An Act To Provide Uniform Treatment of Prior Convictions in the Maine Criminal Code
Maine Legislature, Session 123, LD 1241
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §2, 17-A MRSA §152-A, 17-A MRSA §282, 17-A MRSA §283, 17-A MRSA §284, 17-A MRSA §353, 17-A MRSA §357, 17-A MRSA §358, 17-A MRSA §360, 17-A MRSA §402-A, 17-A MRSA §506-A, 17-A MRSA §554-B, 17-A MRSA §703, 17-A MRSA §708, 17-A MRSA §854, 17-A MRSA §908, 17-A MRSA §1105-D, 17-A MRSA §1107-A, 17-A MRSA §1252

Legislative Document 
No. 1241 
H.P.883 
House of Representatives, March 8,2007 
An Act To Provide Uniform Treatment of Prior Convictions in the 
Maine Criminal Code 
Reported by Representative GERZOFSKY of Brunswick for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Primed un rel:yded paper 
77/~ 
'1h·711d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §2, sub-§3-B is enacted to read: 
3-B. 
"Another jurisdiction" means the Federal Government, the United States 
military, the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, 
American Samoa and each of the several states except Maine. "Another jurisdiction" also 
means the Passamaquoddy Tribe when that tribe has acted pursuant to Title 30, section 
6209-A, subsection 1, paragraph A or B and the Penobscot Nation when that tribe has 
acted pursuant to Title 30, section 6209-B, subsection 1, paragraph A or B. 
lO 
Sec. 2. 17-A MRSA §152-A, sub-§l, ~C, as enacted by PL 2001, c. 413, §2, is 
amended to read: 
C. 
The person was previously convicted in this State or another jurisdiction of 
criminal homicide or any other crime involving the use of deadly force against a 
person; 
Sec. 3. 17-A MRS A §257, sub-§l, ~, as enacted by PL 1995, c. 429, §2, is 
amended to read: 
D. 
The offender has been previously convicted of a crime under chapter 11 or 
previously convicted unser the laws of the Unites States or any other state in another 
jurisdiction for conduct substantially similar to that contained in chapter 11. 
Sec. 4. 17-A MRS A §282, sub-§l, ~, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
B. The person violates paragraph A and, at the time of the offense, the person has 
one or more prior convictions for violating under this section or for engaging in 
substantially similar conduct to that contained in this section in another jurisdiction. 
Violation of this paragraph is a Class A crime; 
Sec. 5. 17-A MRSA §282, sub-§l, ~E, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
E. The person violates paragraph D and, at the time of the offense, the person has 
one or more prior convictions for violating under this section or for engaging in 
substantially similar conduct to that contained in this section in another jurisdiction. 
Violation of this paragraph is a Class A crime; or 
. 
Sec. 6. 17-A MRSA §283, sub-§l, ~, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
B. The person violates paragraph A and, at the time of the offense, has one or more 
prior convictions for violating under this section or for engaging in substantially 
similar conduct to that contained in this section in another jurisdiction. Violation of 
this paragraph is a Class B crime; 
• 
Sec. 7. 17-A MRS A §283, sub-§I, ~, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
D. The person violates paragraph C and, at the time of the offense, has one or more 
prior convictions for violating under this section or for engaging in substantially 
similar conduct to that contained in this section in another jurisdiction. Violation of 
this paragraph is a Class A crime. 
Sec. 8. 17-A MRSA §284, sub-§I, ~, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
B. 
Violates paragraph A and, at the time of the offense, has one or more prior 
convictions for ','iolating under this section or for engaging in substantially similar 
conduct to that contained in this section in another jurisdiction. Violation of this 
paragraph is a Class C crime; 
Sec. 9. 17-A MRSA §284, sub-§I, ~, as enacted by PL 2003, c. 711, Pt. B, 
§ 12, is amended to read: 
D. Violates paragraph C and, at the time of the offense, has one or more prior 
convictions for violating under this section or for engaging in substantially similar 
conduct to that contained in this section in another jurisdiction. Violation of this 
paragraph is a Class B crime. 
