17-A §203. Manslaughter - Maine Statutes

Title 17-A: MAINE CRIMINAL CODE

Part 2: SUBSTANTIVE OFFENSES

Chapter 9: OFFENSES AGAINST THE PERSON

§203. Manslaughter

1. A person is guilty of manslaughter if that person:

A. Recklessly, or with criminal negligence, causes the death of another human being. Violation of this paragraph is a Class A crime; [2001, c. 383, §156 (AFF); 2001, c. 383, §9 (AMD).]

B. Intentionally or knowingly causes the death of another human being under circumstances that do not constitute murder because the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 201, subsection 4. The fact that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation constitutes a mitigating circumstance reducing murder to manslaughter and need not be proved in any prosecution initiated under this subsection. Violation of this paragraph is a Class A crime; or [2001, c. 383, §156 (AFF); 2001, c. 383, §9 (AMD).]

C. Has direct and personal management or control of any employment, place of employment or other employee, and intentionally or knowingly violates any occupational safety or health standard of this State or the Federal Government, and that violation in fact causes the death of an employee and that death is a reasonably foreseeable consequence of the violation. This paragraph does not apply to:

(1) Any person who performs a public function either on a volunteer basis or for minimal compensation for services rendered; or

(2) Any public employee responding to or acting at a life-threatening situation who is forced to make and does make a judgment reasonably calculated to save the life of a human being.

Violation of this paragraph is a Class C crime. [2001, c. 383, §156 (AFF); 2001, c. 383, §9 (AMD).]

[ 2001, c. 383, §156 (AFF); 2001, c. 383, §9 (AMD) .]

2.

[ 1983, c. 480, Pt. B, §23 (RP) .]

3.

[ 2001, c. 383, §156 (AFF); 2001, c. 383, §9 (RP) .]

3-A.

[ 1989, c. 872, §2 (RP) .]

SECTION HISTORY

1975, c. 499, §1 (NEW). 1977, c. 510, §40 (RPR). 1983, c. 217, (AMD). 1983, c. 372, §2 (AMD). 1983, c. 480, §B23 (AMD). 1987, c. 678, §1 (AMD). 1989, c. 505, §§1,2 (AMD). 1989, c. 872, §§1,2 (AMD). 1989, c. 873, (AMD). 1997, c. 34, §1 (AMD). 2001, c. 383, §156 (AFF). 2001, c. 383, §9 (AMD).