An Act To Prohibit the Unauthorized Dissemination of Certain Private Images
Maine Legislature, Session 127, LD 0679
Committee Amendment CA_A_H430 (House)
Amends: 17-A MRSA §511-A, 19-A MRSA §4005

COMMITTEE AMENDMENT" A" to H.P. 460, L.D. 679, Bill, "An' Act To 
Prohibit the Unauthorized Distribution of Certain Private Images" 
Amend the bill by striking out the title and substituting the following; 
'An Act To Prohibit the Unauthorized Dissemination of Certain Private Images' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §511-A is enacted to read: 
§SII-A. Unauthorized dissemination of certain private images 
1. A person is guilty of unauthorized dissemination of certain private images if the 
person, with the intent to harass, torment or threaten the depicted person or another 
person, knowingly disseminates, displays or publishes a photograph, videotape, film or 
digital recording of another person in a state of nudity or engaged in a sexual act or 
engaged in sexual contact in a manner in which there is no public or newsworthy pumose 
when the person knows or should have Imown that the depicted person: 
A. Is 18 years of age or older; 
B. Is identifiable from the image itself or information displayed in connection with 
the image; and 
C. 
Has not consented to the dissemination, display or pUblication of the private 
image. 
2. This section does not apply to the following: 
A. Lawful and common practices of medical treatment; 
B. Images involving voluntary exposure in a public or commercial setting: or 
C. An interactive computer service, as defined in 47 United States Code, Section 
230(f)(2), or an information service, as defined in 47 United States Code, Section 
153. with regard to content provided by another person. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~ " to H.P. 460, L.D. 679 
3. As used in this section, unless the context otherwise indicates, the following terms 
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'.," 
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have the following meanings. 
A. "Sexual act" has the same meaning as in section 251, subsection 1, paragraph C 
and also includes: 
(1) The transfer or transmission of semen upon any part of the clothed or 
unclothed body of the depicted person; 
(2) Urination within a sexual context; 
(3) Bondage or sadomasochism in any sexual context; 
(4) Simulated sexual acts; and 
(5) Masturbation. 
B. "Sexual contact" has the same meaning as in section 251, subsection 1, paragraph 
D and includes simulated sexual contact. 
C. 
"State of nudity" means the condition of displaying fully unclothed, partially 
unclothed or transparently clothed genitals, pubic area or anus or, if the person is 
female, a partially or fully exposed breast below a point immediately above the top of 
the areola. 
4. Unauthorized dissemination of certain private images is a Class D crime. 
Sec. 2. 19-A MRSA §4005, sub-§l, as amended by PL 2011, c. 201, § 1, IS 
ftuther amended to read: 
1. Filing. An adult who has been abused by a family or household member or a 
dating partner may seek relief by filing a complaint alleging that abuse. 
When a minor child in the care or custody of a family or household member or a dating 
partner has been abused by a family or household member or a dating partner, a person 
responsible for the child, as defined in Title 22, section 4002, subsection 9, or a 
representative of the department may seek relief by filing a petition alleging that abuse. 
An adult who has been a victim of conduct defined as stalking in Title 17 -A, section 
210-A or described as sexual assault in Title 17-A, chapter 11 or described as 
unauthorized dissemination of certain private images in Title 17 -A, section 51 I-A, 
whether or not the conduct was perpetrated by a family or household member or dating 
partner, may seek relief by filing a complaint alleging that conduct without regard to 
whether criminal prosecution has occurred. When a minor has been a victim of such 
conduct, the minor's parent, other person responsible for the child or a representative of 
the department may seek relief by filing a petition alleging that conduct. 
When an adult who is 60 years of age or older or a dependent adult, as defined in Title 
22, section 3472, subsection 6, or an incapacitated adult, as defined in Title 22, section 
3472, subsection 10, has been the victim of abuse as defined in section 4002, subsection 1 
or Title 22, section 3472, subsection 1 by an extended family member or an unpaid care 
provider, the adult victim, the adult victim's legal guardian or a representative of the 
department may' seek relief by filing a complaint alleging the abusive conduct. For the 
purposes of this subsection, "extended family member" includes, but is not limited to: a 
COMMITTEE AMENDMENT 
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~OMMTTTEE AMENDMENT" ft" to H.P. 460, L.O. 679 
person who is related to the victim by blood, maITiage or adoption, whether or not the 
person resides or has ever resided with the victim. "Unpaid care provider" includes, but 
is not limited to, a caretaker who voluntarily provides full, intermittent or occasional 
personal care to the adult victim in the victim's home similar to the way a family member 
would provide personal care.' 
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SUMMARY 
This amendment provides a new title and replaces the bill. 
Like the bi\1, the 
amendment prohibits unauthorized distribution of certain private images, but changes the 
term "distribution" to "dissemination," adds as elements of the crime the dissemination's 
being done with the intent to harass, torment or threaten the depicted person or another 
person, knowingly instead of intentionally and in a manner in which there is no public or 
newswOlihy purpose and adds masturbation to the definition of "sexual act." 
The 
amendment amends the law on protection from abuse procedure to allow a complaint to 
be filed by a victim of unauthorized dissemination of certain private images without 
regard to whether a criminal prosecution has occulTed. The amendment removes from 
the exceptions proposed in the bill the lawful and common practices of law enforcement, 
reporting unlawful activity and dissemination when permitted or required by law or rule 
in legal proceedings. 
FISCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 06/13/15 
;::Wac. 
LD 679 
LR326(02) 
An Act To Prohibit the Unauthorized Distribution of Certain Private Images 
Fiscal Note for Bill as Amended by Committee Amendment ;Jr{ H -- L( 3 iJ ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
CUlTent biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes, increases county cOlTectional costs and judicial costs. 
The co1lection of additional fines may also increase General Fund revenue by minor amounts. 
The additional General Fund cost to the Maine Commission on Indigent Legal Services is estimated to be $7,900 
annually. 
LR0326(02) - Fiscal Note - Page 1 of 1