Text of ME LD 537 (2025)

Printed on recycled paper 132nd MAINE LEGISLATURE FIRST REGULAR SESSION-2025 Legislative Document No. 537 H.P. 356 House of Representatives, February 11, 2025 An Act to Prohibit the Doxing of a Minor and to Authorize a Related Civil Action Reference to the Committee on Judiciary suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative SACHS of Freeport. Cosponsored by Senator CARNEY of Cumberland and Representatives: BRENNAN of Portland, DHALAC of South Portland, KUHN of Falmouth, MOONEN of Portland, OSHER of Orono, RANA of Bangor. Page 1 - 132LR0650(01) 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 14 MRSA c. 765 is enacted to read: 3 CHAPTER 765 4 DOXING OF MINOR PROHIBITED; CIVIL ACTION AUTHORIZED 5 §9101. Definitions 6 As used in this chapter, unless the context otherwise indicates, the following terms 7 have the following meanings. 8 1. Close relation. "Close relation" means, with respect to a person, a current or former 9 spouse or domestic partner, parent, child, sibling, stepchild, stepparent or grandparent of 10 that person; a person who regularly resides or within the prior 6 months resided in the same 11 household as that person; a person with a significant personal or professional relationship 12 with that person; or a pet of that person or of that person's household or family. 13 2. Disclosure. "Disclosure" means the dissemination, distribution, circulation, 14 sharing, posting, publishing, transmittal or release of information through electronic or 15 other means. 16 3. Doxing. "Doxing" means the knowing disclosure of personal identifying 17 information of a person, without that person's consent, and when that disclosure is intended 18 to cause, and in fact either directly or indirectly causes: 19 A. A course of conduct directed at or concerning that person that constitutes stalking 20 under Title 17-A, section 210-A; 21 B. Physical harm to that person; 22 C. Serious damage to the property of that person; or 23 D. That person to reasonably fear for that person's own physical safety or to reasonably 24 fear for the physical safety of a close relation of that person. 25 4. Minor. "Minor" means a person who has not attained 18 years of age. 26 5. Personal identifying information. "Personal identifying information" means any 27 of the following information concerning a person that the person has not made and has not 28 authorized another person to make readily apparent to the public: 29 A. Biometric data; 30 B. Home address, work address or e-mail address; 31 C. Home telephone number or cellular telephone number; 32 D. Social security number, driver's license number or state-issued identification card 33 number; 34 E. Credit or debit card number; and 35 F. Medical, financial, educational, consumer or employment information or records in 36 combination with the person's legal name or prior legal name, alias, photograph or 37 likeness, mother's name or any prior legal name or date or place of birth. Page 2 - 132LR0650(01) 1 §9102. Doxing of minor prohibited 2 A person may not engage in conduct that constitutes doxing when the target of the 3 doxing is a minor. A person that violates this section may be subject to a civil action for 4 damages pursuant to section 9103. 5 §9103. Civil action for damages 6 In accordance with the provisions of this section, a family member, legal guardian or 7 representative of a minor who is a target of doxing in violation of section 9102 may bring 8 a civil action on behalf of the minor for injunctive relief, actual damages, compensatory 9 damages, punitive damages, any combination of those remedies or any other appropriate 10 relief. 11 1. Attorney's fees and costs. A plaintiff who prevails in a civil action under this 12 section is entitled to an award of attorney's fees and costs. 13 2. Treble damages. A plaintiff who proves by a preponderance of the evidence that 14 the doxing of a minor was motivated by the race, color, religion, ethnicity, national origin, 15 citizenship status, sex, gender, sexual orientation, gender identity or expression, physical 16 or mental health condition or disability of the minor or of a close relation of the minor is 17 entitled to up to treble damages in addition to any other remedy. 18 3. Defenses. It is a defense to a civil action brought pursuant to this section that a 19 person disclosed personal identifying information of a minor for the sole purpose of: 20 A. Reporting conduct that was reasonably believed to be unlawful or to constitute a 21 crime to a law enforcement officer or law enforcement agency; 22 B. Publishing, disseminating or reporting conduct by a public official, law 23 enforcement officer or law enforcement agency that was reasonably believed to be 24 unlawful, to constitute a crime or to constitute an abuse of authority; or 25 C. Engaging in lawful activity protected by the Constitution of Maine and the United 26 States Constitution pertaining to speech, assembly, press or petition, including to 27 address a matter of public concern. 28 SUMMARY 29 This bill prohibits a person from engaging in conduct that constitutes doxing when the 30 target of the doxing is a minor. It also authorizes a family member, legal guardian or 31 representative of a minor who is a target of doxing in violation of that prohibition to bring 32 a civil action on behalf of the minor for injunctive relief, actual damages, compensatory 33 damages, punitive damages, any combination of those remedies or any other appropriate 34 relief. 35 Under the bill, doxing is defined as the knowing disclosure of personal identifying 36 information of a person, without that person's consent, and when that disclosure is intended 37 to cause, and in fact either directly or indirectly causes: 38 1. A course of conduct directed at or concerning that person that constitutes stalking 39 pursuant to the Maine Revised Statutes, Title 17-A, section 210-A; 40 2. Physical harm to that person; 41 3. Serious damage to the property of that person; or 29 30 31 32 33 34 Page 3 - 132LR0650(01) 1 4. That person to reasonably fear for that person's own physical safety or to reasonably 2 fear for the physical safety of a close relation of that person. 3 The bill sets out a number of defenses to this authorized civil action, including when 4 the disclosure of personal identifying information of a minor was for the sole purpose of 5 engaging in lawful and constitutionally protected activity pertaining to speech, assembly, 6 press or petition, including to address a matter of public concern.

