USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 09. OFFENSES AGAINST THE PERSON
Title 17-A - §201. Murder
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§201. Murder
1. A person is guilty of murder if the person:
A. Intentionally or knowingly causes the death of another human being;
[2001, c. 383, §8 (amd); §156 (aff).]
B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of
another human being; or
[2001, c. 383, §8 (amd); §156 (aff).]
C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception.
[2001, c. 383, §8 (amd); §156 (aff).]
[2001, c. 383, §8 (amd); §156 (aff).]
1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally
negligent manslaughter is deemed to be charged.
[2001, c. 383, §8 (amd); §156 (aff).]
2. The sentence for murder is as authorized in chapter 51.
[2001, c. 383, §8 (amd); §156 (aff).]
3. It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under
the influence of extreme anger or extreme fear brought about by adequate provocation.
[2001, c. 383, §8 (amd); §156 (aff).]
4. For purposes of subsection 3, provocation is adequate if:
A. It is not induced by the person; and
[2001, c. 383, §8 (amd); §156 (aff).]
B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating
only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish
the reasonableness of the person's reaction.
[2001, c. 383, §8 (amd); §156 (aff).]
[2001, c. 383, §8 (amd); §156 (aff).]
5. Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude conviction of, manslaughter
or any other crime.
[1983, c. 372, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§37-39
(AMD).
PL 1977,
Ch. 510,
§38
(RPR).
PL 1983,
Ch. 372,
§1
(AMD).
PL 1983,
Ch. 450,
§2
(AMD).
PL 1985,
Ch. 416,
§
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §202. Felony murder
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§202. Felony murder
1. A person is guilty of felony murder if acting alone or with one or more other persons in the commission of, or an attempt
to commit, or immediate flight after committing or attempting to commit, murder, robbery, burglary, kidnapping, arson, gross
sexual assault, or escape, the person or another participant in fact causes the death of a human being, and the death is a
reasonably foreseeable consequence of such commission, attempt or flight.
[1991, c. 377, §8 (amd).]
2. It is an affirmative defense to prosecution under this section that the defendant:
A. Did not commit the homicidal act or in any way solicit, command, induce, procure or aid the commission thereof;
[1977, c. 510, §39 (rpr).]
B. Was not armed with a dangerous weapon, or other weapon which under circumstances indicated a readiness to inflict serious
bodily injury;
[1977, c. 510, §39 (rpr).]
C. Reasonably believed that no other participant was armed with such a weapon; and
[1977, c. 510, §39 (rpr).]
D. Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily
injury.
[1977, c. 510, §39 (rpr).]
[1977, c. 510, §39 (rpr).]
3. Felony murder is a Class A crime.
[1977, c. 510, §39 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§40
(AMD).
PL 1977,
Ch. 510,
§39
(RPR).
PL 1979,
Ch. 701,
§20
(AMD).
PL 1991,
Ch. 377,
§8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §203. Manslaughter
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, §9 (amd); §156 (aff).]
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, §9 (amd); §156 (aff).]
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, §9 (amd); §156 (aff).]
[2001, c. 383, §9 (amd); §156 (aff).]
2.
[1983, c. 480, Pt. B, §23 (rp).]
3.
[2001, c. 383, §9 (rp); §156 (aff).]
3-A.
[1989, c. 872, §2 (rp).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1977,
Ch. 510,
§40
(RPR).
PL 1983,
Ch. 217,
§
(AMD).
PL 1983,
Ch. 372,
§2
(AMD).
PL 1983,
Ch. 480,
§B23
(AMD).
PL 1987,
Ch. 678,
§1
(AMD).
PL 1989,
Ch. 505,
§1,2
(AMD).
PL 1989,
Ch. 872,
§1,2
(AMD).
PL 1989,
Ch. 873,
§
(AMD).
PL 1997,
Ch. 34,
§1
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §204. Aiding or soliciting suicide
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§204. Aiding or soliciting suicide
1. A person is guilty of aiding or soliciting suicide if he intentionally aids or solicits another to commit suicide, and the
other commits or attempts suicide.
[1977, c. 510, § 41 (rpr).]
2. Aiding or soliciting suicide is a Class D crime.
[1977, c. 510, § 41 (rpr).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§41
(AMD).
PL 1977,
Ch. 510,
§41
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §205. Criminal homicide in the 5th degree (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§205. Criminal homicide in the 5th degree (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1977,
Ch. 510,
§42
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §206. Criminal homicide in the 6th degree (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§206. Criminal homicide in the 6th degree (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§42
(AMD).
