in
another jurisdiction;
(2) Has one or more prior convictions for violating Title 19‑A, former section
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior
convictions for engaging in conduct substantially similar to that contained in Title
19‑A, section 4113, subsection 1 in another jurisdiction;
(3) Has one or more prior convictions for violating Title 15, section 1092,
subsection 1, paragraph B when the condition of release violated is specified in
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when
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 the alleged victim in the case for which the defendant was on bail was a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208‑B or 208‑C,
and the State had pled and proved that the victim of the applicable prior conviction
was a family or household member, as defined in Title 19‑A, section 4102,
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection
4, or has one or more prior convictions in another jurisdiction for engaging in
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and
it had been pled and proved that the victim was a family or household member or
a dating partner.
Violation of this paragraph is a Class C crime.
Sec. 13. 17-A MRSA §211-A, sub-§1, ¶A, as amended by PL 2021, c. 647, Pt. B,
§29 and affected by §65, is further amended to read:
A. The person violates section 211 and the victim is a family or household member as
defined in Title 19‑A, section 4102, subsection 6 or a dating partner as defined in Title
19-A, section 4102, subsection 4. Violation of this paragraph is a Class D crime; or
Sec. 14. 17-A MRSA §211-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B,
§30 and affected by §65, is further amended to read:
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating
section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 210‑C or one or more prior
convictions for engaging in conduct substantially similar to that contained in
paragraph A or in section 207‑A, 208‑D, 208‑E, 208‑F, 209‑A, 210‑B or 210‑C in
another jurisdiction;
(2) Has one or more prior convictions for violating Title 19‑A, former section
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior
convictions for engaging in conduct substantially similar to that contained in Title
19‑A, section 4113, subsection 1 in another jurisdiction;
(3) Has one or more prior convictions for violating Title 15, section 1092,
subsection 1, paragraph B when the condition of release violated is specified in
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when
the alleged victim in the case for which the defendant was on bail was a family or
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating
partner as defined in Title 19-A, section 4102, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208‑B or 208‑C,
and the State had pled and proved that the victim of the applicable prior conviction
was a family or household member, as defined in Title 19‑A, section 4102,
subsection 6, or a dating partner, as defined in Title 19-A, section 4102, subsection
4, or has one or more prior convictions in another jurisdiction for engaging in
conduct substantially similar to that contained in section 208, 208‑B or 208‑C and
it had been pled and proved that the victim was a family or household member or
a dating partner.
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 Violation of this paragraph is a Class C crime.
Sec. 15. 17-A MRSA §1603, sub-§2, ¶C, as amended by PL 2021, c. 647, Pt. B,
§34 and affected by §65, is further amended to read:
C. That the victim is a family or household member as defined in Title 19‑A, section
4102, subsection 6, paragraphs A to E or a dating partner as defined in Title 19-A,
section 4102, subsection 4 who is a victim of domestic violence committed by the
convicted individual.
Sec. 16. 17-A MRSA §1804, sub-§3, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
3. Exception to limits when victim is family or household member. If the State
pleads and proves that the person was convicted of committing against a family or
household member or a dating partner a crime under chapter 9 or 13 or section 554 or if
the person was convicted under chapter 11 or 12 or section 556, the period of probation
may not exceed:
A. For a Class A crime, 6 years; and
B. For a Class B or Class C crime, 4 years.
Sec. 17. 17-A MRSA §1804, sub-§6, as amended by PL 2021, c. 647, Pt. B, §39
and affected by §65, is further amended to read:
6. Exception to limits when person ordered to complete domestic violence
intervention program and pay restitution. If the State pleads and proves that the
enumerated Class D or Class E crime was committed by the person against a family or
household member or a dating partner and the court orders the person to complete a
certified domestic violence intervention program as defined in Title 19‑A, section 4116,
the person may be placed on probation for a period not to exceed 2 years, except that, on
motion by the person's probation officer, the person or the court, the term of probation must
be terminated by the court when the court determines that the person has:
A. Served at least one year of probation;
B. Completed the certified domestic violence intervention program;
C. Paid in full any victim restitution ordered; and
D. From the time the period of probation commenced until the motion for termination
is heard, met all other conditions of probation.
As used in this subsection, "enumerated Class D or Class E crime" means any Class D
crime in chapter 9, any Class D or Class E crime in chapter 1