17-A §754. Obstructing criminal prosecution - Maine Statutes

Title 17-A: MAINE CRIMINAL CODE

Part 2: SUBSTANTIVE OFFENSES

Chapter 31: OFFENSES AGAINST PUBLIC ADMINISTRATION

§754. Obstructing criminal prosecution

1. A person is guilty of obstructing criminal prosecution if:

A. The person uses force, violence or intimidation, or the person promises, offers or gives any pecuniary benefit to another, with the intent to induce the other:

(1) To refrain from initiating a criminal prosecution or juvenile proceeding; or

(2) To refrain from continuing with a criminal prosecution or juvenile proceeding that the other person has initiated; or [2001, c. 383, §156 (AFF); 2001, c. 383, §89 (AMD).]

B. The person solicits, accepts or agrees to accept any pecuniary benefit in consideration of doing any of the things specified in this subsection. [2001, c. 383, §156 (AFF); 2001, c. 383, §89 (AMD).]

[ 2001, c. 383, §156 (AFF); 2001, c. 383, §89 (AMD) .]

2. This section does not apply to conduct authorized by Title 15, section 891.

[ 2001, c. 383, §156 (AFF); 2001, c. 383, §89 (AMD) .]

3. It is an affirmative defense to prosecution under this section that:

A. The charge in fact made or liable to be made was for a Class D or Class E crime or a comparable juvenile offense; and [1977, c. 510, §62 (RPR).]

B. The pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense. [1977, c. 510, §62 (RPR).]

[ 1977, c. 510, §62 (RPR) .]

4. Obstructing criminal prosecution is a Class C crime.

[ 1977, c. 510, §62 (NEW) .]

SECTION HISTORY

1975, c. 499, §1 (NEW). 1977, c. 510, §62 (RPR). 2001, c. 383, §156 (AFF). 2001, c. 383, §89 (AMD).