reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §9-A. Allegation of prior conviction when sentence enhanced

§9-A. Allegation of prior conviction when sentence enhanced
1.
Except as otherwise provided by law, a prior conviction must be specially alleged if the sentencing provision of a crime requires that a present sentence be enhanced because the person has been previously convicted of a specified crime. For the purpose of this section, a sentence is enhanced only if the maximum sentence that may be imposed is increased or a mandatory minimum nonsuspendable sentence must be imposed. The Supreme Judicial Court shall provide by rule the manner of alleging the prior conviction in a charging instrument and conditions for using that prior conviction at trial.
[PL 1999, c. 196, §2 (NEW).]
2.
Proof that the name and date of birth of the person charged with the current principal offense are the same as those of the person who has been convicted of the prior offense gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with the current principal offense is the same person as that person convicted of the prior offense.
[PL 2001, c. 383, §3 (AMD); PL 2001, c. 383, §156 (AFF).]
3.
Prior convictions may be considered for purposes of enhancing a present sentence if the date of each prior conviction precedes the commission of the offense being enhanced by no more than 10 years, except as otherwise provided by law. More than one prior conviction may have occurred on the same day. The date of conviction is deemed to be the date that the sentence is imposed, even though an appeal was taken.
[PL 2001, c. 383, §4 (NEW); PL 2001, c. 383, §156 (AFF).]
4.
Proof of the date stated in a complaint, information, indictment or other formal charging instrument gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such a date is the date the offense was committed, notwithstanding the use of the words "on or about" or the equivalent. The convictions of 2 or more prior offenses that were committed within a 3-day period are considered a single conviction for purposes of this section.
[PL 2001, c. 383, §4 (NEW); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1999, c. 196, §2 (NEW). PL 2001, c. 383, §§3,4 (AMD). PL 2001, c. 383, §156 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §10. Definitions of culpable states of mind (REPEALED)

§10. Definitions of culpable states of mind
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §18 (AMD). PL 1977, c. 510, §§20-23 (AMD). PL 1981, c. 324, §11 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §10-A. Jurisdiction over juveniles

§10-A. Jurisdiction over juveniles
1.
A criminal proceeding may not be commenced against any person who had not attained 18 years of age at the time of the alleged crime, except as the result of a finding of probable cause authorized by Title 15, section 3101, subsection 4, or in regard to the offenses over which juvenile courts have no jurisdiction, as provided in Title 15, section 3101, subsection 2.
[PL 2007, c. 173, §6 (AMD).]
2.
When it appears that the defendant's age, at the time the crime charged was committed, may have been such that the court lacks jurisdiction by reason stated in subsection 1, the court shall hold a hearing on the matter and the burden shall be on the State to establish the court's jurisdiction, as defined by subsection 1, by a preponderance of the evidence.
[PL 1981, c. 324, §12 (NEW).]
SECTION HISTORY
PL 1981, c. 324, §12 (NEW). PL 2007, c. 173, §6 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §11. Requirement of culpable mental states; liability without culpability (REPEALED)

§11. Requirement of culpable mental states; liability without culpability
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §19 (AMD). PL 1981, c. 317, §5 (AMD). PL 1981, c. 324, §13 (RP). PL 1981, c. 470, §§B5,7-A (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §12. De minimis infractions

§12. De minimis infractions
1.
The court may dismiss a prosecution if, upon notice to or motion of the prosecutor and opportunity to be heard, having regard to the nature of the conduct alleged and the nature of the attendant circumstances, it finds the defendant's conduct:
A. Was within a customary license or tolerance, which was not expressly refused by the person whose interest was infringed and which is not inconsistent with the purpose of the law defining the crime; or   [PL 1975, c. 499, §1 (NEW).]
B. Did not actually cause or threaten the harm sought to be prevented by the law defining the crime or did so only to an extent too trivial to warrant the condemnation of conviction; or   [PL 1975, c. 499, §1 (NEW).]
C. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in defining the crime.   [PL 1975, c. 499, §1 (NEW).]
[PL 1975, c. 499, §1 (NEW).]
2.
The court shall not dismiss a prosecution under this section without filing a written statement of its reasons.
[PL 1975, c. 499, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §13. Other offenses

