2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 93: PRIVATE SECURITY GUARDS › 32 §9412. Unlawful acts

§9412. Unlawful acts
1.  Acting without license; false representations.
It is a Class D crime for any person knowingly to commit any of the following acts:
A. Subject to section 9404, to act as a security guard without a valid license;   [PL 1981, c. 113, §2 (NEW).]
B. To publish any advertisement, letterhead, circular, statement or phrase of any kind which suggests that a licensee is an official police agency or any other agency, instrumentality or division of this State, any political subdivision thereof, or of the Federal Government;   [PL 1981, c. 113, §2 (NEW).]
C. To falsely represent that a person is or was in his employ as a licensee;   [PL 1987, c. 170, §15 (AMD).]
D. To make any false statement or material omission in any application, any documents made a part of the application, any notice or any statement filed with the commissioner; or   [PL 1987, c. 170, §15 (AMD).]
E. To make any false statement or material omission relative to the requirements of section 9410‑A, subsection 1, in applying for a position as a security guard with a contract security company.   [PL 1987, c. 170, §16 (NEW).]
[PL 1987, c. 170, §§15, 16 (AMD).]
2.  Failure to return equipment; representation as peace officer.
It is a Class D crime for any security guard knowingly to commit any of the following acts:
A. To fail to return immediately on demand, or within 7 days of termination of employment, any uniform, badge, or other item of equipment issued to him by an employer;   [PL 1981, c. 113, §2 (NEW).]
B. To make any representation which suggests, or which would reasonably cause another person to believe, that he is a sworn peace officer of this State, any political subdivision thereof, or of any other state or of the Federal Government;   [PL 1981, c. 113, §2 (NEW).]
C. To wear or display any badge, insignia, device, shield, patch or pattern which indicates or suggests that he is a sworn peace officer, or which contains or includes the word "police" or the equivalent thereof, or is similar in wording to any law enforcement agency; or   [PL 1981, c. 113, §2 (NEW).]
D. To possess or utilize any vehicle or equipment displaying the words "police," "law enforcement officer," or the equivalent thereof, or have any sign, shield, marking, accessory or insignia that may indicate that the vehicle is a vehicle of a public law enforcement agency.   [PL 1981, c. 113, §2 (NEW).]
Paragraph A does not apply to any proprietary security organization or any employee thereof.
[PL 1987, c. 170, §17 (AMD).]
3.  Representations as to employees; failure to surrender license; posting of license.
It is a Class D crime for any person licensed under this chapter knowingly to commit any of the following acts:
A. To falsely represent that a person was or is in his employ as a security guard;   [PL 1981, c. 113, §2 (NEW).]
B. To fail or refuse to surrender his license to the commissioner within 72 hours following revocation or suspension of the license; or after the licensee ceases to do business subject to section 9410;   [PL 1981, c. 113, §2 (NEW).]
C. To post the license or permit the license to be posted upon premises other than those described in the license; or   [PL 1981, c. 113, §2 (NEW).]
D. To fail to cause the license to be posted and displayed at all times, within 72 hours of receipt of the license, in a conspicuous place in the principal office of the licensee within the State.   [PL 1981, c. 113, §2 (NEW).]
[PL 1981, c. 113, §2 (NEW).]
4.  Other unlawful acts.
It is a Class D crime for any person licensed under this chapter, or for any employee thereof, knowingly to commit any of the following acts:
A. To incite, encourage or aid any person who has become a party to any strike to commit any unlawful act against any person or property;   [PL 1981, c. 113, §2 (NEW).]
B. To incite, stir up, create or aid in the inciting of discontent or dissatisfaction among the employees of any person with the intention of having them strike;   [PL 1981, c. 113, §2 (NEW).]
C. To interfere with or prevent lawful and peaceful picketing during strikes;   [PL 1981, c. 113, §2 (NEW).]
D. To interfere with, restrain or coerce employees in the exercise of their right to form, join or assist any labor organization of their own choosing;   [PL 1981, c. 113, §2 (NEW).]
E. To interfere with or hinder lawful or peaceful collective bargaining between employers and employees;   [PL 1981, c. 113, §2 (NEW).]
F. To pay, offer to give any money, gratuity, consideration or other thing of value, directly or indirectly, to any person for any verbal or written report of the lawful activities of employees in the exercise of their right to organize, form or assist any labor organization and to bargain collectively through representatives of their own choosing;   [PL 1981, c. 113, §2 (NEW).]
G. To advertise for, recruit, furnish or replace or offer to furnish or replace for hire or reward, within or outside the State, any skilled or unskilled help or labor, armed guards, other than armed guards employed for the protection of payrolls, property or premises, for service upon property which is being operated in anticipation of or during the course or existence of a strike;   [PL 1981, c. 113, §2 (NEW).]
H. To furnish armed guards upon the highways for persons involved in labor disputes;   [PL 1981, c. 113, §2 (NEW).]
I. To furnish or offer to furnish to employers or their agents any arms, munitions, tear gas implements or any other weapons;   [PL 1981, c. 113, §2 (NEW).]
J. To send letters or literature to employers offering to eliminate labor unions; or   [PL 1981, c. 113, §2 (NEW).]
K. To advise any person of the membership of an individual in a labor organization for the purpose of preventing the individual from obtaining or retaining employment.   [PL 1981, c. 113, §2 (NEW).]
[PL 1981, c. 113, §2 (NEW).]
5.  Dangerous weapons at labor disputes and strikes.
It is a Class D crime for any person, including, but not limited to, security guards and persons involved in a labor dispute or strike, to be armed with a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9, at the site of a labor dispute or strike. A person holding a valid permit to carry a concealed handgun is not exempt from this subsection. A security guard is exempt from this subsection to the extent that federal laws, rules or regulations require the security guard to be armed with a dangerous weapon at the site of a labor dispute or strike.
[PL 2013, c. 424, Pt. A, §18 (AMD).]
6.  Class E crimes.
It is a Class E crime for any person licensed under this chapter or for any employee of such a person, to knowingly commit any of the following acts:
A. To perform or attempt to perform security guard functions at the site of a labor dispute or strike while not physically located on property leased, owned, possessed or rented by the person for whom the licensee is providing security guards.   [PL 1987, c. 170, §18 (NEW).]
[PL 1987, c. 170, §18 (NEW).]
SECTION HISTORY
PL 1981, c. 113, §2 (NEW). PL 1987, c. 170, §§15-18 (AMD). PL 2013, c. 424, Pt. A, §18 (AMD).