An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol Overdose
Maine Legislature, Session 127, LD 0263
Committee: Judiciary
Sponsors: MAKER, BRAKEY, DAUGHTRY, DION, EDGECOMB, POULIOT, TIPPING-SPITZ, WHITE, BAKER, MASON
Amends: 28-A MRSA §2051, 28-A MRSA §2087

Legislative Document 
No. 263 
H.P. 181 
House of Representatives, February 5, 2015 
An Act To Provide a Minor with a Defense to Prosecution in a 
Situation That Involves Risk of Alcohol Overdose 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MAKER of Calais. 
Cosponsored by Senator BRAKEY of Androscoggin and 
Representatives: DAUGHTRY of Brunswick, DION of Portland, EDGECOMB of Fort 
Fairfield, POULIOT of Augusta, TIPPING-SPITZ of Orono, WHITE of Washburn, Senators: 
BAKER of Sagadahoc, MASON of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §2051, sub-§6 is enacted to read: 
6.  Defense.  It is a defense to prosecution under subsection 1 that a minor in a 
situation that involved risk to the minor or to another person of overdose from the 
consumption of alcohol, including but not limited to extreme physical illness, decreased 
level of consciousness, respiratory depression, coma, mania or death from the 
consumption of alcohol, in good faith sought medical or emergency treatment or 
assistance for the minor or the other person or that the minor was the person for whom 
medical or emergency treatment or assistance was sought and the evidence of the 
violation of this section is obtained as a result of the minor contacting emergency medical 
services or law enforcement.  This subsection does not provide a defense to a charge of 
operating a motor vehicle while under the influence of alcohol. 
Sec. 2.  28-A MRSA §2087, sub-§3 is enacted to read: 
3.  Defense.  It is a defense to prosecution under subsection 1 that a minor in a 
situation that involved risk to the minor or to another person of overdose from the 
consumption of alcohol, including but not limited to extreme physical illness, decreased 
level of consciousness, respiratory depression, coma, mania or death from the 
consumption of alcohol, in good faith sought medical or emergency treatment or 
assistance for the minor or the other person or that the minor was the person for whom 
medical or emergency treatment or assistance was sought and the evidence of the 
violation of this section is obtained as a result of the minor contacting emergency medical 
services or law enforcement.  This subsection does not provide a defense to a charge of 
operating a motor vehicle while under the influence of alcohol. 
SUMMARY 
This bill provides a defense to prosecution for a crime related to the consumption of 
alcohol by a person under 21 years of age or refusal to provide proper identification for a 
minor who, in a situation that involved risk to the minor or another person of overdose 
from the consumption of alcohol, in good faith sought medical or emergency treatment or 
assistance for the minor or the other person or that the minor was the person for whom 
treatment or assistance was sought and the evidence of the crime is obtained as a result of 
the minor contacting emergency medical services or law enforcement.  This bill does not 
provide a defense to a charge of operating a motor vehicle while under the influence of 
alcohol.