§13. Other offenses
1.
The existence of a crime other than the one charged, but based on the same conduct or arising from the same criminal episode, for which a person may be prosecuted, whether that crime is a lesser or greater crime as to elements or sentencing classification, shall not preclude prosecution for the offense charged unless a contrary legislative intent plainly appears.
[PL 1975, c. 740, §20 (NEW).]
2.
[PL 1979, c. 512, §20 (RP).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §20 (RPR). PL 1979, c. 512, §20 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §13-A. Included offenses

§13-A. Included offenses
1.
The court shall not instruct the jury to consider, nor shall the court as factfinder consider, a lesser included offense, as defined in subsection 2, unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense. If a rational basis exists, the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter within the discretion of the court.
[PL 1979, c. 512, §21 (NEW).]
2.
For purposes of this section, a lesser included offense is an offense carrying a lesser penalty which:
A. As legally defined, must necessarily be committed when the offense or alternative thereof actually charged, as legally defined, is committed. If the lesser offense is defined in a manner that it may be committed in alternative ways, each alternative which meets the above definition shall be deemed to be a lesser included offense. Facts which are a basis for sentencing classification of either the crime charged or the lesser crime shall be considered alternatives of those crimes;   [PL 1979, c. 512, §21 (NEW).]
B. Meets the requirements of paragraph A, except that a culpable state of mind is required which is different than that charged but which results in lesser criminal liability; or   [PL 1979, c. 512, §21 (NEW).]
C. Is by statute expressly declared to be charged when the greater offense is charged.   [PL 1979, c. 512, §21 (NEW).]
[PL 1979, c. 512, §21 (NEW).]
3.
The court in its discretion may instruct the jury to consider, or may as factfinder consider, any other offense or another alternative of the offense charged, although that other offense or alternative is not a lesser included offense, if:
A. On the basis of the evidence, there is a rational basis for finding the defendant guilty of the other offense;   [PL 1979, c. 512, §21 (NEW).]
B. The other offense does not carry a greater penalty than the offense charged;   [PL 1979, c. 512, §21 (NEW).]
C. Both the State and the defendant consent to the consideration of the other offenses by the factfinder; and   [PL 1979, c. 512, §21 (NEW).]
D. The defendant waives any applicable right to an indictment for the other offense.   [PL 1979, c. 512, §21 (NEW).]
When the other offense is defined in such a manner that it may be committed in alternative ways, the court may instruct the jury to consider, or may as factfinder consider, any alternative which meets the requirements of this subsection.
[PL 1979, c. 512, §21 (NEW).]
SECTION HISTORY
PL 1979, c. 512, §21 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §14. Separate trials

§14. Separate trials
A defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses were known to the appropriate prosecuting officer at the time of the commencement of the first trial and were within the jurisdiction of the same court and within the same venue, unless the court, on application of the prosecuting attorney or of the defendant or on its own motion, orders any such charge to be tried separately if it is satisfied that justice so requires.   [PL 1975, c. 740, §21 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §21 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §16. Warrantless arrests by a private person

§16. Warrantless arrests by a private person
Except as otherwise specifically provided, a private person has the authority to arrest without a warrant:   [PL 2007, c. 173, §7 (AMD).]
1.
Any person who the private person has probable cause to believe has committed or is committing:
A. Murder; or   [PL 1977, c. 510, §25 (RPR).]
B. Any Class A, Class B or Class C crime.   [PL 1975, c. 740, §22 (NEW).]
[PL 2007, c. 173, §7 (AMD).]
2.
Any person who, in fact, is committing in the private person's presence and in a public place any of the Class D or Class E crimes described in section 207; 209; 211; 254; 255‑A; 501‑A, subsection 1, paragraph B; 503; 751; 806; or 1002.
A. [PL 2007, c. 466, Pt. B, §11 (RP); PL 2007, c. 466, Pt. B, §12 (AFF).]
[PL 2007, c. 518, §5 (AMD).]
3.
For the purposes of subsection 2, in the presence has the same meaning given in section 15, subsection 2.
[PL 1975, c. 740, §22 (NEW).]
SECTION HISTORY
PL 1975, c. 740, §22 (NEW). PL 1977, c. 510, §25 (AMD). PL 1979, c. 127, §125 (AMD). PL 2007, c. 144, §1 (AMD). PL 2007, c. 173, §7 (AMD). PL 2007, c. 466, Pt. B, §11 (AMD). PL 2007, c. 466, Pt. B, §12 (AFF). PL 2007, c. 518, §5 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §18. Homelessness crisis protocol

