Section 11288 - Violation1.Failure to comply; first offense. An offender 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. [2011, c. 663, §3(NEW).]
2.Failure to comply; 2nd offense. A person who has one prior conviction under this section or section 11227 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. [2015, c. 280, §18(AMD).]
3.Failure to comply; 3rd offense. A person who has 2 or more prior convictions under this section or section 11227 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. [2015, c. 280, §18(AMD).]
4.Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2011, c. 663, §3(NEW).]
5.Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. [2011, c. 663, §3(NEW).]
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. [2011, c. 663, §3(NEW).]
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 sentenced for 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. [2011, c. 663, §3(NEW).]
Amended by 2015, c. 280,§ 18, eff. 10/15/2015.Added by 2012, c. 663,§ 3, eff. 8/30/2012.