APPROVED CHAPTER
JUNE 23, 2021 360
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 549 - L.D. 1715
An Act To Amend the Laws Prohibiting Teachers, Employees and Other
Officials from Engaging in Sexual Activity with Students
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §253, sub-§2, ¶F, as amended by PL 2015, c. 509, §1, is
further amended to read:
F. The other person, not the actor's spouse, is a student enrolled in a private or public
elementary, secondary or special education school, facility or institution and the actor
is a teacher, employee or other official having instructional, supervisory or disciplinary
authority over the student or the actor was a substitute teacher who had instructional,
supervisory or disciplinary authority over the student at any time during the 12 months
prior to the sexual act. Violation of this paragraph is a Class C crime;
Sec. 2. 17-A MRSA §253, sub-§2, ¶G, as amended by PL 2013, c. 179, §2, is
further amended to read:
G. The other person, not the actor's spouse, has not attained the age of 18 years and is
a resident in or attending a children's home, child care facility, facility operated by a
family child care provider, children's residential care facility, drug treatment center,
youth camp licensed under Title 22, section 2495 or similar school, facility or
institution regularly providing care or services for children, and the actor is a teacher,
employee or other person having instructional, supervisory or disciplinary authority
over the other person or the actor was a substitute teacher who had instructional,
supervisory or disciplinary authority over the student at any time during the 12 months
prior to the sexual act. Violation of this paragraph is a Class C crime;
Sec. 3. 17-A MRSA §255-A, sub-§1, ¶K, as amended by PL 2015, c. 509, §2, is
further amended to read:
K. The other person, not the actor's spouse, is a student enrolled in a private or public
elementary, secondary or special education school, facility or institution and the actor
is a teacher, employee or other official having instructional, supervisory or disciplinary
authority over the student or the actor was a substitute teacher who had instructional,
Page 1 - 130LR2007(03)
 supervisory or disciplinary authority over the student at any time during the 12 months
prior to the sexual contact. Violation of this paragraph is a Class D crime;
Sec. 4. 17-A MRSA §255-A, sub-§1, ¶L, as amended by PL 2015, c. 509, §2, is
further amended to read:
L. The other person, not the actor's spouse, is a student enrolled in a private or public
elementary, secondary or special education school, facility or institution and the actor
is a teacher, employee or other official having instructional, supervisory or disciplinary
authority over the student and the sexual contact includes penetration or the actor was
a substitute teacher who had instructional, supervisory or disciplinary authority over
the student at any time during the 12 months prior to the sexual contact and the sexual
contact included penetration. Violation of this paragraph is a Class C crime;
Sec. 5. 17-A MRSA §260, sub-§1, ¶F, as amended by PL 2015, c. 509, §3, is
further amended to read:
F. The other person, not the actor's spouse, is a student enrolled in a private or public
elementary, secondary or special education school, facility or institution and the actor
is a teacher, employee or other official having instructional, supervisory or disciplinary
authority over the student or the actor was a substitute teacher who had instructional,
supervisory or disciplinary authority over the student at any time during the 12 months
prior to the sexual touching. Violation of this paragraph is a Class D crime;
Sec. 6. 19-A MRSA §1653, sub-§6-A, ¶A, as amended by PL 2015, c. 509, §4, is
further amended to read:
A. For the purposes of this section, "child-related sexual offense" means the following
sexual offenses if, at the time of the commission of the offense, the victim was under
18 years of age or the victim was a student enrolled in a private or public elementary,
secondary or special education school, facility or institution and the person was a
teacher, employee or other official having instructional, supervisory or disciplinary
authority over the student or the person was a substitute teacher who had instructional,
supervisory or disciplinary authority over the student at any time during the 12 months
prior to the time of the commission of the offense:
(1) Sexual exploitation of a minor, under Title 17‑A, section 282;
(2) Gross sexual assault, under Title 17‑A, section 253;
(3) Sexual abuse of a minor, under Title 17‑A, section 254;
(4) Unlawful sexual contact, under Title 17-A, section 255-A or former section
255;
(5) Visual sexual aggression against a child, under Title 17‑A, section 256;
(6) Sexual misconduct with a child under 14 years of age, under Title 17‑A, section
258;
(6-A) Solicitation of a child to commit a prohibited act, under Title 17‑A, section
259‑A; or
(7) An offense in another jurisdiction that involves conduct that is substantially
similar to that contained in subparagraph (1), (2), (3), (4), (5), (6) or (6-A). For
purposes of this subparagraph, "another jurisdiction" means the Federal
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Government, the United States military, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, American Samoa and each of the
several states except Maine. "Another jurisdiction" also means the
Passamaquoddy Tribe when that tribe has acted pursuant to Title 30, section
6209-A, subsection 1, paragraph A or B and the Penobscot Nation when that tribe
has acted pursuant to Title 30, section 6209-B, subsection 1, paragraph A or B.
Page 3 - 130LR2007(03)


Statutes affected:
Bill Text LD 1715, SP 549: 17-A.253, 17-A.255, 17-A.260, 19-A.1653
Bill Text ACTPUB , Chapter 360: 17-A.253, 17-A.255, 17-A.260, 19-A.1653