§18. Homelessness crisis protocol
A person who lacks a home who commits a listed offense because the person lacks a home must be treated in accordance with the homelessness crisis protocol adopted by the responding law enforcement agency under subsection 2.   [PL 2021, c. 393, §1 (NEW).]
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Law enforcement agency" has the same meaning as in Title 25, section 3701, subsection 1.   [PL 2021, c. 393, §1 (NEW).]
B. "Listed offense" means:
(1) Criminal trespass in violation of section 402, subsection 1, paragraph C or F;
(2) Disorderly conduct in violation of section 501‑A, subsection 1, paragraph A;
(3) Indecent conduct in violation of section 854 that is based on urinating in public;
(4) Possession of a scheduled drug in violation of chapter 45 that is based on using the scheduled drug; or
(5) Public drinking in violation of Title 17, section 2003‑A, subsection 2.   [PL 2021, c. 393, §1 (NEW).]
[PL 2021, c. 393, §1 (NEW).]
2.  Adoption of homelessness crisis protocol.
This subsection governs the adoption of homelessness crisis protocols by the Attorney General and law enforcement agencies. A homelessness crisis protocol must include access and referral to crisis services, mental health and substance use disorder professionals, emergency and transitional housing and case management services.
A. By January 1, 2022, the Attorney General shall adopt a model homelessness crisis protocol.
Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 393, §1 (NEW).]
B. By March 1, 2022, all law enforcement agencies shall adopt homelessness crisis protocols. The protocol of a law enforcement agency may, but is not required to, conform to the protocol adopted by the Attorney General.   [PL 2021, c. 393, §1 (NEW).]
[PL 2021, c. 393, §1 (NEW).]
3.  Law enforcement response to a listed offense by a person who lacks a home.
A law enforcement officer who responds to a call regarding or encounters a person who is committing or has committed a listed offense shall inquire whether the person has a home or lacks a home. If the person lacks a home, the law enforcement officer shall respond to the person using the homelessness crisis protocol adopted by the officer's law enforcement agency under subsection 2.
[PL 2021, c. 393, §1 (NEW).]
Revisor's Note: §18. Crimes involving minors (As enacted by PL 2021, c. 447, §1 is REALLOCATED TO TITLE 17-A, SECTION 19)
SECTION HISTORY
PL 2021, c. 393, §1 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 1: PRELIMINARY › 17-A §19. Crimes involving minors (REALLOCATED FROM TITLE 17-A, SECTION 18 )

§19. Crimes involving minors
(REALLOCATED FROM TITLE 17-A, SECTION 18 )
A person who poses as a minor is deemed a minor for the purposes of a crime under chapter 11, 12 or 35 that has as an element or aggravating factor that the victim or person other than the actor is a minor.   [PL 2021, c. 447, §1 (NEW); RR 2021, c. 1, Pt. A, §12 (RAL).]
SECTION HISTORY
PL 2021, c. 447, §1 (NEW). RR 2021, c. 1, Pt. A, §12 (RAL).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §31. Voluntary conduct (REPEALED)

§31. Voluntary conduct
(REPEALED)
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 1999, c. 195, §1 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §32. Elements of crimes defined

§32. Elements of crimes defined
A person may not be convicted of a crime unless each element of the crime is proved by the State beyond a reasonable doubt. "Element of the crime" means the forbidden conduct; the attendant circumstances specified in the definition of the crime; the intention, knowledge, recklessness or negligence as may be required; and any required result.   [PL 2007, c. 475, §9 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 2007, c. 475, §9 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §33. Result as an element; causation

§33. Result as an element; causation
1.
Unless otherwise provided, when causing a result is an element of a crime, causation may be found when the result would not have occurred but for the conduct of the defendant, operating either alone or concurrently with another cause.
[PL 2017, c. 432, Pt. C, §1 (NEW).]
2.
In cases in which concurrent causation is generated as an issue, the defendant’s conduct must also have been sufficient by itself to produce the result.
[PL 2017, c. 432, Pt. C, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 2017, c. 432, Pt. C, §1 (RPR).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §35. Definitions of culpable states of mind

