USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 19. FALSIFICATION IN OFFICIAL MATTERS
Title 17-A - §451. Perjury
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§451. Perjury
1. A person is guilty of perjury if he makes:
A. In any official proceeding, a false material statement under oath or affirmation, or swears or affirms the truth of a material
statement previously made, and he does not believe the statement to be true; or
[1975, c. 740, §61 (amd).]
B. Inconsistent material statements, in the same official proceeding, under oath or affirmation, both within the period of
limitations, one of which statements is false and not believed by him to be true.
[1975, c. 499, §1 (new).]
[1975, c. 740, §61 (amd).]
2. In a prosecution under subsection 1, paragraph B, it need not be alleged or proved which of the statements is false but
only that one or the other was false and not believed by the person to be true.
[1999, c. 13, §1 (amd).]
3. It is an affirmative defense to prosecution under this section that the defendant retracted the falsification in the course
of the official proceeding in which it was made, and before it became manifest that the falsification was or would have been
exposed.
[1981, c. 317, §12 (amd).]
3-A. In a prosecution under subsection 1, paragraph A, evidence that the allegedly false testimony in the prior official proceeding
was contradicted by evidence in that proceeding may not be a sufficient basis by itself to sustain a conviction for perjury.
[1981, c. 317, §13 (new).]
4. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular
manner or that the declarant was not a competent witness in making the statement or was disqualified from doing so. A document
purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed
to have been duly sworn or affirmed.
[1975, c. 740, §62 (amd).]
5. As used in this section:
A. "Official proceeding" means any proceeding before a legislative, judicial, administrative or other governmental body or
official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in
connection with any such proceeding;
[1975, c. 499, §1 (new).]
B. "Material" means capable of affecting the course or outcome of the proceeding.
[1975, c. 499, §1 (new).]
[1975, c. 499, §1 (new).]
6. Perjury is a Class C crime.
[1975, c. 499, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§61,62
(AMD).
PL 1979,
Ch. 512,
§27
(AMD).
PL 1981,
Ch. 317,
§12,13
(AMD).
PL 1999,
Ch. 13,
§1
(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 - §452. False swearing
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§452. False swearing
1. A person is guilty of false swearing if:
A. He makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made
and he does not be-believe the statement to be true, provided
(1) the falsification occurs in an official proceeding as defined in section 451, subsection 5, paragraph A, or is made with
the intention to mislead a public servant performing his official duties; or
(2) the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer
oaths; or
[1975, c. 499, § 1 (new).]
B. He makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false
and not believed by him to be true. In a prosecution under this subsection, it need not be alleged or proved which of the
statements is false, but only that one or the other was false and not believed by the defandant to be true.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. It is an affirmative defense to prosecution under this section that, when made in an official proceeding, the defendant
retracted the falsification in the course of such proceeding before it became manifest that the falsification was or would
have been exposed.
[1981, c. 317, § 14 (amd).]
2-A. In a prosecution under subsection 1, paragraph A, evidence that the allegedly false testimony or statement in the prior
official proceeding or before a notary or other person authorized to administer oaths was contradicted by evidence in that
proceeding may not be a sufficient basis by itself to sustain a conviction for false swearing.
[1983, c. 450, § 3 (amd).]
3. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular
manner or that the declarant was not a competent witness in making the statement or was disqualified from doing so. A document
purporting to be made upon oaths or affirmation at any time when the actor presents it as being so verified shall be deemed
to have been duly sworn or affirmed.
[1975, c. 740, § 63 (amd).]
4. False swearing is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§63
(AMD).
PL 1979,
Ch. 512,
§28
(AMD).
PL 1981,
Ch. 317,
§14,15
(AMD).
PL 1983,
Ch. 450,
§3
(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 - §453. Unsworn falsification
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§453. Unsworn falsification
1. A person is guilty of unsworn falsification if:
A. He makes a written false statement which he does not believe to be true, on or pursuant to, a form conspicuously bearing
notification authorized by statute or regulation to the effect that false statements made therein are punishable;
[1981, c. 317, § 16 (amd).]
B. With the intent to deceive a public servant in the performance of his official duties, he
(1) makes any written false statement which he does not believe to be true, provided, however, that this subsection does
not apply in the case of a written false statement made to a law enforcement officer by a person then in official custody
and suspected of having committed a crime, except as provided in paragraph C; or
(2) knowingly creates, or attempts to create, a false impression in a written application for any pecuniary or other benefit
by omitting information necessary to prevent statements therein from being misleading; or
(3) submits or invites reliance on any sample, specimen, map, boundary mark or other object which he knows to be false; or
[1981, c. 317, § § 17, 18 (amd).]
C. With the intent to conceal his identity from a law enforcement officer while under arrest for a crime, after having been
warned that it is a crime to give false information concerning identity, he gives false information concerning his name or
date of birth, including, but not limited to, a signature.
[1981, c. 317, § 19 (new).]
[1981, c. 317, § § 16 -- 19 (amd).]