PL 1977,
Ch. 510,
§43
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §207. Assault
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§207. Assault
1. A person is guilty of assault if:
A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.
Violation of this paragraph is a Class D crime; or
[2001, c. 383, §10 (new); §156 (aff).]
B. The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another
person who is less than 6 years of age. Violation of this paragraph is a Class C crime.
[2001, c. 383, §10 (new); §156 (aff).]
[2001, c. 383, §10 (rpr); §156 (aff).]
2.
[2001, c. 383, §10 (rp); §156 (aff).]
3. For a violation under subsection 1, the court shall impose a sentencing alternative that involves a fine of not less than
$300, which may not be suspended.
[2005, c. 12, Pt. JJ, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1985,
Ch. 495,
§4
(AMD).
PL 2001,
Ch. 383,
§10
(RPR).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2005,
Ch. 12,
§JJ1
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §208-A. Assault while hunting
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§208-A. Assault while hunting
1. A person is guilty of assault while hunting if, while in the pursuit of wild game or game birds, he, with criminal negligence,
causes bodily injury to another with the use of a dangerous weapon.
[1977, c. 671, § 22 (new).]
2. Assault while hunting is a Class D crime.
[1977, c. 671, § 22 (new).]
Section History:
PL 1977,
Ch. 671,
§22
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §208-B. Elevated aggravated assault
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§208-B. Elevated aggravated assault
1. A person is guilty of elevated aggravated assault if that person:
A. Intentionally or knowingly causes serious bodily injury to another person with the use of a dangerous weapon;
[2001, c. 634, §3 (amd).]
B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes serious bodily
injury to another person with the use of a dangerous weapon; or
[2001, c. 634, §3 (amd).]
C. With terroristic intent engages in conduct that in fact causes serious bodily injury to another person.
[2001, c. 634, §3 (new).]
[2001, c. 634, §3 (amd).]
2. Elevated aggravated assault is a Class A crime.
[1997, c. 461, §1 (new).]
Section History:
PL 1997,
Ch. 461,
§1
(NEW).
PL 2001,
Ch. 634,
§3
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §208-C. Elevated aggravated assault on pregnant person
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§208-C. Elevated aggravated assault on pregnant person
1. A person is guilty of elevated aggravated assault on a pregnant person if that person intentionally or knowingly causes
serious bodily injury to a person the person knows or has reason to know is pregnant. For the purposes of this subsection,
"serious bodily injury" includes bodily injury that results in the termination of a pregnancy. This subsection does not apply
to acts committed by:
A. Any person relating to an abortion for which the consent of the pregnant person, or a person authorized by law to act on
her behalf, has been obtained or for which such consent is implied by law; or
[2005, c. 408, §1 (new).]
B. Any person for any medical treatment of the pregnant person or the fetus.
[2005, c. 408, §1 (new).]
[2005, c. 408, §1 (new).]
2. Elevated aggravated assault on a pregnant person is a Class A crime.
[2005, c. 408, §1 (new).]
Section History:
PL 2005,
Ch. 408,
§1
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §208. Aggravated assault
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§208. Aggravated assault
1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes:
A. Serious bodily injury to another; or
[1975, c. 499, § 1 (new).]
B. Bodily injury to another with use of a dangerous weapon; or
[1977, c. 510, § 44 (rpr).]
C. Bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Such circumstances
include, but are not limited to, the number, location or nature of the injuries, the manner or method inflicted, or the observable
physical condition of the victim.
[1981, c. 317, § 6 (amd).]
[1981, c. 317, § 6 (amd).]
2. Aggravated assault is a Class B crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§43
(AMD).
PL 1977,
Ch. 510,
§44
(AMD).
PL 1981,
Ch. 317,
§6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §209. Criminal threatening
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§209. Criminal threatening
1. A person is guilty of criminal threatening if he intentionally or knowingly places another person in fear of imminent bodily
injury.
[1975, c. 499, § 1 (new).]
2. Criminal threatening is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 17-A - §210-A. Stalking
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§210-A. Stalking
1. A person is guilty of stalking if:
A. The actor intentionally or knowingly engages in a course of conduct directed at a specific person that would in fact cause
both a reasonable person and that other specific person:
(1) To suffer intimidation or serious inconvenience, annoyance or alarm;
(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or
(3) To fear death or to fear the death of a member of that person's immediate family.
