Maine Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)
Maine's voyeurism laws protect individuals from being secretly recorded in private settings. The primary statute, 17-A M.R.S.A. section 511, criminalizes the use of cameras and recording devices to observe or record people in locations where they have a reasonable expectation of privacy. This guide covers what constitutes voyeurism in Maine, the penalties for violations, defenses, and the rights of victims.
Maine's Voyeurism Statute
17-A M.R.S.A. Section 511
Maine's core voyeurism law makes it a crime to:
- Knowingly place a camera in a location where a person may reasonably expect privacy for the purpose of observing or recording that person
- Record a person in a state of undress or engaged in sexual activity without their knowledge and consent
- Use technology to see through or beneath a person's clothing without their consent
The statute covers all forms of recording technology, including smartphones, hidden cameras, spy cameras, drones, and any other device capable of capturing images or video.
What Constitutes a "Private Place"
Under Maine law, a private place is any location where a person has a reasonable expectation of being free from observation. This includes:
- Bathrooms and restrooms (in homes, businesses, and public buildings)
- Bedrooms and sleeping areas
- Hotel and motel rooms
- Changing rooms and fitting rooms in retail stores
- Locker rooms at gyms, pools, and fitness centers
- Medical examination rooms
- Tanning booths and salons
- Any enclosed area where a person may be in a state of undress
The expectation of privacy must be objectively reasonable. A person standing on a public sidewalk does not have the same privacy expectation as someone in a bathroom stall.
Criminal Penalties for Voyeurism
Classification and Sentencing
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Voyeuristic recording of an adult | Class D crime | Up to 1 year jail, $2,000 fine |
| Voyeuristic recording of a minor (under 18) | Class C crime | Up to 5 years prison, $5,000 fine |
| Disseminating voyeuristic images | Class D crime | Up to 1 year jail, $2,000 fine |
| Repeat voyeurism offense | Enhanced classification | Elevated penalties |
Aggravating Factors
Penalties may be enhanced when:
- The victim is a minor
- The offender holds a position of trust (teacher, coach, employer, landlord)
- Multiple victims are involved
- The images or video are distributed commercially
- The offender has prior voyeurism convictions
Non-Consensual Intimate Images
17-A M.R.S.A. Section 511-A
Maine has enacted a separate statute targeting the non-consensual sharing of intimate images, commonly known as "revenge porn." Under 17-A M.R.S.A. section 511-A, it is a crime to:
- Intentionally distribute an intimate image of another person without their consent
- Distribute the image with the intent to harass, torment, or threaten the person depicted
- Distribute the image knowing that the person depicted had a reasonable expectation that the image would remain private
Penalties for Non-Consensual Distribution
- First offense: Class D crime (up to 1 year jail, $2,000 fine)
- Subsequent offenses or distribution involving a minor: Class C crime (up to 5 years prison, $5,000 fine)
Consent Issues
Consent to being photographed or recorded does not automatically mean consent to distribution. A person who agrees to be photographed by an intimate partner does not consent to that partner sharing the images with others.
Common Voyeurism Scenarios
Hidden Cameras in Homes
Placing hidden cameras in bathrooms, bedrooms, or other private areas of a home without the occupant's knowledge is one of the most common voyeurism offenses. This includes:
- Landlords hiding cameras in rental units
- Roommates placing cameras in shared bathrooms
- Intimate partners installing hidden cameras without the other's knowledge
- Babysitters or house guests placing cameras
Hidden Cameras in Businesses
Businesses that install cameras in restrooms, changing rooms, or fitting rooms violate Maine's voyeurism law. Employees who discover hidden cameras should report them to management and, if the employer is responsible, to law enforcement.
Upskirting and Downblousing
Using cameras or phones to capture images underneath or down a person's clothing without consent is voyeurism under Maine law, even in public places. The expectation of privacy in one's own clothing applies regardless of the location.
Digital and Technology-Based Voyeurism
Modern technology has created new forms of voyeurism:
- Using remote-access software to activate a victim's webcam
- Hacking into home security cameras
- Using drones to record through windows
- Exploiting smart home devices for surveillance
Defenses to Voyeurism Charges
Consent
If the person recorded consented to being observed or recorded, no voyeurism has occurred. Consent must be voluntary, informed, and specific to the recording in question.
No Reasonable Expectation of Privacy
If the recording took place in a location where the person did not have a reasonable expectation of privacy (such as a public beach or park), the voyeurism statute may not apply.
Lack of Intent
The prosecution must prove that the recording was made "knowingly" for the purpose of observing the person. Accidental or inadvertent recording may not meet this standard.
Law Enforcement Exception
Law enforcement officers acting under valid court orders or warrants are exempt from voyeurism charges when conducting authorized surveillance.
Rights of Voyeurism Victims in Maine
Criminal Prosecution
Victims should report voyeurism to local law enforcement. The Maine State Police and local police departments investigate voyeurism complaints. Prosecution is handled by the district attorney's office.
Civil Lawsuits
Victims of voyeurism in Maine can pursue civil lawsuits against the perpetrator. Available claims include:
- Invasion of privacy (intrusion upon seclusion)
- Intentional infliction of emotional distress
- Negligence (against a property owner who failed to prevent hidden cameras)
- Civil damages under wiretapping statute (15 M.R.S.A. section 711) if audio was also captured
Protection Orders
Victims can seek protection orders against the perpetrator. Maine's protection from harassment statute (5 M.R.S.A. section 4651) allows courts to issue orders prohibiting the perpetrator from contacting the victim, requiring them to stay away, and ordering the destruction of voyeuristic recordings.
Victim Services
Maine offers victim services through the Maine Office of Victim Services and local sexual assault crisis centers. The Maine Coalition Against Sexual Assault (MECASA) provides support, advocacy, and referrals for voyeurism victims.
Sex Offender Registration
In Maine, certain voyeurism convictions can trigger sex offender registration requirements under 34-A M.R.S.A. section 11273. Registration may be required when:
- The victim was a minor
- The offense involved sexual exploitation
- The court determines registration is appropriate based on the circumstances
Registration requirements include listing on the Maine Sex Offender Registry maintained by the Maine State Bureau of Identification.
More Maine Laws
- Maine Recording Laws
- Maine Whistleblower Laws
- Maine Sexting Laws
- Maine Lemon Laws
- [Maine Data Privacy Laws](/us-laws/data-privacy-laws/maine-data-privacy-laws)
- Maine Recording Laws
- Maine Recording Laws
- Maine Recording Laws
More Maine Recording Laws
Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording