Maine State Auditor Matt Dunlap, the Democratic nominee for the state’s 2nd Congressional District, cast a series of votes during his tenure in the State House against proposals involving lifetime probation for certain repeat sexual offenders, computer solicitation of children for unlawful sexual conduct, and criminal penalties for intentionally causing the death of an unborn child by attacking a pregnant woman.
Dunlap is running in Maine’s 2nd Congressional District, a Trump district currently represented by retiring Rep. Jared Golden (D-ME).
In May 2001, Dunlap voted in favor of the Criminal Justice Committee’s majority “Ought Not to Pass” report on L.D. 476, “An Act to Require Lifetime Probation for Dangerous Sexual Offenders.” The May 21 roll call, No. 221, resulted in the report being accepted 70-62, with 19 members absent, and sent for concurrence.
Three days later, Dunlap also voted “Nay” on a motion to recede and concur. That motion failed 66-79, with six members absent, after which the House voted to adhere.
L.D. 476 proposed requiring lifetime probation for a person sentenced as a dangerous sexual offender. Committee Amendment “A,” the Criminal Justice Committee’s minority report, would have required lifetime probation for a person who had been sentenced as a dangerous sexual offender two prior times. It also would have required court-ordered sex-offender treatment as a condition of probation and added a fiscal note. The amendment was not adopted.
During debate, Rep. John O’Brien of Augusta described who would be covered by the proposal.
“This is requiring lifetime probation for dangerous sexual offenders,” O’Brien said. “The definition of dangerous sexual offenders is a person who has been twice convicted of either rape or attempted murder with sexual assault.”
O’Brien said the definition covered offenses involving either a child or an adult.
“As we talked about previously, a few nights ago, it is very rare that someone is twice convicted of such a heinous crime,” he said, estimating that the measure would apply to “probably only 10 to 15 individuals.”
“If they are then convicted twice, this is requiring that after they have served their sentence, they will be watched,” O’Brien continued, adding that he believed dangerous sexual offenders should be watched and monitored “very, very closely.”
Several years earlier, on May 22, 1997, Dunlap voted “Yea” on Roll Call No. 257 to accept the Criminal Justice Committee’s majority “Ought Not to Pass” report on L.D. 1096, “An Act to Make It a Crime to Solicit a Child by Means of Computer to Commit an Unlawful Sex Act.” The report was accepted 92-51, with eight members absent, and sent for concurrence.
L.D. 1096 proposed establishing the crime of solicitation of a child by computer. A person would have been guilty if he or she was at least 16 years old and knowingly, with the intent to commit an unlawful sex act, enticed, advised, coerced, ordered, or commanded by computer a child younger than 16 and at least three years younger than the defendant to meet with the defendant or another person for the purpose of committing an unlawful sex act.
The bill summary stated that solicitation of a child by computer would have been classified at the same level as the crime being solicited.
A minority committee amendment proposed a different version of the offense, making it a crime for someone at least 18 years old to knowingly entice, advise, coerce, order, or command a child younger than 14 to allow the person to engage in conduct with the child that would constitute a sexual offense.
Under that amendment, the solicitation offense would have been classified one class below the underlying sexual offense. The amendment also would have added a fiscal note, but the House ultimately accepted the majority “Ought Not to Pass” recommendation.
Dunlap cast another such vote on May 1, 2001, voting “Yea” on Roll Call No. 81 to accept the Judiciary Committee’s majority “Ought Not to Pass” report on L.D. 1602, “An Act to Prevent Violence Against Pregnant Mothers.” The report was accepted 89-51, with 11 members absent, and sent for concurrence.
L.D. 1602 proposed creating a new crime involving unborn children and pregnant women. Its bill summary stated that voluntary manslaughter of an unborn child would have been a Class A crime consisting of intentionally or knowingly causing the death of an unborn child when the perpetrator knew the woman was pregnant and knew she wished to continue the pregnancy.
The legislation specified that the crimes would not apply to an abortion to which the pregnant woman had consented, actions carried out under usual and customary standards of medical practice during diagnostic or therapeutic treatment, or to the pregnant woman herself.
Rep. Stavros Mendros of Lewiston, the bill’s sponsor, described the legislation during House debate as making it a crime “to beat a pregnant woman and cause her to miscarry.”
Mendros said the proposal had “absolutely nothing to do with abortions” and said the minority report was intended to protect women who were victims of violence, including when an attacker intentionally caused a pregnant woman to miscarry.
The bill’s minority committee amendment would instead have changed Maine’s existing assault laws. It proposed amending aggravated assault law to prohibit intentionally, knowingly, or recklessly causing bodily injury to someone whom the perpetrator knew was pregnant when the perpetrator intended to terminate the pregnancy. The offense would have been a Class B crime, and the bodily injury would not have needed to actually terminate the pregnancy. The provision would not have applied to a consensual abortion.
The amendment also proposed changing elevated aggravated assault law to cover intentionally or knowingly causing serious bodily injury to someone the perpetrator knew was pregnant when the perpetrator intended to terminate the pregnancy. “Serious bodily injury” would specifically have included termination of the pregnancy, with the same exception for consensual abortion.
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