2. Unsworn falsification is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1981,
Ch. 317,
§16-19
(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 - §454. Tampering with a witness, informant, juror or victim
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§454. Tampering with a witness, informant, juror or victim
1. A person is guilty of tampering with a witness or informant if, believing that an official proceeding, as defined in section
451, subsection 5, paragraph A, or an official criminal investigation is pending or will be instituted, the actor:
A. Induces or otherwise causes, or attempts to induce or cause, a witness or informant:
(1) To testify or inform in a manner the actor knows to be false; or
(2) To withhold testimony, information or evidence.
Violation of this paragraph is a Class C crime;
[2003, c. 143, §5 (amd).]
B. Uses force, violence or intimidation, or promises, offers or gives pecuniary benefit with the intent to induce a witness
or informant:
(1) To withhold testimony, information or evidence;
(2) To refrain from attending a criminal proceeding or criminal investigation; or
(3) To refrain from attending any other proceeding or investigation to which the witness or informant has been summoned by
legal process.
Violation of this paragraph is a Class C crime; or
[2001, c. 383, §63 (amd); §156 (aff).]
C. Solicits, accepts or agrees to accept pecuniary benefit for committing an act specified in paragraph A, subparagraph (1),
or in paragraph B, subparagraph (1), (2) or (3). Violation of this paragraph is a Class C crime.
[2001, c. 383, §63 (amd); §156 (aff).]
[2003, c. 143, §5 (amd).]
1-A. A person is guilty of tampering with a juror if the actor:
A. Contacts by any means a person who is a juror or any other person that the actor believes is in a position to influence
a juror and the actor does so with the intention of influencing the juror in the performance of the juror's duty. Violation
of this paragraph is a Class C crime; or
[2001, c. 383, §63 (new); §156 (aff).]
B. Violates paragraph A and the proceeding the juror is involved in is a criminal proceeding for murder or a Class A crime.
Violation of this paragraph is a Class B crime.
[2001, c. 383, §63 (new); §156 (aff).]
[2001, c. 383, §63 (amd); §156 (aff).]
1-B. A person is guilty of tampering with a victim if, believing that an official proceeding, as defined in section 451, subsection
5, paragraph A, or an official criminal investigation is pending or will be instituted, the actor:
A. Induces or otherwise causes, or attempts to induce or cause, a victim:
(1) To testify or inform falsely; or
(2) To withhold testimony, information or evidence.
Violation of this paragraph is a Class B crime;
[2001, c. 383, §63 (new); §156 (aff).]
B. Uses force, violence or intimidation, or promises, offers or gives pecuniary benefit with the intent to induce a victim:
(1) To withhold testimony, information or evidence;
(2) To refrain from attending a criminal proceeding or criminal investigation; or
(3) To refrain from attending any other proceeding or investigation to which the victim has been summoned by legal process.
Violation of this paragraph is a Class B crime; or
[2001, c. 383, §63 (new); §156 (aff).]
C. Solicits, accepts or agrees to accept pecuniary benefit for committing an act specified in paragraph A, subparagraph (1),
or in paragraph B, subparagraph (1), (2) or (3).
Violation of this paragraph is a Class B crime.
[2001, c. 383, §63 (new); §156 (aff).]
[2001, c. 383, §63 (new); §156 (aff).]
2.
[2001, c. 383, §63 (rp); §156 (aff).]
3.
[1989, c. 300 (rp).]
4.
[2001, c. 383, §63 (rp); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1977,
Ch. 510,
§54
(RPR).
PL 1983,
Ch. 352,
§1
(AMD).
PL 1989,
Ch. 300,
§
(AMD).
PL 1989,
Ch. 878,
§B16
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§63
(AMD).
PL 2003,
Ch. 143,
§5
(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 - §455. Falsifying physical evidence
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§455. Falsifying physical evidence
1. A person is guilty of falsifying physical evidence if, believing that an official proceeding as defined in section 451,
subsection 5, paragraph A, or an official criminal investigation, is pending or will be instituted, he:
A. Alters, destroys, conceals or removes any thing relevant to such proceeding or investigation with intent to impair its verity,
authenticity or availability in such proceeding or investigation; or
[1975, c. 499, § 1 (new).]
B. Presents or uses any thing which he knows to be false with intent to deceive a public servant who is or may be engaged in
such proceeding or investigation.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. Falsifying physical evidence 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
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §456. Tampering with public records or information
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§456. Tampering with public records or information
1. A person is guilty of tampering with public records or information if he:
A. Knowingly makes a false entry in, or false alteration of any record, document or thing belonging to, or received or kept
by the government, or required by law to be kept by others for the information of the government; or
[1975, c. 499, § 1 (new).]
B. Presents or uses any record, document or thing knowing it to be false, and with intent that it be taken as a genuine part
of information or records referred to in subsection 1, paragraph A; or
[1975, c. 499, § 1 (new).]
C. Intentionally destroys, conceals, removes or otherwise impairs the verity or availability of any such record, document or
thing, knowing that he lacks authority to do so.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. Tampering with public records or information 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
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §457. Impersonating a public servant
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§457. Impersonating a public servant
1. A person is guilty of impersonating a public servant if he falsely pretends to be a public servant and engages in any conduct
in that capacity with the intent to deceive anyone.
[1975, c. 499, § 1 (new).]
2. It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.
[1975, c. 499, § 1 (new).]
3. Impersonating a public servant is a Class E 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
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007