An Act To Amend the Law Relating to the Crime of Visual Sexual Aggression against a Child Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 17·A MRSA §256, as repealed and replaced by PL 2063, c. 711, Pt. B, §4, is amended to read: §256. Visual sexual aggression against child 1. A person is guilty of visual sexual aggression against a child if: A. For the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm, the actor, having in fact attained 18 years of age, exposes the actor's geni tals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 14 years of age. Violation of this paragraph is a Class D crime; SF Page 1-LR2766(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1718
Committee Amendment CA_A_H766 (House)

COMMITTEE AMENDMENT "/+" to H.P. 1225, L.D. 1718, Bill, "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" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Law Relating to the Crime of Visual Sexual 
Aggression against a Child' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 17·A MRSA §256, as repealed and replaced by PL 2063, 
c. 711, Pt. B, §4, is amended to read: 
§256. Visual sexual aggression against child 
1. 
A person is guilty of visual sexual aggression against a 
child if: 
A. 
For the purpose of arousing or gratifying sexual desire 
or for the purpose of causing affront or alarm, the actor, 
having in fact attained 18 years of age, exposes the actor's 
geni tals to another person or causes the other person to 
expose that person's genitals to the actor and the other 
person, not the actor's spouse, has not in fact attained 14 
years of age. 
Violation of this paragraph is a Class D 
crime; SF 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1225, L.D. 1718 
B. 
For the purpose of arousing or gratifying sexual desire, 
the actor, having in fact attained 18 years of age, exposes 
the actor's genitals to another person or causes the other 
person to expose that person's genitals to the actor and the 
other person, 
not 
the actor's spouse, 
has not in fact 
attained 12 years of age. 
Violation of this paragraph is a 
Class C crime ........ 
C. 
For the purpose of arousing or gratifying sexual desire, 
the 
actor, 
having 
in 
fact 
attained 
years 
of 
age, 
intentionally 
engages 
in 
visual 
surveillance, 
aided 
or 
unaided 
by 
mechanical 
or 
electronic 
equipment, 
of 
the 
uncovered breasts. buttocks. genitals. anus or pubic area of 
another person in a private place. not the actor's spouse 
and not having in fact attained 14 years of age. 
under 
circumstances in which a reasonable person would expect to 
be safe from such visual surveillance. 
Violation of this 
paragraph is a Class D crime; or 
D. 
For the purpose of arousing or gratifying sexual desire, 
the 
actor. 
having 
in fact 
attained 
years 
of 
age, 
intentionally 
engages 
in visual 
surveillance, 
aided 
or 
unaided 
by 
mechanical 
or 
electronic 
equipment. 
of 
the 
uncovered breasts. buttocks, genitals. anus or pubic area of 
another person in a private place. not the actor's spouse 
and not having attained 12 years of age. under circumstances 
in which a reasonable person would expect to be safe from 
such visual surveillance. 
Violation of this paragraph is a 
Class C crime. 
As used in this subsection. the term "private place" has the same 
meaning as in section 511.' 
S~ARY 
This amendment replaces the bill and amends the crime of 
visual sexual aggression against a child, instead of amending the 
crime of violation of privacy. 
This amendment creates a 
new 
version of visual sexual aggression against a child that requires 
that. for the purpose of arousing or gratifying sexual desire, a 
person at least 18 years of age intentionally engages in visual 
surveillance, 
aided 
or 
unaided 
by 
mechanical 
or 
electronic 
equipment, of the uncovered breasts, buttocks, genitals, anus or 
pubic area of another person in a private place. 
The crime also 
provides that the victim is not the actor's spouse and has not in 
fact attained 14 years of age, and that the act is carried out 
under circumstances in which a reasonable person would expect to 
be safe from such visual surveillance. 
This new crime is a Class 
COMMITTEE AMENDMENT 
.... ~ <?~, 
c.\J' 
, 
..... 
COMMITTEE AMENDMENT ·A .. to H.P. 1225, L.D. 1718 
D crime, unless committed against a person who has not attained 
years of age, in which case it is a ClassC crime. 
The crime of visual sexual aggression against a child falls 
within chapter 11 of the Maine Criminal Code, which means that a 
person convicted of the Class D version, as well as the Class C 
version 
of 
this 
crime, 
may 
be 
subject 
to 
the 
sentencing 
alternative of probation. 
This amendment also makes the person 
convicted of this prohibited conduct subject to the requirements 
of the Sex Offender Registration and Notification Act of 1999. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/06/06 ~ac 
LD 1718 
LR 2766(02) 
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 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class C and D crime; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2766(2) - Fiscal Note - Page 1 of 1