Me. Stat. tit. 34-A § 11227

Current through 131st (2023-2024) Legislature Chapter 684
Section 11227 - Violation
1.Failure to comply; first offense. A person to whom this chapter applies pursuant to section 11202 who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime.

[2005, c. 423, §23(RPR).]

2.Failure to comply; 2nd offense. A person who has one prior conviction under this section and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class C crime.

[2005, c. 423, §23(RPR).]

3.Failure to comply; 3rd offense. A person who has 2 or more prior convictions under this section and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class B crime.

[2005, c. 423, §23(RPR).]

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

[2005, c. 423, §23(RPR).]

5.Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

[2005, c. 423, §23(RPR).]

6.Affirmative defense. It is an affirmative defense that the failure to comply with a duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from just cause.

[2009, c. 365, Pt. B, §19(AMD); 2009, c. 365, Pt. B, §22(AFF).]

7.Permissible inference. Proof that the name and date of birth of the person charged with a violation of this section are the same as those of a person who has been convicted of an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with a violation of this section is the same person as that person convicted of the offense requiring registration.

[2009, c. 365, Pt. B, §20(NEW); 2009, c. 365, Pt. B, §22(AFF).]

34-A M.R.S. § 11227

1999, c. 437, § 2 (NEW) . 2001, c. 439, §OOO13 (AMD) . 2001, c. 553, § 9 (AMD) . 2003, c. 452, §S1 (RPR) . 2003, c. 452, §X2 (AFF) . 2003, c. 711, §C25 (AMD) . 2003, c. 711, §D2 (AFF) . 2005, c. 423, § 23 (RPR) . 2009, c. 365, Pt. B, §§19, 20 (AMD) . 2009, c. 365, Pt. B, §22 (AFF) .