Section 1091 - Failure to appear; penalty1.Failure to appear. A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required is guilty of: A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or [2003, c. 452, Pt. H, §2(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. [2003, c. 452, Pt. H, §2(NEW); 2003, c. 452, Pt. X, §2(AFF).] [2003, c. 452, Pt. H, §2(NEW); 2003, c. 452, Pt. X, §2(AFF).]
2.Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the failure to appear resulted from just cause. [2003, c. 452, Pt. H, §2(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, §2(NEW); 2003, c. 452, Pt. X, §2(AFF).]
1987, c. 758, § 20 (NEW) . 1995, c. 356, § 16 (AMD) . 2003, c. 452, §H2 (RPR) . 2003, c. 452, §X2 (AFF) .