§35. Definitions of culpable states of mind
1.  "Intentionally."
A. A person acts intentionally with respect to a result of the person's conduct when it is the person's conscious object to cause such a result.   [PL 2007, c. 173, §8 (AMD).]
B. A person acts intentionally with respect to attendant circumstances when the person is aware of the existence of such circumstances or believes that they exist.   [PL 2007, c. 173, §8 (AMD).]
[PL 2007, c. 173, §8 (AMD).]
2.  "Knowingly."
A. A person acts knowingly with respect to a result of the person's conduct when the person is aware that it is practically certain that the person's conduct will cause such a result.   [PL 2007, c. 173, §8 (AMD).]
B. A person acts knowingly with respect to attendant circumstances when the person is aware that such circumstances exist.   [PL 2007, c. 173, §8 (AMD).]
[PL 2007, c. 173, §8 (AMD).]
3.  "Recklessly."
A. A person acts recklessly with respect to a result of the person's conduct when the person consciously disregards a risk that the person's conduct will cause such a result.   [PL 2007, c. 173, §8 (AMD).]
B. A person acts recklessly with respect to attendant circumstances when the person consciously disregards a risk that such circumstances exist.   [PL 2007, c. 173, §8 (AMD).]
C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.   [PL 2007, c. 173, §8 (AMD).]
[PL 2007, c. 173, §8 (AMD).]
4.  "Criminal negligence."
A. A person acts with criminal negligence with respect to a result of the person's conduct when the person fails to be aware of a risk that the person's conduct will cause such a result.   [PL 2007, c. 173, §8 (AMD).]
B. A person acts with criminal negligence with respect to attendant circumstances when the person fails to be aware of a risk that such circumstances exist.   [PL 2007, c. 173, §8 (AMD).]
C. For purposes of this subsection, the failure to be aware of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.   [PL 2007, c. 173, §8 (AMD).]
[PL 2007, c. 173, §8 (AMD).]
5.  "Culpable."
A person acts culpably when the person acts with the intention, knowledge, recklessness or criminal negligence as is required.
[PL 2007, c. 173, §8 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 2007, c. 173, §8 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §36. Ignorance or mistake

§36. Ignorance or mistake
1.
Evidence of ignorance or mistake as to a matter of fact or law may raise a reasonable doubt as to the existence of a required culpable state of mind.
[PL 1981, c. 324, §14 (NEW).]
2.
Ignorance or mistake as to a matter of fact or law is a defense only if the law provides that the state of mind established by such ignorance or mistake constitutes a defense.
[PL 1981, c. 324, §14 (NEW).]
3.
Although ignorance or mistake would otherwise afford a defense to the crime charged, the defense is not available if the defendant would be guilty of another crime had the situation been as the defendant supposed.
[PL 2007, c. 173, §9 (AMD).]
4.
It is an affirmative defense if the defendant engages in conduct that the defendant believes does not legally constitute a crime if:
A. The statute violated is not known to the defendant and has not been published or otherwise reasonably made available prior to the conduct alleged; or   [PL 1981, c. 324, §14 (NEW).]
B. The defendant acts in reasonable reliance upon an official statement, afterward determined to be invalid or erroneous, contained in:
(1) A statute, ordinance or other enactment;
(2) A final judicial decision, opinion or judgment;
(3) An administrative order or grant of permission; or
(4) An official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the statute defining the crime. This subsection does not impose any duty to make any such official interpretation.   [PL 1981, c. 324, §14 (NEW).]
[PL 2007, c. 173, §10 (AMD).]
5.
A mistaken belief that facts exist which would constitute an affirmative defense is not an affirmative defense, except as otherwise expressly provided.
[PL 1981, c. 324, §14 (NEW).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 2007, c. 173, §§9, 10 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §37. Intoxication

§37. Intoxication
1.
Except as provided in subsection 2, evidence of intoxication may raise a reasonable doubt as to the existence of a required culpable state of mind.
[PL 1981, c. 324, §14 (NEW).]
2.
When recklessness establishes an element of the offense, if a person, due to self-induced intoxication, is unaware of a risk of which the person would have been aware had the person not been intoxicated, such unawareness is immaterial.
[PL 2007, c. 173, §11 (AMD).]
3.
As used in this section:
A. "Intoxication" means a disturbance of mental capacities resulting from the introduction of alcohol, drugs or similar substances into the body; and   [PL 1981, c. 324, §14 (NEW).]
B. "Self-induced intoxication" means intoxication caused when a person intentionally or knowingly introduces into the person's body substances that the person knows or ought to know tend to cause intoxication, unless the person introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime.   [PL 2007, c. 173, §12 (AMD).]
[PL 2007, c. 173, §12 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 2007, c. 173, §§11, 12 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §38. Mental abnormality

