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Public Law
123rd Legislature
Second Regular Session
Chapter 688
H.P. 1465 - L.D. 2079
An Act To Strengthen the Crime of Visual Sexual Aggression against a Child
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §256, sub-§1,  as amended by PL 2005, c. 655, §1, is further amended to read:
 
1.    A person is guilty of visual sexual aggression against a child if:
 
A.  For the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm, the actor, having in fact attained 18 years of age, exposes the actor’s genitals to another person or causes the other person to expose that person’s genitals to the actor and the other person, not the actor’s spouse, has not in fact attained 14 years of age. Violation of this paragraph is a Class D crime;
 
B.  For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, exposes the actor’s genitals to another person or causes the other person to expose that person’s genitals to the actor and the other person, not the actor’s spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class C crime;
 
C.  For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person in a private place, not the actor’s spouse and not having in fact attained 14 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class D crime; or
 
D.  For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person in a private place, not the actor’s spouse and not having in fact attained 12 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class C crime.
 
As used in this subsection, the term “private place” has the same meaning as in section 511.
Sec. 2. 17-A MRSA §511, sub-§2,  as amended by PL 1999, c. 116, §1, is further amended to read:
 
2.    As used in this section, “private place” means a place where one may reasonably expect to be safe from surveillance, including, but not limited to, changing or dressing rooms, bathrooms and similar places, but excluding a place to which the public or a substantial group has access.