Page 1 - 132LR0650(04) STATE OF MAINE _____ IN THE YEAR OF OUR LORD TWO THOUSAND TWENTY-FIVE _____ H.P. 356 - L.D. 537 An Act to Prohibit the Doxing of a Minor and to Authorize a Related Civil Action Be it enacted by the People of the State of Maine as follows: Sec. 1. 5 MRSA §4651, sub-§2, ¶C, as amended by PL 2017, c. 455, §1, is further amended to read: C. A single act or course of conduct constituting a violation of section 4681; Title 14, section 9102; Title 17, section 2931; or Title 17‑A, section 201, 202, 203, 204, 207, 208, 209, 210, 210‑A, 211, 253, 254, 255‑A, 256, 258, 259‑A, 259‑B, 260, 261, 282, 283, 301, 302, 303, 506, 506‑A, 511, 511‑A, 556, 802, 805, 806, 852 or 853. Sec. 2. 14 MRSA c. 765 is enacted to read: CHAPTER 765 DOXING OF MINOR PROHIBITED; CIVIL ACTION AUTHORIZED §9101. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. 1. Close relation. "Close relation" means, with respect to a person, a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent or grandparent of that person; a person who regularly resides or within the prior 6 months resided in the same household as that person; a person with a significant personal or professional relationship with that person; or a pet of that person or of that person's household or family. 2. Compensatory damages. "Compensatory damages" includes, but is not limited to, past and future medical expenses, lost earnings, pain, suffering, mental anguish, emotional distress and loss of enjoyment of life. LAW WITHOUT GOVERNOR'S SIGNATURE JUNE 24, 2025 CHAPTER 417 PUBLIC LAW Page 2 - 132LR0650(04) 3. Disclosure. "Disclosure" means the dissemination, distribution, circulation, sharing, posting, publishing, transmittal or release of information through electronic or other means. 4. Doxing of a minor. "Doxing of a minor" means the intentional, knowing or reckless disclosure by a person of personal identifying information of a minor, when the person making the disclosure consciously disregards a substantial risk that the disclosure will cause, and in fact the disclosure either directly or indirectly causes: A. A course of conduct directed at or concerning the minor or a close relation of the minor that constitutes stalking under Title 17-A, section 210-A; B. Physical harm to the minor or a close relation of the minor; C. Serious damage to the property of the minor or a close relation of the minor; or D. The minor or a close relation of the minor to reasonably fear for the minor's physical safety or to reasonably fear for the physical safety of a close relation of the minor. 5. Minor. "Minor" means a person: A. Who has not attained 18 years of age; or B. Who is 18 years of age or older, meets the age requirement for enrollment under Title 20-A, section 5201, subsection 1 and is currently enrolled in a public or private secondary school in the State. 6. Personal identifying information. "Personal identifying information" means: A. Any of the following information concerning a minor that the minor has not made and has not authorized another person to make readily apparent to the general public: (1) Biometric data; (2) Home address, personal e-mail address or personal telephone number; (3) Employer's name, address or telephone number; address of employer's website; the minor's work e-mail address; or the minor's work telephone number; (4) School name, address or telephone number; address of the school's website; or the minor's school e-mail address; (5) Social security number, passport number, driver's license number or state- issued identification card number; (6) Credit or debit card number; (7) Citizenship status; (8) Medical, financial, educational, consumer or employment information or records; or (9) A photograph that was not taken in a public place and that has not previously been made available to the general public; or B. A photograph or likeness of a minor, including a photograph that was taken in a public place or that has previously been made available to the general public, in combination with: (1) The minor's legal name, prior name, alias or date or place of birth; Page 3 - 132LR0650(04) (2) Information about the minor's relationship to a close relation; or (3) Any item of information concerning the minor specified in paragraph A. §9102. Doxing of minor prohibited A person may not engage in conduct that constitutes doxing of a minor. A person that violates this section may be subject to a civil action for damages pursuant to section 9103. §9103. Civil action for damages A minor may bring a civil action against a person who violates section 9102 for injunctive relief, actual damages, compensatory damages, any combination of those remedies or any other appropriate relief. 1. Attorney's fees and costs. A plaintiff who prevails in a civil action under this section is entitled to an award of attorney's fees and costs. 2. Punitive damages. A plaintiff who proves by clear and convincing evidence that the doxing of a minor was committed with malice or motivated by the race, color, religion, ethnicity, national origin, citizenship status, sex, gender, sexual orientation, gender identity or expression, physical or mental health condition or disability of the minor or of a close relation of the minor is entitled to an award of punitive damages in addition to any other remedy. 3. Defenses. It is a defense to a civil action brought pursuant to this section that a person disclosed personal identifying information of a minor for the sole purpose of: A. Reporting conduct that was reasonably believed to be unlawful or to constitute a crime to a law enforcement officer or law enforcement agency; B. Publishing, disseminating or reporting conduct by a public official, law enforcement officer or law enforcement agency that was reasonably believed to be unlawful, to constitute a crime or to constitute an abuse of authority; or C. Engaging in lawful activity protected by the United States Constitution or the Constitution of Maine pertaining to speech, assembly, press or petition, including to address a matter of public concern. 4. Minors as parties. A minor may be a party to an action under this chapter only when the minor has a representative through whom the action is brought or defended pursuant to the Maine Rules of Civil Procedure, Rule 17(b).