An Act To Increase from a Class D Crime to a Class C Crime Violation of Privacy if the Victim Is under 16 Years of Age
Maine Legislature, Session 122, LD 1718
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §511

Legislative Document 
No. 1718 
H.P. 1225 
House of Representatives, December 20,2005 
An Act To Increase from a Class D Crime to a Class C Crime 
Violation of Privacy if the Victim Is under 16 Years of Age 
Reported by Representative BLANCHETTE of Bangor for the Joint Standing Committee 
on Criminal Justice and Public Safety pursuant to Public Law 2005, chapter 423, section 24. 
Received by the Clerk of the House on December 14,2005. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218. 
Printed on rt'q'dt.'u paper 
'/J'l~ 1J7.11!D£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §511, as amended by PL 1999, c.· 116, §1, is 
further amended to read: 
§5ll. Violation of privacy 
1. 
A person is guilty 
the execution of a public 
person intentionally: 
of violation of privacy if, except in 
duty or as authorized by law, that 
A. 
Commits a civil trespass on property with the intent to 
overhear 
or 
observe 
any 
person 
in 
a 
private 
place .. 
Violation of this paragraph is a Class D crime; 
A-I. 
Violates paragraph A and the other person has not in 
fact attained 16 years of age. 
is a Class C crime: 
Violation of this paragra~ 
B. 
Installs or uses in a private place without 
of the person or persons entitled to privacy in 
any 
device 
for 
observing, 
photographing, 
amplifying or broadcasting sounds or events in 
Violation of this paragraph is a Class D crime; 
the consent 
that place, 
recording, 
that place ... 
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th e r per so n 
h.Q.s_~ 9 _t_ in 
fact attained 16 years of age. 
Violation of this parag£QPh 
is a Class C crime; 
C. 
Installs or uses outside a private place without the 
consent 
of 
the 
person 
or 
persons 
entitled 
to 
privacy 
therein, any device for hearing, recording, amplifying or 
broadcasting sounds originating in that place that would not 
ordinarily be audible or comprehensible outside that placet 
9F. 
Violation of this paragraph is a Class D crime; 
C-1. 
Violates paragraph C and 
fact attained 16 years of age. 
is a Class C crime; 
the other person has not iD 
Violation of this paragraph 
D. 
Engages ln visual surveillance in a public place by 
means of mechanical or electronic equipment with the intent 
to observe or photograph, or record, amplify or broadcast an 
image of any portion of the body of another person present 
in that place when that portion of the body is in fact 
concealed from public view under clothing and a reasonable 
person 
would 
expect 
it to 
be 
safe 
from 
surveillance. 
Violation of this paragraph is a Class D crime; or 
D-l. 
Violates paragraph D and the other person has not in 
fac~tained l6~y~e~a~r~s~o~f~~a~g~e~'~-2V~i~o~1~a~t~i~o~n~yo~f~t~h~i~s~p~a~r~a~g~r~a~p~h 
is a Class C crime. 
I-A. 
paragraph 
attained 
It is a defense to a prosecution under subsection 1, 
D that the person subject to surveillance had in fact 
years of age and had consented to the visual 
surveillance. 
2. 
As used in this section, "private place" means a place 
where one may reasonably expect to be safe from surveillance, 
including, 
but 
not 
limited 
to, 
changing 
or 
dressing 
rooms, 
bathrooms and similar places, but excluding a place to which the 
public or a substantial group has access. 
SUMMARY 
Currently, violation of privacy 
~s a Class D crime. 
This 
bill amends the law to make violation of privacy a Class C crime 
if the victim of the crime has not in fact attained 16 years of 
age at the time of the offense.