Sec. 10. 17-A MRSA §353, sub-§I,~, as amended by PL 2005, c. 199, §4, is 
further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation ofthis subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; or 
(6) The person has 2 or more prior Maffie convictions for any combination of the 
following 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; or 
Sec. 11. 17-A MRS A §3S4, sub-§I,~, as amended by PL 2001, c. 667, Pt. D, 
§4 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
S 
Violation of this subparagraph is a Class D crime; or 
(6) The person has 2 or more prior Maffie convictions for any combination of the 
following 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 
I 
structure is theft; any violation of section 40S in which the crime intended to be 
committed inside the motor vehicle is theft; any violation of section 6S 1; any 
violation of section 702, 703 or 708; or attempts thereat to commit any of these 
crimes. Section 9-A governs the use of prior convictions when determining a 
2S 
sentence. Violation of this subparagraph is a Class C crime. 
Sec. 12. 17-A MRS A §3S4-A, sub-§I,~, as amended by PL 2001, c. 667, Pt. 
D, §5 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $] 0,000. 
Violation of this subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; or 
')') 
• 
(6) The person has 2 or more prior Mallie convictions for any combination of the 
following 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 thereat 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. 
Sec. 13. 17-A MRS A §356-A, sub-§I, ~B, as amended by PL 2001, c. 667, Pt. 
0, §6 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class ° crime; or 
(6) The person has 2 or more prior Mallie convictions for any combination of the 
following 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 thereat 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. 
Sec. 14. 17-A MRS A §357, sub-§I, ~, as amended by PL 2001, c. 667, Pt. 0, 
§7 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the services is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(3) The value of the services is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(4) The value of the services is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; or 
(5) The person has 2 or more prior Maffie convictions for any combination of the 
fellovling 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 thereat 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. 
Sec. 15. 17-A MRSA §357, sub-§2,~, as amended by PL 2001, c. 667, Pt. D, 
§ 8 and affected by § 3 6, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the services is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) That person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(3) The value of the services is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(4) The value of the services is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; or 
(5) The person has 2 or more prior Maffie convictions for any combination of the 
follovling 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 thereat 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. 
Sec. 16. 17-A MRSA §358, sub-§I, ~, as amended by PL 2001, c. 667, Pt. D, 
§9 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
• 
• 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the off~Hse. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $2,000 and the person is a payroll 
processor. Violation of this paragraph is a Class B crime; 
(5) The value of the property is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(6) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; 
(7) The ~alue of the property is more than $1,000 but not more than $2,000 and 
the person is a payroll processor. Violation of this subparagraph is a Class C 
crime; 
(8) The person is a payroll processor and has 2 or more prior Maffie convictions 
for any combination of the follo1Ning 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 thereat 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 B crime; or 
(9) The person has 2 or more prior Maffie convictions for any combination of the 
folloviing 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 thereat to commit any of these 
crimes. Section 9-A governs the use of prior convictions when determining a 
sentence. Violation ofthis subparagraph is a Class C crime. 
Sec. 17. 17-A MRS A §359, suh-§I, ~B, as amended by PL 2001, c. 667, Pt. D, 
§ 10 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(l) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation ofthis subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation ofthis subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; or 
(6) The person has 2 or more prior Maine convictions for any combination of the 
following 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 thereat 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. 
Sec. 18. 17-A MRSA §360, sub-§I, ~A-l, as enacted by PL 2003, c. 510, Pt. C, 
§4, is amended to read: 
A -1. The person violates paragraph A and the person has 2 or more prior Maine 
convictions for any combination of the following Maine offenses listed in this 
paragraph or for engaging in substantially similar conduct to that of the Maine 
offenses listed in this paragraph 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 thereat to commit any of these 
cnmes. 
Section 9-A governs the use of prior convictions when determining a 
sentence. Violation of this paragraph is a Class C crime; 
Sec. 19. 17-A MRSA §360, sub-§I, ,s-I, as enacted by PL 2003, c. 510, Pt. C, 
§4, is amended to read: 
B-1. 
The person violates paragraph B and the person has 2 or more prior Maine 
convictions for any combination of the following Maine offenses listed in this 
paragraph or for engaging in substantially similar conduct to that of the Maine 
offenses listed in this paragraph in another jurisdiction. The Maine offenses are: 
theft; any violation of section 401 in which the crime intended to be committed inside 
the stmcture is theft; any violation of section 405 in which the crimc 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 thereat to commit any of these 
crimes. 
