An Act To Prevent Internet Theft
Sec. 1. 17-A MRSA §364 is enacted to read:
§ 364. Organized electronic theft
(1) The total value of the property is more than $5,000. Violation of this subparagraph is a Class B crime;
(2) The total value of the property is more than $1,000 but not more than $5,000. Violation of this subparagraph is a Class C crime;
(3) The total value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or
(4) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
As used in this subsection, "resident" means a person who lives in the State either permanently or for an extended period, which includes, but is not limited to, the period of time a student attends a school or college and the period of time a person serving in the Armed Forces of the United States is stationed in the State.
Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Computer Crimes 0048
Initiative: Establishes one Computer Forensic Analyst position to investigate organized electronic theft crimes.
| GENERAL FUND | 2019-20 | 2020-21 |
|
POSITIONS - LEGISLATIVE COUNT
|
1.000 | 1.000 |
|
Personal Services
|
$71,250 | $97,850 |
|
All Other
|
$5,000 | $5,000 |
 |
|
|
| GENERAL FUND TOTAL | $76,250 | $102,850 |
summary
This bill creates the crime of organized electronic theft, of which a person is guilty if the person commits 2 or more thefts under the Maine Criminal Code pursuant to a scheme or course of conduct involving thefts committed by electronic means. "Thefts committed by electronic means" includes, but is not limited to, thefts committed using Internet-based sales platforms and Internet-based fundraising, including so-called crowdfunding platforms. The severity of punishment for the crime of organized electronic theft is dependent upon the total value of the property stolen. The bill also includes an appropriation to establish a computer forensic analyst position within the Department of Public Safety dedicated to the investigation of organized electronic theft.