§38. Mental abnormality
Evidence of an abnormal condition of the mind may raise a reasonable doubt as to the existence of a required culpable state of mind.   [PL 1981, c. 324, §14 (NEW).]
An actor does not suffer from an abnormal condition of the mind based solely on the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the actor or in which the actor and victim dated or had a romantic or sexual relationship.   [PL 2019, c. 462, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 2019, c. 462, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §39. Insanity

§39. Insanity
1.
A defendant is not criminally responsible by reason of insanity if, at the time of the criminal conduct, as a result of mental disease or defect, the defendant lacked substantial capacity to appreciate the wrongfulness of the criminal conduct.
[PL 2005, c. 263, §5 (AMD).]
2.
As used in this section, "mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality. An abnormality manifested only by repeated criminal conduct or excessive use of alcohol, drugs or similar substances, in and of itself, does not constitute a mental disease or defect.
[PL 1985, c. 796, §5 (AMD).]
3.
Lack of criminal responsibility by reason of insanity is an affirmative defense.
[PL 2005, c. 263, §6 (NEW).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 1985, c. 796, §5 (AMD). PL 2005, c. 263, §§5,6 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES › 17-A §40. Procedure upon plea of not guilty coupled with plea of not criminally responsible by reason of insanity

§40. Procedure upon plea of not guilty coupled with plea of not criminally responsible by reason of insanity
1.
When the defendant enters a plea of not guilty together with a plea of not criminally responsible by reason of insanity, the defendant shall also elect whether the trial must be in 2 stages as provided for in this section, or a unitary trial in which both the issues of guilt and of insanity are submitted simultaneously to the jury. At the defendant's election, the jury must be informed that the 2 pleas have been made and that the trial will be in 2 stages.
[PL 2005, c. 263, §7 (AMD).]
2.
If a 2-stage trial is elected by the defendant, there must be a separation of the issue of guilt from the issue of insanity in the following manner.
A. The issue of guilt must be tried first and the issue of insanity tried only if the jury returns a verdict of guilty. If the jury returns a verdict of not guilty, the proceedings must terminate.   [PL 2005, c. 263, §7 (AMD).]
B. Evidence of mental disease or defect, as defined in section 39, subsection 2, is not admissible in the guilt or innocence phase of the trial for the purpose of establishing insanity. Such evidence must be admissible for that purpose only in the 2nd phase following a verdict of guilty.   [PL 2005, c. 263, §7 (AMD).]
[PL 2005, c. 263, §7 (AMD).]
3.
The issue of insanity must be tried before the same jury as tried the issue of guilt. Alternate jurors who were present during the first phase of the trial but who did not participate in the deliberations and verdict thereof may be substituted for jurors who did participate. The defendant may elect to have the issue of insanity tried by the court without a jury.
[PL 2005, c. 263, §7 (AMD).]
4.
If the jury in the first phase returns a guilty verdict, the trial must proceed to the 2nd phase. The defendant and the State may rely upon evidence admitted during the first phase or they may recall witnesses. Any evidence relevant to insanity is admissible. The order of proof must reflect that the defendant has the burden of establishing the defendant's lack of criminal responsibility by reason of insanity. The jury shall return a verdict that the defendant is criminally responsible or not criminally responsible by reason of insanity. If the defendant is found criminally responsible, the court shall sentence the defendant according to law.
[PL 2005, c. 263, §7 (AMD).]
5.
This section does not apply to cases tried before the court without a jury.
[PL 1981, c. 324, §14 (NEW).]
SECTION HISTORY
PL 1981, c. 324, §14 (NEW). PL 1985, c. 796, §6 (AMD). PL 2005, c. 263, §7 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §51. Basis for liability (REPEALED)

§51. Basis for liability
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §16 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §52. Ignorance and mistake (REPEALED)

§52. Ignorance and mistake
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §16 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §53. Immaturity (REPEALED)

§53. Immaturity
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1979, c. 127, §126 (AMD). PL 1981, c. 324, §17 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §54. Duress (REPEALED)

§54. Duress
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §18 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §55. Consent (REPEALED)

§55. Consent
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §18 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §56. Causation (REPEALED)

§56. Causation
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §18 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §57. Criminal liability for conduct of another; accomplices

