Maine LD 679: An Act To Prohibit the Unauthorized Distribution of Certain Private Images

LD 679 (subjects: CRIMES , COMPUTER )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=679&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Kenneth Fredette of Newport: (R – District 100) — e-mail | Twitter | Facebook

25 Cosponsors:

Actions

Chamber

Action
3/3/2015 House Committee on Criminal Justice and Public Safety suggested and ordered printed.
The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/5/2015 Senate On motion by Senator Rosen of Hancock, REFERRED to the Committee on Criminal Justice and Public Safety, in concurrence.
6/15/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-430)
Sent for concurrence. ORDERED SENT FORTHWITH.
6/16/2015 Senate Report READ and ACCEPTED , in concurrence.
READ ONCE
Committee Amendment “A” (H-430) READ and ADOPTED , in concurrence.
Under suspension of the Rules, READ A SECOND TIME AND PASSED TO BE ENGROSSED As Amended By Committee Amendment “A” (H-430) , in concurrence.
6/16/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/17/2015 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT , in concurrence.
6/30/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE.
On motion by Same Senator Under suspension of the Rules RECONSIDERED PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-430) , in concurrence.
On motion by Same Senator Under further suspension of the Rules RECONSIDERED whereby Committee Amendment “A” (H-430) was ADOPTED
On motion by Same Senator Senate Amendment “A” (S-331) to Committee Amendment “A” (H-430) READ and ADOPTED
Committee Amendment “A” (H-430) As Amended By Senate Amendment “A” (S-331) thereto ADOPTED , in NON-CONCURRENCE.
PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-430) AS AMENDED BY Senate Amendment “A” (S-331) thereto , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/30/2015 House The House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “A” (H-430) as Amended by Senate Amendment “A” (S-331) thereto
ORDERED SENT FORTHWITH.
6/30/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/30/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 679 as originally introduced. L.D. 679 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-430) .

An Act To Prohibit the Unauthorized Distribution of Certain Private Images

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA 511-A is enacted to read:

511-A. Unauthorized distribution of images

1. A person is guilty of unauthorized distribution of images if the person intentionally discloses, displays, distributes, publishes, advertises or offers a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in a sexual act or engaged in sexual contact when the person knows or should have known that the depicted person:

A. Is 18 years of age or older;
B. Is identifiable from the image itself or information displayed in connection with the image; and
C. Has not consented to the disclosure.

2. This section does not apply to the following:

A. Lawful and common practices of law enforcement, reporting unlawful activity, or when permitted or required by law or rule in legal proceedings;
B. Lawful and common practices of medical treatment;
C. Images involving voluntary exposure in a public or commercial setting; or
D. An interactive computer service, as defined in 47 United States Code, Section 230(f)(2), or an information service, as defined in 47 United States Code, Section 153, with regard to content provided by another person.

3. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. “Sexual act” has the same meaning as in section 251, subsection 1, paragraph C and also includes:

(1) The transfer or transmission of semen upon any part of the clothed or unclothed body of the depicted person;

(2) Urination within a sexual context;

(3) Bondage or sadomasochism in any sexual context; and

(4) Simulated sexual acts.

B. “Sexual contact” has the same meaning as defined in section 251, subsection 1, paragraph D and includes simulated sexual contact.
C. “State of nudity” means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area, anus or if the person is female a partially or fully exposed breast below a point immediately above the top of the areola.

4. Unauthorized distribution of images is a Class D crime.

summary

This bill prohibits a person from intentionally displaying, distributing or offering a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in a sexual act if that person knows or should have known that the depicted person is 18 years of age or older, is identifiable and has not consented to the disclosure. A violation of this prohibition is a Class D crime.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 679:


This information about LD 679 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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