Section 9-A governs the use of prior convictions when determining a 
sentence. Violation of this paragraph is a Class C crime; 
Sec. 20. 17-A MRSA §360, sub-§I, ~, as enacted by PL 2003, c. 510, Pt. C, 
§4, is amended to read: 
• 
• 
D. 
The person violates paragraph C and the person has 2 or more prior Maffie 
convictions for any combination of the following Maine offenses listed in this 
paragraph or for engaging in substantially similar conduct to that of the Maine 
offenses listed in this paragraph 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 thef8at to commit any of these 
cnmes. 
Section 9-A governs the use of prior convictions when determining a 
sentence. Violation of this paragraph is a Class C crime. 
Sec. 21. 17-A MRS A §401, sub-§l, 'JB, as enacted by PL 2001, c. 383, §53 and 
affected by § 156, is amended to read: 
B. The person violates paragraph A and: 
(1) The person is armed with a firearm, or knows that an accomplice is so armed. 
Violation of this subparagraph is a Class A crime; 
(2) The person intentionally or recklessly inflicts or attempts to inflict bodily 
injury on anyone during the commission of the burglary or an attempt to commit 
the burglary or in immediate flight after the commission or attempt. Violation of 
this subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon other than a firearm or knows 
that an accomplice is so armed. Violation of this subparagraph is a Class B 
cnme; 
(4) The violation is against a structure that is a dwelling place. Violation of this 
subparagraph is a Class B crime; or 
(5) At the time of the burglary, the person has 2 or more prior Class A, B or C 
convictions for any combination of the Maine Class A, B or C 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 this section or section 651, 702 or 703; or 
attempts to commit any of tflese these crimes. Section 9-A governs the use of 
prior convictions when determining a sentence. Violation of this subparagraph is 
a Class B crime. 
Sec. 22. 17-A MRSA §402-A, sub-§l, ~B, as amended by PL 2001, c. 383, §59 
and affected by § 156, is further amended to read: 
B. At the time of the offense, the person has 2 or more prior convictions for any 
combination of the Maine offenses listed in this paragraph or for engaging in 
substantially similar conduct to that of the Maine offenses listed in this paragraph in 
another jurisdiction. The Maine offenses are: burglary in a dwelling place or criminal 
trespass in a dwelling place. Section 9-A governs the use of prior convictions when 
determining a sentence. 
Sec. 23. 17-A MRSA §506-A, sub-§l, 'JB, as enacted by PL 2001, c. 383, §66 
and affected by § 156, is amended to read: 
B. The person violates paragraph A and, at the time of the harassment, the person has 
or more prior Maine convictions for violations of under this section in which the 
victim was the same person or a member of that victim's immediate family or for 
engaging in substantially similar conduct to that contained in this paragraph in 
another jurisdiction. 
Section 9-A governs the use of prior convictions when 
determining a sentence. Violation of this paragraph is a Class C crime. 
Sec. 24. 17-A MRSA §554-B, sub-§5,~, as enacted by PL 2003, c. 188, §2, is 
amended to read: 
B. A person who violates this section and, at the time of the offense, has a one or 
more prior conviction convictions for unlawfully transferring a handgun to a minor 
commits a Class C crime under this section or for engaging in substantially similar 
conduct to that contained in this section in another jurisdiction. Section 9-A governs 
the use of prior convictions when determining a sentence. Violation of this paragraph 
is a Class C crime. 
Sec. 25. 17-A MRS A §556, sub-§l, ~B, as enacted by PL 2001, c. 383, §70 and 
affected by § 156, is amended to read: 
B. Violates paragraph A and, at the time of the incest, the person has 2 or more prior 
Maine convictions for violations of under this section or for engaging in substantially 
similar conduct to that contained in this section in another iurisdiction. Section 9-A 
governs the use of prior convictions when determining a sentence. Violation of this 
paragraph is a Class C crime. 
Sec. 26. 17-A MRSA §703, sub-§l, ~A-l, as amended by PL 2001, c. 667, Pt. 
D, § 13 and affected by §36, is further amended to read: 
A-I. The person violates paragraph A and: 
(1) 
The face value of the written instrument or the aggregate value of the 
instruments is more than $10,000. Violation of this subparagraph is a Class B 
crime; 
(2) 
The face value of the written instrument or the aggregate value of the 
instruments is more than $1,000 but not more than $10,000. Violation of this 
subparagraph is a Class C crime; or 
(3) At the time of the forgery, the person has 2 or more prior convictions for any 
combination of the following 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; 
violation or attempted any violation of this section; any violation or attempted 
violation of section 401 if in which the intended crime within 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 er 
attempted violation of section 651; er any violation or attempted violation of 
section 702 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; 
Sec. 27. 17-A MRSA §703, sub-§l, ~-1, as amended by PL 2001, c. 667, Pt. 