§57. Criminal liability for conduct of another; accomplices
1.
A person may be guilty of a crime if it is committed by the conduct of another person for which the person is legally accountable as provided in this section.
[PL 2007, c. 173, §13 (AMD).]
2.
A person is legally accountable for the conduct of another person when:
A. Acting with the intention, knowledge, recklessness or criminal negligence that is sufficient for the commission of the crime, the person causes an innocent person, or a person not criminally responsible, to engage in such conduct; or   [PL 2007, c. 173, §13 (AMD).]
B. The person is made accountable for the conduct of such other person by the law defining the crime; or   [PL 2007, c. 173, §13 (AMD).]
C. The person is an accomplice of such other person in the commission of the crime, as provided in subsection 3.   [PL 2007, c. 173, §13 (AMD).]
[PL 2007, c. 173, §13 (AMD).]
3.
A person is an accomplice of another person in the commission of a crime if:
A. With the intent of promoting or facilitating the commission of the crime, the person solicits such other person to commit the crime, or aids or agrees to aid or attempts to aid such other person in planning or committing the crime. A person is an accomplice under this subsection to any crime the commission of which was a reasonably foreseeable consequence of the person's conduct; or   [PL 2007, c. 173, §13 (AMD).]
B. The person's conduct is expressly declared by law to establish the person's complicity.   [PL 2007, c. 173, §13 (AMD).]
[PL 2007, c. 173, §13 (AMD).]
4.
A person who is legally incapable of committing a particular crime may be guilty thereof if it is committed by the conduct of another person for which the person is legally accountable.
[PL 2007, c. 173, §13 (AMD).]
5.
Unless otherwise expressly provided, a person is not an accomplice in a crime committed by another person if:
A. The person is the victim of that crime;   [PL 2007, c. 173, §13 (AMD).]
B. The crime is so defined that it cannot be committed without the person's cooperation; or   [PL 2007, c. 173, §13 (AMD).]
C. The person terminates complicity prior to the commission of the crime by:
(1) Informing the person's accomplice that the person has abandoned the criminal activity; and
(2) Leaving the scene of the prospective crime, if the person is present thereat.   [PL 2007, c. 173, §13 (AMD).]
[PL 2007, c. 173, §13 (AMD).]
6.
An accomplice may be convicted on proof of the commission of the crime and of the accomplice's complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or is not subject to criminal prosecution pursuant to section 10-A, subsection 1, or has an immunity to prosecution or conviction, or has been acquitted.
[PL 2007, c. 173, §13 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §§25-A (AMD). PL 2007, c. 173, §13 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §58. Mental abnormality (REPEALED)

§58. Mental abnormality
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§23,24 (AMD). PL 1981, c. 324, §19 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §58-A. Intoxication (REPEALED)

§58-A. Intoxication
(REPEALED)
SECTION HISTORY
PL 1975, c. 740, §25 (NEW). PL 1977, c. 510, §§26,27 (AMD). PL 1981, c. 324, §20 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §59. Procedure upon plea of not guilty coupled with plea of not guilty by reason of insanity (REPEALED)

§59. Procedure upon plea of not guilty coupled with plea of not guilty by reason of insanity
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §28 (AMD). PL 1977, c. 671, §21 (AMD). PL 1981, c. 324, §21 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §60. Criminal liability of an organization

§60. Criminal liability of an organization
1.
An organization is guilty of a crime when:
A. It omits to discharge a specific duty of affirmative performance imposed on it by law, and the omission is prohibited by this code or by a statute defining a criminal offense outside of this code; or   [PL 1975, c. 499, §1 (NEW).]
B. The conduct or result specified in the definition of the crime is engaged in or caused by an agent of the organization while acting within the scope of the agent's office or employment.   [PL 2007, c. 173, §14 (AMD).]
[PL 2007, c. 173, §14 (AMD).]
2.
It is no defense to the criminal liability of an organization that the individual upon whose conduct the liability of the organization is based has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution.
[PL 1975, c. 499, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2007, c. 173, §14 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §61. Individual liability for conduct on behalf of organization

§61. Individual liability for conduct on behalf of organization
1.
An individual is criminally liable for any conduct the individual performs in the name of an organization or in its behalf to the same extent as if it were performed in the individual's own name or behalf. Such an individual must be sentenced as if the conduct had been performed in the individual's own name or behalf.
[PL 2007, c. 173, §15 (AMD).]
2.
If a criminal statute imposes a duty to act on an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable if the agent recklessly omits to perform the required act, and the agent must be sentenced as if the duty were imposed by law directly upon the agent.
[PL 2007, c. 173, §15 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2007, c. 173, §15 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 3: CRIMINAL LIABILITY OF ACCOMPLICES, ORGANIZATIONS AND PLANTS › 17-A §62. Military orders (REPEALED)

