An Act To Protect Maine Residents from Stalking and Unauthorized Surveillance by Use of an Unmanned Aerial Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §210-A, sub-§2, ¶A, as amended by PL 2007, c. 685, §1, is further amended to read:
A. "Course of conduct" means 2 or more acts, including but not limited to acts in which the actor, by any action, method, device or means, including use of an unmanned aerial vehicle, directly or indirectly follows, monitors, tracks, observes, surveils, threatens, harasses or communicates to or about a person or interferes with a person’s property. "Course of conduct" also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information.
Sec. 2. 17-A MRSA §210-A, sub-§2, ¶F is enacted to read:
F. "Unmanned aerial vehicle" means an aircraft operated without a physical human presence within or on the aircraft.
Sec. 3. 17-A MRSA §511, sub-§1, ¶C, as amended by PL 1997, c. 467, §1, is further amended to read:
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 that would not ordinarily be audible or comprehensible outside that place; or
Sec. 4. 17-A MRSA §511, sub-§1, ¶D, as enacted by PL 1997, c. 467, §1, is amended to read:
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 . ; or
Sec. 5. 17-A MRSA §511, sub-§1, ¶E is enacted to read:
E. Outside a private place, uses an unmanned aerial vehicle flying at an altitude of less than 400 feet above the private place or its curtilage at any time without the written permission of the resident or owner of the private place.
Sec. 6. 17-A MRSA §511, sub-§2, as amended by PL 2007, c. 688, §2, is repealed and the following enacted in its place:
This bill adds the use of unmanned aerial vehicles, also known as drones, to the laws governing stalking in the Maine Criminal Code. With respect to the Class D crime of violation of privacy, it provides that the crime can be committed through the use of an unmanned aerial vehicle and adds a provision that prohibits a person from intentionally using outside a private place an unmanned aerial vehicle flying at an altitude of less than 400 feet above the private place or its curtilage at any time without the written permission of the resident or owner of the private place.