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Bill toughens law on visual sexual aggression against children in Maine


By Dave Choate
dchoate@seacoastonline.com
April 06, 2008 6:00 AM

Those who peer at children in public could find themselves on the wrong side of the law in Maine soon.

A bill that passed the House last month aims to strengthen the crime of visual sexual aggression against children, according to state Rep. Dawn Hill, D-York.

Her involvement started when Ogunquit Police Lt. David Alexander was called to a local beach to deal with a man who appeared to be observing children entering the community bathrooms. Because the state statute prevents arrests for visual sexual aggression of a child in a public place, Alexander said he and his fellow officer could only ask the man to move along.

"There was no violation of law that we could enforce. There was nothing we could charge him with," Alexander said.

He attended a talk with Hill a week later and brought the case to her attention. Hill pledged to do what she could, Alexander said, and the result was a change through the Criminal Justice and Public Safety Committee in the House, which made the law applicable in both private and public places.

Alexander said he's grateful Hill was willing to take up the cause, and is hopeful the measure will clear the Senate.

"I'll be pleased that we were able to identify this flaw and take steps to rectify it," he said.

Under the bill, if someone is arrested for viewing children in a public place, it would be a Class D felony if the child is between 12 to 14 years old and a Class C felony if the child is under 12, according to Alexander.

Hill said she believes the move was necessary to correct what she called a "loophole" in the state's criminal law statutes.

"I told Lt. Alexander that I would be happy to work with him and sponsor a bill that would correct this in the 2008 session," Hill said. "And so we did."

In arguing for the bill, Alexander said she cited public rest rooms as places where the people using them should have a reasonable expectation of privacy. She said the committee determined that there would not be any major side effects from expanding the statute to include public places.

The bill recently cleared a fiscal review, done because of the state's major prison budget crunch, and Hill said it should be heading to the Senate before long.

York Police Chief Doug Bracy said the statute would represent a fairly minor change that would help keep the public safer, especially children. He noted that York police respond fairly regularly to reports of public peepers on the town's beaches.

With ever-growing concern over sexual predators, Bracy said the arrests will also allow police to check backgrounds and determine if there is a criminal history involved.

"There is a growing outcry by the public to protect our children," Bracy said, noting that tourists from all over the country visit York.

Rochey wrote:Agreed.

How do you even prove what he's looking at? What if he was just sitting on a park bench, daydreaming, and didn't realise he'd been staring at a playground for the last while? And how do you differentiate "looking at the kid because I like kids" from "looking at the kids because I'm thinking perverted things about them"? It's just plain stupid.

Wow, I haven't seen a law with such potential for abuse. Other than the PATRIOT Act.