§62. Military orders
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §22 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §101. General rules for defenses and affirmative defenses; justification

§101. General rules for defenses and affirmative defenses; justification
1.
The State is not required to negate any facts expressly designated as a "defense," or any exception, exclusion or authorization that is set out in the statute defining the crime by proof at trial, unless the existence of the defense, exception, exclusion or authorization is in issue as a result of evidence admitted at the trial that is sufficient to raise a reasonable doubt on the issue, in which case the State must disprove its existence beyond a reasonable doubt. This subsection does not require a trial court to instruct on an issue that has been waived by the defendant. The subject of waiver is addressed by the Maine Rules of Unified Criminal Procedure.
[PL 2015, c. 431, §35 (AMD).]
2.
Where the statute explicitly designates a matter as an "affirmative defense," the matter so designated must be proved by the defendant by a preponderance of the evidence.
[PL 1981, c. 324, §24 (RPR).]
3.
Conduct that is justifiable under this chapter constitutes a defense to any crime; except that, if a person is justified in using force against another, but the person recklessly injures or creates a risk of injury to 3rd persons, the justification afforded by this chapter is unavailable in a prosecution for such recklessness. If a defense provided under this chapter is precluded solely because the requirement that the person's belief be reasonable has not been met, the person may be convicted only of a crime for which recklessness or criminal negligence suffices.
[PL 2007, c. 475, §10 (AMD).]
4.
The fact that conduct may be justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.
[PL 1981, c. 324, §24 (NEW).]
5.
For purposes of this chapter, use by a law enforcement officer, a corrections officer or a corrections supervisor of the following is use of nondeadly force:
A. Chemical mace or any similar substance composed of a mixture of gas and chemicals that has or is designed to have a disabling effect upon human beings; or   [PL 2009, c. 336, §5 (NEW).]
B. A less-than-lethal munition that has or is designed to have a disabling effect upon human beings. For purposes of this paragraph, "less-than-lethal munition" means a low-kinetic energy projectile designed to be discharged from a firearm that is approved by the Board of Trustees of the Maine Criminal Justice Academy.   [PL 2009, c. 336, §5 (NEW).]
[PL 2009, c. 336, §5 (RPR).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 324, §24 (RPR). PL 1997, c. 185, §1 (AMD). PL 1999, c. 358, §1 (AMD). PL 2001, c. 386, §1 (AMD). PL 2007, c. 475, §10 (AMD). PL 2009, c. 336, §5 (AMD). PL 2015, c. 431, §35 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §102. Public duty

§102. Public duty
1.
Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing the execution of legal process or of military duty; and the judgments or orders of courts or other public tribunals.
[PL 1975, c. 499, §1 (NEW).]
2.
The justification afforded by this section to public servants is not precluded:
A. By the fact that the law, order or process was defective provided it appeared valid on its face and the defect was not knowingly caused or procured by such public servant; or,   [PL 1975, c. 499, §1 (NEW).]
B. As to persons assisting public servants, by the fact that the public servant to whom assistance was rendered exceeded the public servant's legal authority or that there was a defect of jurisdiction in the legal process or decree of the court or tribunal, provided the person believed the public servant to be engaged in the performance of the public servant's duties or that the legal process or court decree was competent.   [PL 2007, c. 173, §16 (AMD).]
[PL 2007, c. 173, §16 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2007, c. 173, §16 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §102-A. Military orders

§102-A. Military orders
1.
It is a defense if the person engaged in the conduct charged to constitute a crime in obedience to an order of the person's superior in the armed services that the person did not know to be unlawful.
[PL 2007, c. 173, §17 (AMD).]
2.
If the person was reckless in failing to know the unlawful nature of such an order, the defense is unavailable in a prosecution for a crime for which recklessness suffices to establish liability.
[PL 2007, c. 173, §17 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §25 (NEW). PL 2007, c. 173, §17 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §103. Competing harms