D, § 13 and affected by §36, is further amended to read: 
B-1. The person violates paragraph Band: 
(1) 
The face value of the written instrument or the aggregate value of the 
instruments is more than $10,000. Violation of this subparagraph is a Class B 
cnme; 
(2) 
The face value of the written instrument or the aggregate value of the 
instruments is more than $1,000 but not more than $10,000. Violation of this 
subparagraph is a Class C crime; or 
(3) At the time of the forgery, the person has 2 or more prior convictions for any 
combination of the following 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; 
violation or attempted any violation of this section; any violation or attempted 
violation of section 401 if in which the intended crime withifl 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 er 
attempted violation of section 651; er any violation or attempted violation of 
section 702 or 708; or attempts to commit any of these crimes. 
Section 9-A 
govems the use of prior convictions when determining a sentence. Violation of 
this subparagraph is a Class C crime. 
Sec. 28. 17-A MRSA §708, sub-§l, ~B, as amended by PL 2001, c. 667, Pt. D, 
§ 15 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The face value of the written instrument or the aggregate value of the 
instruments is more than $10,000. Violation of this subparagraph is a Class B 
cnme; 
(2) 
The face value of the written instrument or the aggregate value of the 
instruments is more than $1,000 but not more than $10,000. Violation of this 
subparagraph is a Class C crime; 
(3) The face value of the negotiable instrument is more than $500 but not more 
than $1,000. Violation of this subparagraph is a Class D crime; or 
(4) At the time of negotiating a worthless instrument, the person has 2 or more 
prior convictions for any combination of the following 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; violation or attempted any violation of this section; any 
violation or attempted violation of section 401 if in which the intended crime 
withifl 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 or attempted violation of section 651; er any violation er 
attempted violation of section 702 or +G& 703; or attempts to commit any of these 
crimes. Section 9-A governs the use of prior convictions when detennining a 
sentence. Violation of this subparagraph is a Class C crime. 
Sec. 29. 17-A MRS A §853-A, sub-§l, ~B, as enacted by PL 2001, c. 383, §99 
and affected by § 156, is amended to read: 
B. The person violates paragraph A and, at the time of the offense, the person has 
one or more prior conviction for engaging in prostitution convictions under this 
section or for engaging in substantially similar conduct to that contained in this 
section in another jurisdiction. Section 9-A governs the use of prior convictions 
when detennining a sentence, except that, for the purposes of this paragraph, the date 
of the prior conviction may not precede the commission of the offense by more than 2 
years. Violation of this paragraph is a Class D crime. 
Sec. 30. 17-A MRS A §853-B, sub-§l,~, as enacted by PL 2001, c. 383, §102 
and affected by § 156, is amended to read: 
B. The person violates paragraph A and, at the time of the offense, the person has 
one or more prior conviction for engaging a prostitute convictions under this section 
or for engaging in substantially similar conduct to that contained in this section in 
another jurisdiction. 
Section 9-A governs the use of prior convictions when 
detennining a sentence, except that, for the purposes of this paragraph, the date of the 
prior conviction may not precede the commission of the offense by more than 2 
years. Violation of this paragraph is a Class D crime. 
