Sex Trafficking Provision
17-A § 853: Sex Trafficking
A person is guilty if they knowingly promote* prostitution.
This is a Class D Crime punishable by up to 364 days incarceration and a fine of up to $2,000.
If the person commits this offense and has 2 or more prior convictions for this offense, this is a Class C crime punishable by up to 5 years incarceration and a fine of up to $5,000.
*”Promotion of prostitution” means any of the following:
**”Commercial sex” is not a statutory definition. As used here it is short-hand for the exchange of sexual acts or sexual contacts for anything of value (“a pecuniary benefit”).
17-A § 852: Aggravated Sex Trafficking
Same elements as above (853) with the following additional elements:
This is a Class B Crime (punishable by up to 10 years incarceration and a fine of up to $20,000).
*”Compelling” means any of the following:
17-A § 853-B: Engaging a prostitute
A person is guilty of this crime if they engage a prostitute.
This is a Class E crime punishable by up to 6 months incarceration and a fine of up to $1,000 fine.
If a person commits this offense and has one or more prior convictions for this offense, this is a Class D crime punishable by up to 364 days incarceration and a fine of up to $2,000.
17-A § 855: Patronizing prostitution of a minor
This is a Class D crime punishable by up to 364 days incarceration and a fine of up to $2,000 if the patron did not know that the trafficked person was under 18 years of age.
This is a Class C crime punishable by up to 5 years incarceration and a fine of up to $5,000 if the patron knew the trafficked person was under 18 years of age or if the trafficked person suffered from a reasonably apparent mental disability.
5 MRSA § 3360-I: Increased fines for offenders
Instead of fines ranging from $20 to $35, the fines for conviction of the following crimes shall be as follows:
All funds collected under this section will go toward the Victims' Compensation Fund, which victims of sex trafficking and aggravated sex trafficking are eligible to receive.
A person is guilty if they knowingly promote* prostitution.
This is a Class D Crime punishable by up to 364 days incarceration and a fine of up to $2,000.
If the person commits this offense and has 2 or more prior convictions for this offense, this is a Class C crime punishable by up to 5 years incarceration and a fine of up to $5,000.
*”Promotion of prostitution” means any of the following:
- Causing or aiding another to commit or engage in commercial sex**, other than as a patron;
- Publicly soliciting patrons for commercial sex;
- Providing persons for commercial sex;
- Obtaining, owning, managing or operating a location to be used for commercial sex;
- Transporting a person with the intent that they engage in commercial sex;
- Accepting or agreeing to accept anything of value as the proceeds of commercial sex.
**”Commercial sex” is not a statutory definition. As used here it is short-hand for the exchange of sexual acts or sexual contacts for anything of value (“a pecuniary benefit”).
17-A § 852: Aggravated Sex Trafficking
Same elements as above (853) with the following additional elements:
- The trafficked person is under 18 years of age;
- The trafficked person suffers from a reasonably apparent mental disability;
- The trafficked person is compelled* to participate.
This is a Class B Crime (punishable by up to 10 years incarceration and a fine of up to $20,000).
*”Compelling” means any of the following:
- Using a drug to render them incapable of controlling their conduct;
- Withholding a drug or alcohol from an addicted person;
- Making material false statements;
- Withholding, destroying or confiscating necessary documents;
- Requiring commercial sex to retire an actual or purported debt;
- Using force or threats of physical harm, damage to property, exposure of secrets or other harm to the person’s health, safety, reputation or immigration status.
17-A § 853-B: Engaging a prostitute
A person is guilty of this crime if they engage a prostitute.
This is a Class E crime punishable by up to 6 months incarceration and a fine of up to $1,000 fine.
If a person commits this offense and has one or more prior convictions for this offense, this is a Class D crime punishable by up to 364 days incarceration and a fine of up to $2,000.
17-A § 855: Patronizing prostitution of a minor
This is a Class D crime punishable by up to 364 days incarceration and a fine of up to $2,000 if the patron did not know that the trafficked person was under 18 years of age.
This is a Class C crime punishable by up to 5 years incarceration and a fine of up to $5,000 if the patron knew the trafficked person was under 18 years of age or if the trafficked person suffered from a reasonably apparent mental disability.
5 MRSA § 3360-I: Increased fines for offenders
Instead of fines ranging from $20 to $35, the fines for conviction of the following crimes shall be as follows:
- Aggravated sex trafficking: $1,000
- Sex trafficking: $500
- Patronizing the prostitution of a minor or 'mentally disabled' person: $500 for first offense, $1,000 for subsequent offenses.
All funds collected under this section will go toward the Victims' Compensation Fund, which victims of sex trafficking and aggravated sex trafficking are eligible to receive.