An Act to Update Maine's Domestic Violence and Stalking Laws
Maine Legislature, Session 131, LD 2085
Committee: Judiciary
Sponsors: CARNEY, CLOUTIER, DAUGHTRY, LIBBY, RAFFERTY, ARATA, HENDERSON, KUHN, LEE, SHEEHAN
Amends: 17-A MRSA §210, 17-A MRSA §210-A, 17-A MRSA §506, 19-A MRSA §4102

Legislative Document
No. 2085
S.P. 878
In Senate, January 3, 2024
An Act to Update Maine's Domestic Violence and Stalking Laws
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative CLOUTIER of Lewiston and
Senators: DAUGHTRY of Cumberland, LIBBY of Cumberland, RAFFERTY of York, 
Representatives: ARATA of New Gloucester, HENDERSON of Rumford, KUHN of 
Falmouth, LEE of Auburn, SHEEHAN of Biddeford.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, on June 27, 2023, the United States Supreme Court issued a decision in 
Counterman v. Colorado, which has raised questions as to the constitutionality of several 
of Maine's statutes; and
Whereas, the statutes implicated include critical components of the State's public 
safety response, specifically including its response to domestic violence and stalking; and
Whereas, citizens of the State rely on the Legislature to ensure a constitutionally 
sound criminal and civil justice system and failure to timely align the statutes with the new 
federal standard may result in unnecessary litigation in the State's already overburdened 
state court system; and
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 §210, sub-§1, as amended by PL 2003, c. 143, §4, is further 
amended to read:
1.   A person is guilty of terrorizing if that person in fact intentionally, knowingly or 
recklessly communicates to any 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 consciously disregarding a risk that the natural and probable 
consequence of such a threat, whether or not such consequence in fact occurs, is:
A.  To place the person to whom the threat is communicated or the person threatened 
in reasonable fear that the crime will be committed.  Violation of this paragraph is a 
Class D crime; or
B.  To cause evacuation of a building, place of assembly or facility of public transport 
or to cause the occupants of a building to be moved to or required to remain in a 
designated secured area.  Violation of this paragraph is a Class C crime.
Sec. 2.  17-A MRSA §210-A, sub-§2, ¶A, as amended by PL 2007, c. 685, §1, is 
repealed and the following enacted in its place:
A.  "Course of conduct" means 2 or more acts, including but not limited to acts in which 
the actor, by any action, method, device or means, directly or indirectly:
(1)  Follows, monitors, tracks, observes, surveils or harasses a person;
(2)  Interferes with a person's property;
(3)  Threatens a person, consciously disregarding a risk that the actor's conduct 
would cause a reasonable person to experience any of the effects identified in 
subsection 1, paragraph A; or
(4)  Communicates to or about a person, consciously disregarding a risk that the 
actor's conduct would cause a reasonable person to experience any of the effects 
identified in subsection 1, paragraph A. 
"Course of conduct" also includes, but is not limited to, threats implied by conduct and 
gaining unauthorized access to personal, medical, financial or other identifying or 
confidential information.  
Sec. 3.  17-A MRSA §506, sub-§1, ¶A, as amended by PL 2017, c. 397, §1, is 
repealed and the following enacted in its place:
A.  By means of telephone or electronic communication device the person 
intentionally, knowingly or recklessly makes any comment, request, suggestion or 
proposal without the consent of the person called or contacted:
(1)  That is, in fact, obscene; or
(2)  With conscious disregard of a risk that a reasonable person would find the 
comment, request, suggestion or proposal offensively coarse.
Violation of this paragraph is a Class E crime;
Sec. 4.  19-A MRSA §4102, sub-§1, ¶B, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
B.  Attempting to place or placing another in fear of bodily injury, regardless of intent, 
through any course of conduct, including, but not limited to, threatening, harassing or 
tormenting behavior.  When the course of conduct violates this paragraph based on the 
content of the actor's speech, the actor must have consciously disregarded a risk that 
the speech would place a reasonable person in fear of bodily injury;
Sec. 5.  19-A MRSA §4102, sub-§1, ¶E, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is 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 with conscious disregard of a risk that 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;  
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill aligns the laws of this State with the new federal standard set by Counterman 
v. Colorado, 600 U.S. 66 (2023). It amends relevant sections of the Maine Criminal Code 
and the protection from abuse laws to provide that, with respect to a violation of the abuse 
laws or the crime of terrorizing, stalking or harassment by telephone based on the content 
of the actor's speech, the actor must have consciously disregarded a risk that the actor's 
speech would place a reasonable person in fear of bodily injury.