15 §1092. Violation of condition of release - Maine Statutes

Title 15: COURT PROCEDURE -- CRIMINAL

Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)

Chapter 105-A: MAINE BAIL CODE HEADING: PL 1987, C. 758, §20 (NEW)

Subchapter 5: ENFORCEMENT HEADING: PL 1995, C. 356, §15 (RPR)

Article 1: GENERAL PROVISIONS HEADING: PL 1995, C. 356, §15 (NEW)

§1092. Violation of condition of release

1. Violation of condition of release. A defendant who has been granted preconviction or postconviction bail and who, in fact, violates a condition of release is guilty of:

A. A Class E crime; or [2003, c. 452, Pt. H, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more and the condition of release violated is one specified in section 1026, subsection 3, paragraph A, subparagraph (5), (8), (10-A) or (13). [2005, c. 449, §2 (AMD).]

[ 2005, c. 449, §2 (AMD) .]

2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the violation resulted from just cause.

[ 2003, c. 452, Pt. H, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]

3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

[ 2003, c. 452, Pt. H, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]

SECTION HISTORY

1987, c. 758, §20 (NEW). 1987, c. 870, §9 (AMD). 1995, c. 356, §17 (AMD). 2003, c. 452, §H3 (RPR). 2003, c. 452, §X2 (AFF). 2005, c. 449, §2 (AMD).