Sec.31. 17-A MRS A §854, sub-§l, ~A, as amended by PL 2001, c. 383, §105 
and affected by § 156, is further amended to read: 
A. In a public place: 
(1) The actor engages in a sexual act, as defined in section 251. Violation of this 
subparagraph is a Class E crime; 
(2) The actor knowingly exposes the actor's genitals under circumstances that in 
fact are likely to cause affront or alann. Violation of this subparagraph is a Class 
E crime; 
(3) 
The actor violates subparagraph (1) and the actor has 2 or more prior 
convictions for violation of any combination of the following: 
violating this 
section or section 256 or for engaging in substantially similar conduct to that of 
the Maine offenses listed in this subparagraph in another jurisdiction. Section 9-
A governs the use of prior convictions when detennining a sentence. Violation 
of this subparagraph is a Class D crime; or 
(4) 
The actor violates subparagraph (2) and the actor has 2 or more prior 
convictions for violation of any combination of the following: 
violating this 
section or section 256 or for engaging in substantially similar conduct to that of 
the Maine offenses listed in this subparagraph in another jurisdiction. Section 9-
A governs the use of prior convictions when detennining a sentence. Violation 
of this subparagraph is a Class D crime; 
1 
Sec. 32. 17-A MRSA §854, sub-§l, ~, as enacted by PL 2001, c. 383, §105 
and affected by § 156, is amended to read: 
D. The actor violates paragraph B and the actor has 2 or more prior convictions for 
violation of any combination of the following: violating this section or section 256 or 
for engaging in substantially similar conduct to that of the Maine offenses listed in 
this paragraph in another jurisdiction. 
Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class D 
crime; or 
Sec. 33. 17-A MRSA §854, sub-§l, ~E, as enacted by PL 2001, c. 383, §105 
and affected by § 156, is amended to read: 
E. The actor violates paragraph C and the actor has 2 or more prior convictions for 
violation of any combination of the following: violating this section or section 256 or 
for engaging in substantially similar conduct to that of the Maine offenses listed in 
this paragraph in another jurisdiction. 
Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class D 
cnme. 
Sec. 34. 17-A MRSA §908, sub-§l, ~F, as enacted by PL 2001, c. 383, §110 and 
affected by § 156, is amended to read: 
F. Violates paragraph A and the person has 2 or more prior MaiRe convictions fef 
violation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
cnme; 
Sec. 35. 17-A MRSA §908, sub-§l, ~G, as enacted by PL 2001, c. 383, §110 
and affected by § 156, is amended to read: 
G. Violates paragraph B and the person has 2 or more prior MaiRe convictions fef 
violation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
crime; 
Sec. 36. 17-A MRS A §908, sub-§l, ~H, as enacted by PL 2001, c. 383, §110 
and affected by § 156, is amended to read: 
H. Violates paragraph C and the person has 2 or more prior MaiRe convictions fef 
violation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
cnme; 
Sec. 37. 17-A MRSA §908, sub-§l, ~I, as enacted by PL 2001, c. 383, §110 and 
affected by § 156, is amended to read: 
Pa&::: :2 - 123LRH82(OlH 
1. Violates paragraph D and the person has 2 or more prior Maffie convictions fuf 
violation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
crime; or 
Sec. 38. 17-A MRSA §908, sub-§l, ~J, as enacted by PL 2001, c. 383, §110 and 
affected by § 156, is amended to read: 
J. Violates paragraph E and the person has 2 or more prior MatHe convictions fuf 
violation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
crime. 
Sec. 39. 17-A MRS A §1105-A, sub-§l, ~, as enacted by PL 2001, c. 383, 
§ 119 and affected by § 156, is amended to read: 
B. At the time of the offense, the person has been convicted of an offense under this 
chapter punishable by a tenn of imprisonment of more than one year or under any 
law of the United States, of another state or of a foreign country relating to scheduled 
drugs, as defined in this chapter, and punishable by a tenn of imprisonment of more 
than one year one or more prior convictions for any Class A, B or C offense under 
this chapter or for engaging in substantially similar conduct to that of the Class A, B 
or C offenses under this chapter in another jurisdiction and the drug is: 
(1) A schedule W drug. Violation of this subparagraph is a Class A crime; 
(2) 
Marijuana in a quantity of 20 pounds or more. 
Violation of this 
subparagraph is a Class A crime; 
(3) A schedule X drug. Violation of this subparagraph is a Class B crime; 
(4) 
Marijuana in a quantity of more than one pound. 
Violation of this 
subparagraph is a Class B crime; 
(5) A schedule Y drug. Violation of this subparagraph is a Class C crime; or 
(6) A schedule Z drug. Violation of this subparagraph is a Class C crime. 
