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An Act To Prevent Law Enforcement Officers from Using Their Authority To Extract Sexual Favors
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.;
Sec. 2.  17-A MRSA §255-A, sub-§1, ¶¶ Y and Z  are enacted to read:
 
Y.  The actor is a law enforcement officer and the other person, not the actor's spouse, is under arrest, in custody, being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime, by the actor. Violation of this paragraph is a Class D crime; or
 
Z.  The actor is a law enforcement officer and the other person, not the actor's spouse, is under arrest, in custody, being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime, by the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime.
 
SUMMARY
This bill makes sexual contact between a law enforcement officer and a person who is not the law enforcement officer's spouse while the person is under arrest, in custody, being interrogated or temporarily detained, including during a traffic stop or questioning pursuant to an investigation of a crime, by the law enforcement officer a Class D crime. If the sexual contact involves penetration, the sexual contact is a Class C crime.