An Act to Protect Minors from Exploitation by Adults for Violation of Privacy
Maine Legislature, Session 131, LD 0115
Committee: Criminal Justice and Public Safety
Sponsors: BAILEY, DUSON, RENY, GRAMLICH, JAUCH, LOOKNER
Amends: 17-A MRSA §511, 34-A MRSA §11273

Legislative Document
No. 115
S.P. 54
In Senate, January 9, 2023
An Act to Protect Minors from Exploitation by Adults for Violation 
of Privacy
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Senators: DUSON of Cumberland, RENY of Lincoln, Representatives: 
GRAMLICH of Old Orchard Beach, JAUCH of Topsham, LaROCHELLE of Augusta, 
LOOKNER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §511, sub-§1, as amended by PL 2021, c. 373, §1, is further 
amended to read:
1.   A person is guilty of violation of privacy if, except in the execution of a public duty 
or as authorized by law, that person intentionally:
A.  Commits a civil trespass on property with the intent to overhear or observe any 
person in a private place. Violation of this paragraph is a Class D crime;
B.  Installs or uses in a private place without the consent of the person or persons 
entitled to privacy in that place, any device for observing, photographing, recording, 
amplifying or broadcasting sounds or events in that place. Violation of this paragraph 
is a Class D crime;
C.  Installs or uses outside a private place without the consent of the person or persons 
entitled to privacy therein any device for observing, photographing, hearing, recording, 
amplifying or broadcasting images or sounds originating in that place that would not 
ordinarily be visible, audible or comprehensible outside that place. Violation of this 
paragraph is a Class D crime; or
D.  Engages in visual surveillance in a public place by means of mechanical or 
electronic equipment with the intent to observe or photograph, or record, amplify or 
broadcast an image of any portion of the body of another person present in that place 
when that portion of the body is in fact concealed from public view under clothing and 
a reasonable person would expect it to be safe from surveillance. Violation of this 
paragraph is a Class D crime; or
E.  Violates paragraph A, B, C or D and the other person subject to a violation of 
privacy has not in fact attained 16 years of age, except that it is not a violation of this 
paragraph if the other person is 14 or 15 years of age and the person who violates 
paragraph A, B, C or D is less than 5 years older than the other person. Violation of 
this paragraph is a Class C crime.
Sec. 2.  17-A MRSA §511, sub-§3, as enacted by PL 1975, c. 499, §1, is repealed.
Sec. 3.  34-A MRSA §11273, sub-§14, as amended by PL 2021, c. 527, §1, is 
further amended by enacting a new 2nd blocked paragraph to read:
"Tier I offense" includes a conviction under or an attempt, solicitation or conspiracy to 
violate Title 17-A, section 511, subsection 1, paragraph E.
SUMMARY
Currently, violation of privacy is a Class D crime in all cases. This bill raises violation 
of privacy to a Class C crime when the victim has not attained 16 years of age, except if 
the victim is 14 or 15 years of age and the person committing the violation of privacy is 
less than 5 years older than the victim. This bill also makes this violation of privacy a Tier 
I offense under the Sex Offender Registration and Notification Act of 2013.