An Act To Prevent Internet Theft
Maine Legislature, Session 129, LD 0700
Committee: Criminal Justice and Public Safety
Sponsors: BELLOWS, HANLEY, CYRWAY, DESCHAMBAULT, MIRAMANT, ROSEN, HANDY, LANDRY, MAXMIN
Amends: 17-A MRSA §364

Legislative Document
No. 700
S.P. 213
In Senate, February 11, 2019
An Act To Prevent Internet Theft
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BELLOWS of Kennebec.
Cosponsored by Representative HANLEY of Pittston and
Senators: CYRWAY of Kennebec, DESCHAMBAULT of York, MIRAMANT of Knox, 
ROSEN of Hancock, Representatives: HANDY of Lewiston, LANDRY of Farmington, 
MAXMIN of Nobleboro.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §364 is enacted to read:
§364.  Organized electronic theft
1.   A person is guilty of organized electronic theft if:
A.  The person commits 2 or more thefts under this chapter, as either a principal or an 
accomplice, pursuant to a scheme or course of conduct involving thefts committed by 
electronic means.  Violation of this paragraph is a Class E crime; or
B.  The person violates paragraph A and:
(1)  The total value of the property is more than $5,000.  Violation of this 
subparagraph is a Class B crime;
(2)  The total value of the property is more than $1,000 but not more than $5,000.  
Violation of this subparagraph is a Class C crime;
(3)  The total value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or
(4)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar 
conduct to that of the Maine offenses listed in this subparagraph in another 
jurisdiction.  The Maine offenses are:  theft; any violation of section 401 in which 
the crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702, 703 or 708; or 
attempts to commit any of these crimes.  Section 9-A governs the use of prior 
convictions when determining a sentence.  Violation of this subparagraph is a 
Class C crime.
2.   The crime of organized electronic theft may be prosecuted and punished in:
A.  The county in which the defendant was located when the defendant electronically 
initiated or administered the scheme or course of conduct or accessed property that 
the defendant obtained or exercised control over through the scheme or course of 
conduct; or
B.  The county in which a victim of the crime is a resident or the county in which a 
victim of the crime maintains a place of business at the time the defendant accessed 
the victim's property that the defendant had obtained or exercised control over 
through the scheme or course of conduct.
3.   In addition to the State's having jurisdiction pursuant to section 7 to convict a 
person under this section, the State has jurisdiction to convict a person under this section 
when that person is physically located outside of the State and the prohibited conduct:
A.  Occurs outside of the State and a victim of the crime is a resident of the State or 
maintains a place of business in the State at the time of the crime; and
B.  Is sufficient under this section to constitute a crime in the State.
As used in this subsection, "resident" means a person who lives in the State either 
permanently or for an extended period, which includes, but is not limited to, the period of 
time a student attends a school or college and the period of time a person serving in the 
Armed Forces of the United States is stationed in the State.
4.  For the purposes of this section, "thefts committed by electronic means" includes, 
but is not limited to, thefts committed using Internet-based sales platforms and Internet-
based fundraising, including so-called crowdfunding platforms.  For the purposes of this 
section, "victim" means a person who was the intended recipient of, or who lawfully 
exercised ownership or control over, the property that is the subject of a theft committed 
under this section.
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made.
PUBLIC SAFETY, DEPARTMENT OF 
Computer Crimes 0048
Initiative: Establishes one Computer Forensic Analyst position to investigate organized 
electronic theft crimes.
SUMMARY
This bill creates the crime of organized electronic theft, of which a person is guilty if 
the person commits 2 or more thefts under the Maine Criminal Code pursuant to a 
scheme or course of conduct involving thefts committed by electronic means.  "Thefts 
committed by electronic means" includes, but is not limited to, thefts committed using 
Internet-based sales platforms and Internet-based fundraising, including so-called 
crowdfunding platforms.  The severity of punishment for the crime of organized 
electronic theft is dependent upon the total value of the property stolen.  The bill also 
includes an appropriation to establish a computer forensic analyst position within the 
Department of Public Safety dedicated to the investigation of organized electronic theft.
GENERAL FUND
2019-20
2020-21
POSITIONS - LEGISLATIVE COUNT
1.000
1.000
Personal Services
$71,250
$97,850
All Other
$5,000
$5,000
GENERAL FUND TOTAL
$76,250
$102,850