Section 9-A governs the use of prior convictions when determining a sentence, except 
that, for the purposes of this paragraph, the date of each prior conviction may precede 
the commission of the offense being enhanced by more than 10 years; 
Sec. 40. 17-A MRS A §1105-B, sub-§l, ~, as amended by PL 2003, c. 476, §3, 
is further amended to read: 
B. At the time of the offense, the person has been convicted of any offense under this 
chapter flunishable by a terHl of imflrisom:neffi of more thaR ORe year or uRder aRY 
law of the URited States, of aRother state or of a foreigR cotlffiry relatiRg to schedtlled 
drugs or cmmterfeit dmgs, as deHRes iR this chaj')ter, aRd flunishable by a tenn of 
irnprisonment of more thaR ORe year one or more prior convictions for any Class A, B 
or C offense under this chapter or for engaging in substantially similar conduct to that 
of the Class A, B or C offenses under this chapter in another jurisdiction. Section 9-
A governs the use of prior convictions when determining a sentence, except that, for 
the purposes of this paragraph, the date of each prior conviction may precede the 
commission of the offense being enhanced by more than 10 years; 
Sec. 41. 17-A MRS A §1105-C, sub-§l, ~, as enacted by PL 2001, c. 383, 
§ 119 and affected by § 156, is further amended to read: 
B. At the time of the offense, the person has been oonvioted of any offense under this 
chapter punishable by a tenn of imprisonment of more than one year or under any 
law of the United States, of another state or of a foreign country relating to soheduled 
drugs, as defined in this ohapter, and punishable by a tenn of imprisonment of more 
1 
than one year one or more prior convictions for any Class A, B or C offense under 
this chapter or for engaging in substantially similar conduct to that of the Class A, B 
or C offenses under this chapter in another jurisdiction and the drug is: 
(1) A schedule W drug. Violation of this subparagraph is a Class B crime; 
(2) A schedule X drug. Violation of this subparagraph is a Class C crime; 
(3) A schedule Y drug. Violation of this subparagraph is a Class C crime; or 
(4) A schedule Z drug. Violation of this subparagraph is a Class C crime. 
Section 9-A governs the use of prior convictions when determining a sentence, except 
that, for the purposes of this paragraph, the date of each prior conviction may precede 
the commission of the offense being enhanced by more than 10 years; 
Sec. 42. 17-A MRSA §1105-D, sub-§l, ~A, as enacted by PL 2001, c. 383, 
§ 119 and affected by § 156, is amended to read: 
A. At the time of the offense, the person has been oonvioted of any offense under this 
ohapter punishable by a tenn of imprisonment of more than one year or under any 
lavl of the United States, of another state or of a foreign country relating to scheduled 
drugs, as defined in this chapter, and punishable by a teRTI of imprisonment of more 
than one year one or more prior convictions for any Class A, B or C offense under 
this chapter or for engaging in substantially similar conduct to that of the Class A, B 
or C offenses under this chapter in another jurisdiction and the person grows or 
cultivates: 
(1) Five hundred or more marijuana plants. Violation of this subparagraph is a 
Class A crime; 
(2) One hundred or more but fewer than 500 marijuana plants. Violation of this 
subparagraph is a Class B crime; 
(3) 
More than 5 but fewer than 100 marijuana plants. 
Violation of this 
subparagraph is a Class C crime; or 
(4) Five or fewer marijuana plants. Violation of this subparagraph is a Class D 
cnme. 
Section 9-A governs the use of prior convictions when detennining a sentence, except 
that, for the purposes of this paragraph, the date of each prior conviction may precede 
the commission of the offense being enhanced by more than 10 years; 
Sec. 43. 17-A MRSA §1107-A, sub-§l,~, as amended by PL 2005, c. 442, §I, 
is further amended to read: 
B. A schedule W drug that is: 
(l) Heroin ( diacetylmorphine); 
(2) Cocaine in the fonn of cocaine base and at the time of the offense the person 
has been convicted of one or more prior convictions for any offense under this 
chapter or under any la"v of the United States, another state or a foreign country 
relating to scheduled drugs, as defined in this chapter for engaging in 
substantially similar conduct to that of the Maine offenses under this chapter in 
another jurisdiction. 
For the purposes of this paragraph, a person has been 
convicted of an offense on the date the judgment of conviction was entered by the 
court; 
(3) Methamphetamine; 
(4) Oxycodone; 
(5) Hydrocodone; or 
(6) Hydromorphone. 
