An Act To Strengthen the Crime of Visual Sexual Aggression against a Child
Maine Legislature, Session 123, LD 2079
Committee Amendment CA_A_H690 (House)
Amends: 17-A MRSA §256

COMMITTEE AMENDMENT " A " to H.P. 1465, L.D. 2079, Bill, "An Act To 
Strengthen the Crime of Visual Sexual Aggression against a Child" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §256, sub-§l, as amended by PL 2005, c. 655, § 1, is further 
amended to read: 
1. 
A person is guilty of visual sexual aggression against a child if: 
" JJ 
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 genitals to another person or causes the other person to expose that 
person's gen itals 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; 
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 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, not the actor's spouse 
and not having in fact attained 14 years of age, under circumstances in wh ich 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 18 years of age, intentionally engages in visual surveillance, aided or 
unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, 
COMMITTEE AMENDMENT 
\ ". 
II 
IS 
COMMITTEE AMENDMENT" A 
"to H.P. 1465, L.D. 2079 
genitals, anus or pubic area of another person in a private place, not the actor's spouse 
and not having in fact 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 
g+, 
Sec. 2. 17-A MRSA §Sl1, sub-§2, as amended by PL 1999, c. 116, § I, is further 
amended to read: 
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 
This amendment replaces the bill. The amendment removes the requirement that 
visual surveillance, aided or unaided by mechanical or electronic equipment, of the 
uncovered breasts, buttocks, genitals, anus or pubic area of another person occur in a 
private place to be a crime. Instead, the amendment specifies that a person who, for the 
purpose of arousing or gratifying sexual desire, 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 is guilty of visual sexual 
aggression regardless of where the surveillance occurs. Surveillance may occur either in 
a public or private place. 
The amendment also clarifies the definition of "private place" in the Maine Revised 
Statutes, Title 17 -A, section 51 I. 
FISCAL \OT[ REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02112/08 
;t?ac;.. 
LD 2079 
LR 2848(02) 
An Act To Strengthen the Crime of Visual Sexual Aggression against a Child 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Minimal increase in Class C and 0 case-load. As it is estimated that this change will be relevant to a case 
approximately once every 17 years, no appropriation is included at this time. 
LR2848(02) - Fiscal Note - Page 1 of 1