An Act To Create a Civil Cause of Action for Intentional Interference with Business Operations
Maine Legislature, Session 127, LD 1200
Committee: Judiciary
Sponsors: BURNS, CUSHING, DAVIS, ROSEN, THIBODEAU, FOWLE, SHAW

Legislative Document 
No. 1200 
S.P. 427 
In Senate, April 2, 2015 
An Act To Create a Civil Cause of Action for Intentional 
Interference with Business Operations 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Senators: CUSHING of Penobscot, DAVIS of Piscataquis, ROSEN of 
Hancock, President THIBODEAU of Waldo, Representatives: FOWLE of Vassalboro, SHAW 
of Standish. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA c. 759 is enacted to read: 
CHAPTER 759 
CIVIL RECOVERY FOR INTENTIONAL INTERFERENCE WITH BUSINESS 
OPERATIONS 
§8801.  Short title 
This chapter may be known and cited as "the Maine Civil Recovery for Intentional 
Interference with Business Operations Act." 
§8802.  Civil recovery 
1.  "Business operations" defined.  As used in this chapter, "business operations" 
means an activity engaged in with the object of gain, benefit or advantage, either direct or 
indirect, by a private entity. 
2.  Application.  This chapter applies to: 
A.  Business operations in a public or private place, including, but not limited to, 
private land, public and private ways as defined in Title 29-A, section 101 and 
railroad rights-of-way as defined in Title 12, section 9405-A, subsection 1, paragraph 
J; and 
B.  Activities dealing with critical infrastructure as defined in Title 17-A, section 2, 
subsection 6-A and within energy infrastructure corridors as defined in Title 35-A, 
section 122, subsection 1, paragraph C. 
3.  Liability.  A person who intentionally commits an act that hinders, impairs or 
obstructs or attempts to hinder, impair or obstruct the performance of the business 
operations of a private entity is liable to the private entity in accordance with the 
provisions of this chapter.  An organization that promotes, advocates for or directs an 
individual to act as described in this chapter is liable to the private entity in the same 
manner as the individual committing the act. 
4.  No limitation.  The provisions of this chapter may not be construed to prohibit or 
limit any other cause of action that a private entity may have against an individual or 
organization found liable under this chapter. 
5.  Damages recoverable.  An individual or organization found civilly liable to a 
private entity under the provisions of this chapter may be awarded damages including: 
A.  Actual damages.  Actual damages include economic losses and property damage, 
when proven; 
B.  A civil penalty equal to $50,000 or 3 times total damages, costs and fees, 
whichever is greater; and 
C.  Costs and fees, including reasonable attorney's fees. 
6.  Written demand.  The fact that an action may be brought against an individual or 
organization as provided in this chapter does not limit the right of a private entity to make 
a written demand that an individual or organization liable for damages and penalties 
under this chapter remit the damages and penalties prior to the commencement of any 
legal action. 
A.  If an individual or organization to which demand is made under this subsection 
complies with the demand, that individual or organization incurs no further civil 
liability for that specific act of interference. 
B.  A demand under this subsection must be accompanied by a copy of this chapter. 
7.  Criminal prosecution.  A criminal prosecution under Title 17-A is not a 
prerequisite to an action under this chapter, and criminal prosecution does not bar civil 
action. An action under this chapter does not bar a criminal prosecution under Title 17-A. 
8.  Failure to prosecute.  If a private entity files suit to recover damages and 
penalties pursuant to this chapter and the private entity fails to appear at a hearing in the 
proceedings without being excused by the court, the court shall dismiss the suit without 
prejudice and award costs to the defendant. 
9.  Fraudulent prosecution.  A person who knowingly uses provisions of this 
chapter to demand or extract money from an individual or organization that is not legally 
obligated to pay damages commits a Class E crime. 
SUMMARY 
This bill creates a civil cause of action for intentional interference with business 
operations.  "Business operations" is defined to mean an activity engaged in with the 
object of gain, benefit or advantage, either direct or indirect, by a private entity.  The bill 
provides that: 
1.  An individual is liable to a private entity for damages if the individual commits an 
act that hinders, impairs or obstructs or attempts to hinder, impair or obstruct the 
performance of business operations by the private entity; 
2.  An organization that promotes, advocates for or directs an individual to engage in 
the acts described in the bill is liable to the private entity in the same manner as the 
individual committing the act; 
3.  The private entity may recover damages by filing an action in court and may be 
awarded actual damages, a civil penalty and costs and fees, including reasonable 
attorney's fees; and 
4.  A person who knowingly uses the provisions in this bill to demand or extract 
money from an individual or organization that is not legally obligated to pay damages 
commits a Class E crime.