Violation of this paragraph is a Class C crime; 
Sec. 44. 17-A MRSA §l1l1-A, sub-§3,~, as enacted by PL 1981, c. 266, is 
amended to read: 
B. Prier One or more prior convictions, if any, of an owner, or of anyone in control 
of the object, under any state or federal la'tl,' relating to any scheduled drug for any 
offense under this chapter or for engaging in substantially similar conduct to that of 
the Maine offenses under this chapter in another jurisdiction; 
Sec. 45. 17-A MRSA §1252, sub-§4-A, as amended by PL 2005, c. 527, § 18, is 
further amended to read: 
4-A. If the State pleads and proves that, at the time any crime, excluding murder, 
under chapter 9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A 
or 752-C was committed, the defendant had been convicted of 2 or more crimes violating 
prior convictions under chapter 9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; 
or section 752-A or 752-C or essentially for engaging in substantially similar erimes 
conduct in other jurisdictions another jurisdiction, the sentencing class for the crime is 
one class higher than it would otherwise be. 
In the case of a Class A crime, the 
sentencing class is not increased, but the prior record must be given serious consideration 
by the court when imposing a sentence. Section 9-A governs the use of prior convictions 
when detennining a sentence, except that, for the purposes of this subsection, for 
violations under chapter 11, the dates of prior convictions may have occurred at any time. 
This subsection does not apply to section 210-A if the prior convictions have already 
Page IS - 123LR1482(Ol)-1 
served to enhance the sentencing class under section 21O-A, subsection 1, paragraph C or 
any other offense in which prior convictions have already served to enhance the 
sentencing class. 
Sec. 46. 17-A MRSA §1252, sub-§4-B, as amended by PL 2005, c. 527, §I9, is 
further amended to read: 
4-8. If the State pleads and proves that the defendant is a repeat sexual assault 
offender, the court, notwithstanding subsection 2, may set a definite period of 
imprisonment for any term of years. 
A. 
As used in this section, "repeat sexual assault offender" means a person who 
commits a new gross sexual assault after having been convicted previously and 
sentenced for any of the following: 
(1) Gross sexual assault, formerly denominated as gross sexual misconduct; 
(2) Rape; 
(3) Attempted murder accompanied by sexual assault; 
(4) Murder accompanied by sexual assault; or 
(5) Conduct substantially similar to a crime listed in subparagraph (l), (2), (3) or 
l7 
(4) that is a crime under the laws of the United States or any other state another 
jurisdiction. 
The date of sentencing is the date of the oral pronouncement of the sentence by the 
trial court, even if an appeal is taken. 
B. 
"Accompanied by sexual assault" as used with respect to attempted murder, 
murder and crimes involving substantially similar conduct in other jurisdictions 
another jurisdiction is satisfied if it was definitionally an element of the crime or was 
pleaded and proved beyond a reasonable doubt at trial by the State or ether another 
jurisdiction. 
SUMMARY 
This bill is proposed by the Criminal Law Advisory Commission. The bill adds a 
definition for "another jurisdiction" in subsection 3-B of section 2 of the Maine Criminal 
Code, so that this term has consistent meaning throughout the code. 
"Another 
jurisdiction" means the Federal Government, the United States military, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the 
Passamaquoddy Tribe and the Penobscot Nation when a tribe has acted pursuant to the 
Maine Revised Statutes, Title 30, section 6209-A, subsection 1, paragraph A or Band 
Title 30, section 6209-B, subsection 1, paragraph A or B, respectively. 
"Another 
jurisdiction" does not include any foreign country. The bill also amends various crimes 
and sentencing provisions by replacing inconsistent terminology with the new term 
"another jurisdiction." 
Without modifying either the number of prior convictions currently required or the 
currently qualifying Maine convictions, the bill· amends various crimes and sentencing 
provisions so that prior convictions uniformly include both the specifically identified 
Maine convictions as well as convictions for engaging in substantially similar conduct in 
another jurisdiction. 
The bill replaces in numerous Title 17-A, chapter 45 drug provisions "convicted of an 
offense under this chapter punishable by a term of imprisonment of more than one year" 
with "one or more prior convictions for a Class A, B or C offense under this chapter" to 
clarify that the qualifying Maine chapter 45 convictions include Class C crimes. The bill 
also replaces in numerous chapter 45 provisions "convicted of an offense under any law 
of the United States, of another state or of a foreign country relating to scheduled drugs, 
as defined by this chapter, and punishable by a term of imprisonment of more than one 
year" with "convicted of engaging in substantially similar conduct to that of the Class A, 
B or C offenses under this chapter or another jurisdiction."