§103. Competing harms
1.
Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute.
[PL 2007, c. 173, §18 (AMD).]
2.
When the person was reckless or criminally negligent in bringing about the circumstances requiring a choice of harms or in appraising the necessity of the person's conduct, the justification provided in subsection 1 does not apply in a prosecution for any crime for which recklessness or criminal negligence, as the case may be, suffices to establish criminal liability.
[PL 2007, c. 173, §18 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2007, c. 173, §18 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §103-A. Duress

§103-A. Duress
1.
It is a defense that, when a person engages in conduct that would otherwise constitute a crime, the person is compelled to do so by threat of imminent death or serious bodily injury to that person or another person or because that person was compelled to do so by force.
[PL 2007, c. 173, §19 (AMD).]
2.
For purposes of this section, compulsion exists only if the force, threat or circumstances are such as would have prevented a reasonable person in the defendant's situation from resisting the pressure.
[PL 1981, c. 324, §26 (NEW).]
3.
The defense set forth in this section is not available:
A. To a person who intentionally or knowingly committed the homicide for which the person is being tried;   [PL 2007, c. 173, §19 (AMD).]
B. To a person who recklessly placed that person in a situation in which it was reasonably probable that the person would be subjected to duress; or   [PL 2007, c. 173, §19 (AMD).]
C. To a person who with criminal negligence placed that person in a situation in which it was reasonably probable that the person would be subjected to duress, whenever criminal negligence suffices to establish culpability for the offense charged.   [PL 2007, c. 173, §19 (AMD).]
[PL 2007, c. 173, §19 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §26 (NEW). PL 2007, c. 173, §19 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §103-B. Involuntary conduct

§103-B. Involuntary conduct
1.
It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act is involuntary.
[PL 1999, c. 195, §2 (NEW).]
2.
An omission to act is involuntary if the person fails to perform an act and:
A. The person is not capable of performing the act;   [PL 1999, c. 195, §2 (NEW).]
B. The person has no legal duty to perform the act; or   [PL 1999, c. 195, §2 (NEW).]
C. The person has no opportunity to perform the act.   [PL 1999, c. 195, §2 (NEW).]
[PL 1999, c. 195, §2 (NEW).]
3.
Possession of something is involuntary if the person:
A. Did not knowingly procure or receive the thing possessed; or   [PL 1999, c. 195, §2 (NEW).]
B. Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's possession of the thing.   [PL 1999, c. 195, §2 (NEW).]
[PL 1999, c. 195, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 195, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §104. Use of force in defense of premises

§104. Use of force in defense of premises
1.
A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate the commission of a criminal trespass by such other person in or upon such premises.
[PL 2007, c. 173, §20 (AMD).]
2.
A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using deadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent an attempt by the other person to commit arson.
[PL 2007, c. 173, §20 (AMD).]
3.
A person in possession or control of a dwelling place or a person who is licensed or privileged to be therein is justified in using deadly force upon another person:
A. Under the circumstances enumerated in section 108; or   [PL 1975, c. 740, §26 (NEW).]
B. When the person reasonably believes that deadly force is necessary to prevent or terminate the commission of a criminal trespass by such other person, who the person reasonably believes:
(1) Has entered or is attempting to enter the dwelling place or has surreptitiously remained within the dwelling place without a license or privilege to do so; and
(2) Is committing or is likely to commit some other crime within the dwelling place.   [PL 2007, c. 173, §20 (AMD).]
[PL 2007, c. 173, §20 (AMD).]
4.
A person may use deadly force under subsection 3, paragraph B only if the person first demands the person against whom such deadly force is to be used to terminate the criminal trespass and the trespasser fails to immediately comply with the demand, unless the person reasonably believes that it would be dangerous to the person or a 3rd person to make the demand.
[PL 2007, c. 173, §20 (AMD).]
5.
As used in this section:
A. Dwelling place has the same meaning provided in section 2, subsection 10; and   [PL 1975, c. 740, §26 (NEW).]
B. Premises includes, but is not limited to, lands, private ways and any buildings or structures thereon.   [PL 1975, c. 740, §26 (NEW).]
[PL 1975, c. 740, §26 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §26 (RPR). PL 2007, c. 173, §20 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 1: GENERAL PRINCIPLES › Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION › 17-A §105. Use of force in property offenses

§105. Use of force in property offenses
A person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person's property, or criminal mischief, or to retake the person's property immediately following its taking; but the person may use deadly force only under such circumstances as are prescribed in sections 104, 107 and 108.   [PL 2007, c. 173, §21 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §27 (AMD). PL 2007, c. 173, §21 (AMD).