An Act To Amend the Laws on Protection from Abuse and Unauthorized Dissemination of Certain Private Images
Maine Legislature, Session 127, LD 1487
Committee: Criminal Justice and Public Safety
Sponsors: FOWLE, DIAMOND, FREDETTE, LAJOIE, MAKER, PIERCE, SAUCIER, VACHON, ROSEN
Amends: 17-A MRSA §511-A, 19-A MRSA §4002, 19-A MRSA §4007, 19-A MRSA §4008-A

Legislative Document 
No. 1487 
H.P. 1010 
House of Representatives, December 23, 2015 
An Act To Amend the Laws on Protection from Abuse and 
Unauthorized Dissemination of Certain Private Images 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2015.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative FOWLE of Vassalboro. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: FREDETTE of Newport, LAJOIE of Lewiston, MAKER of Calais, 
McCLELLAN of Raymond, PIERCE of Falmouth, SAUCIER of Presque Isle, VACHON of 
Scarborough, Senator: ROSEN of Hancock. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2015, chapter 339 enacted laws regarding the new crime of 
unauthorized dissemination of certain private images, to address activity known 
informally as revenge pornography, effective October 15, 2015; and 
Whereas, Public Law 2015, chapter 339 included coordination with some but not all 
related sections of the laws on protection from abuse; and 
Whereas, Public Law 2015, chapter 339 did not include provisions to seal in court 
records unauthorized private images and written information describing and directly 
pertaining to the images; and 
Whereas, full coordination with the related sections of the protection from abuse 
laws and enactment of provisions to seal certain images and information in court records 
are immediately necessary for the effective implementation of Public Law 2015, chapter 
339; 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §511-A, sub-§5 is enacted to read: 
5.   Unauthorized private images that are prohibited under this section and any written 
information describing and directly pertaining to the images contained in court records 
must be sealed by the clerk and not disclosed to the public or the media unless the court 
orders the disclosure to be made after a hearing in which the court determines that 
disclosure is in the interest of justice. 
Sec. 2.  19-A MRSA §4002, sub-§1, ¶¶E and F, as enacted by PL 1995, c. 694, 
Pt. B, §2 and affected by Pt. E, §2, are amended to read: 
E.  Communicating to a person a threat to commit, or to cause to be committed, a 
crime of violence dangerous to human life against the person to whom the 
communication is made or another, and the natural and probable consequence of the 
threat, whether or not that consequence in fact occurs, is to place the person to whom 
the threat is communicated, or the person against whom the threat is made, in 
reasonable fear that the crime will be committed; or 
F.  Repeatedly and without reasonable cause: 
(1)  Following the plaintiff; or 
(2)  Being at or in the vicinity of the plaintiff's home, school, business or place of 
employment.; or 
Sec. 3.  19-A MRSA §4002, sub-§1, ¶G is enacted to read: 
G.  Engaging in the unauthorized dissemination of certain private images as 
prohibited pursuant to Title 17-A, section 511-A. 
Sec. 4.  19-A MRSA §4007, sub-§1, ¶M, as amended by PL 2005, c. 510, §11, is 
further amended to read: 
M.  Entering any other orders determined necessary or appropriate in the discretion of 
the court; or 
Sec. 5.  19-A MRSA §4007, sub-§1, ¶N, as enacted by PL 2005, c. 510, §12, is 
amended to read: 
N.  Directing the care, custody or control of any animal owned, possessed, leased, 
kept or held by either party or a minor child residing in the household.; or 
Sec. 6.  19-A MRSA §4007, sub-§1, ¶O is enacted to read: 
O.  Entering any orders determined necessary or appropriate in the discretion of the 
court to address the unauthorized dissemination of certain private images as described 
in Title 17-A, section 511-A, including, but not limited to, ordering the defendant to 
remove, destroy, return or direct the removal, destruction or return of the private 
images, ordering the defendant to cease the dissemination of the private images and 
prohibiting the defendant from disseminating the private images. 
Sec. 7.  19-A MRSA §4008-A is enacted to read: 
§4008-A.  Certain private images and written information sealed 
If a party alleges in an affidavit or a pleading under oath the unauthorized 
dissemination of certain private images as described in Title 17-A, section 511-A, the 
images and any written information describing and directly pertaining to the images 
contained in an affidavit or pleading or other court records must be sealed by the clerk 
and not disclosed to the public or the media unless the court orders the disclosure to be 
made after a hearing in which the court determines that disclosure is in the interest of 
justice. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the protection from abuse laws and the laws concerning 
unauthorized dissemination of certain private images.  The bill provides a process for 
sealing certain private images and any written information describing and directly 
pertaining to the images that are contained in court records.  The bill adds unauthorized 
dissemination of certain private images to the definition of "abuse" for the purposes of the 
protection from abuse laws.  The bill adds to the protection from abuse laws remedies 
pertinent to the unauthorized dissemination of certain private images.