Violation of this paragraph is a Class D crime. The court shall impose a sentencing alternative involving a term of imprisonment
of at least 60 days, of which 48 hours may not be suspended, and may order the person to attend an abuser education program
approved by the court;
[2001, c. 383, §12 (amd); §156 (aff).]
B.
[2001, c. 383, §12 (rp); §156 (aff).]
C. The actor violates paragraph A and has 2 or more prior convictions.
Violation of this paragraph is a Class C crime. The court shall impose a sentencing alternative involving a term of imprisonment
of at least 6 months, of which 14 days may not be suspended, and may order the person to attend an abuser education program
approved by the court.
For the purposes of this paragraph, "prior conviction" means a conviction for a violation of this section; Title 5, section
4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; any other temporary, emergency, interim
or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order
issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent
agreement. Section 9-A governs the use of prior convictions when determining a sentence.
[2001, c. 471, Pt. B, §9 (amd); §10 (aff); c. 667, Pt. D, §§35, 36 (aff).]
[2001, c. 471, Pt. B, §9 (amd); §10 (aff); c. 667, Pt. D, §§35, 36 (aff).]
2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying oral
or written threats, threats implied by conduct or a combination of threats and conduct directed at or toward a person. For
purposes of this section, "conveying oral or written threats" includes, but is not limited to, communicating or causing a
communication to be initiated by mail or by mechanical or electronic means. For purposes of this section, "course of conduct"
also includes, but is not limited to, gaining unauthorized access to personal, medical, financial or other identifying information,
including access by computer network, mail, telephone or written communication. "Course of conduct" does not include activity
protected by the Constitution of Maine, the United States Constitution or by state or federal statute.
[2001, c. 411, §1 (amd).]
B. "Immediate family" means a spouse, parent, child, sibling, stepchild, stepparent or any person who regularly resides in
the household or who within the prior 6 months regularly resided in the household.
[1995, c. 668, §3 (new).]
C. "Repeatedly" means on 2 or more occasions.
[1995, c. 668, §3 (new).]
[2001, c. 411, §1 (amd).]
3.
[2001, c. 383, §13 (rp); §156 (aff).]
Section History:
PL 1995,
Ch. 668,
§3
(NEW).
PL 1999,
Ch. 510,
§4
(AMD).
PL 2001,
Ch. 383,
§12,13
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 411,
§1
(AMD).
PL 2001,
Ch. 471,
§B10
(AFF).
PL 2001,
Ch. 471,
§B9
(AMD).
PL 2001,
Ch. 667,
§D35,36
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §210. Terrorizing
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§210. Terrorizing
1. A person is guilty of terrorizing if that person in fact communicates to any person a threat to commit or to cause to be
committed a crime of violence dangerous to human life, against the person to whom the communication is made or another, and
the natural and probable consequence of such a threat, whether or not such consequence in fact occurs, is:
A. To place the person to whom the threat is communicated or the person threatened in reasonable fear that the crime will be
committed. Violation of this paragraph is a Class D crime; or
[2001, c. 383, §11 (amd); §156 (aff).]
B. To cause evacuation of a building, place of assembly or facility of public transport or to cause the occupants of a building
to be moved to or required to remain in a designated secured area. Violation of this paragraph is a Class C crime.
[2001, c. 383, §11 (amd); §156 (aff).]
[2003, c. 143, §4 (amd).]
2.
[2001, c. 383, §11 (rp); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1977,
Ch. 510,
§45
(AMD).
PL 1977,
Ch. 671,
§23,24
(AMD).
PL 1999,
Ch. 433,
§1
(AMD).
PL 2001,
Ch. 383,
§11
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2003,
Ch. 143,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §211. Reckless conduct
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§211. Reckless conduct
1. A person is guilty of reckless conduct if he recklessly creates a substantial risk of serious bodily injury to another person.
[1975, c. 499, § 1 (new).]
2. Reckless conduct is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 17-A - §212. Classification of offenses against the person (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§212. Classification of offenses against the person (REPEALED)
Section History:
PL 1991,
Ch. 866,
§1
(NEW).
PL 1995,
Ch. 650,
§9
(AMD).
PL 1995,
Ch. 694,
§D23
(AMD).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 460,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §213. Aggravated reckless conduct
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§213. Aggravated reckless conduct
1. A person is guilty of aggravated reckless conduct if the person with terroristic intent engages in conduct that in fact
creates a substantial risk of serious bodily injury to another person.
[2001, c. 634, §4 (new).]
2. Aggravated reckless conduct is a Class B crime.
[2001, c. 634, §4 (new).]
Section History:
PL 2001,
Ch. 634,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007