CHAPTER 467
S.P. 664 - L.D. 1892
An Act to Criminalize Unpermitted Visual Surveillance under the Clothing of a Person in a Public Place by Mechanical or Electronic Equipment
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 1975, c. 499, §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, he that person intentionally:
A. Commits a civil trespass on property with the intent to overhear or observe any person in a private place; or
B. Installs or uses in a private place without the consent of the person or persons entitled to privacy therein in that place, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place; or
C. Installs or uses outside a private place without the consent of the person or persons entitled to privacy therein, any device for hearing, recording, amplifying or broadcasting sounds originating in that place which that would not ordinarily be audible or comprehensible outside that place.; 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.
Sec. 2. 17-A MRSA §511, sub-§1-A is enacted to read:
1-A. It is a defense to a prosecution under subsection 1, paragraph D that the person subject to surveillance had in fact attained 14 years of age and had consented to the visual surveillance.
Effective September 19, 1997, unless otherwise indicated.
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