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An Act To Protect Individuals from Breaches of Trust by Clergy Members
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §255-A, sub-§1, ¶¶W and X, as enacted by PL 2011, c. 423, §6, are amended to read:
 
W. 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 D crime; or
 
X. 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 and the sexual contact includes penetration. 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 §255-A, sub-§1, ¶Y  is enacted to read:
 
Y.  The actor is a member of the clergy, including a priest, rabbi, Christian Science healer, imam or minister of any religious denomination, who within the past year has provided, in private counseling, religious or spiritual advice, aid or comfort to the other person, who is not the actor's spouse or domestic partner. A religious institution that is the employer or superior of a member of the clergy who violates this paragraph is not civilly liable to the other person unless institutional negligence has been established. For the purposes of this paragraph, "domestic partner" means one of 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 D crime.
 
SUMMARY
This bill makes unlawful any sexual contact by a clergy member with an individual to whom the clergy member within the past year has provided, in private counseling, religious or spiritual advice, aid or comfort.