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First Special Session of the 118th

H.P. 443 - L.D. 593

An Act to Strengthen the Laws Concerning Resisting Arrest

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 17-A MRSA 108, sub-1-A is enacted to read:

     1-A. A person is not justified in using nondeadly force against another person who that person knows or reasonably should know is a law enforcement officer attempting to effect an arrest or detention, regardless of whether the arrest or detention is legal. A person is justified in using the degree of nondeadly force the person reasonably believes is necessary to defend the person or a 3rd person against a law enforcement officer who, in effecting an arrest or detention, uses nondeadly force not justified under section 107, subsection 1.

     Sec. 2. 17-A MRSA 751, as enacted by PL 1975, c. 499, 1, is amended to read:

751. Obstructing government administration

     1. A person is guilty of obstructing government administration if he the person uses force, violence, or intimidation or engages in any criminal act with the intent to interfere with a public servant performing or purporting to perform an official function.

     2. This section shall does not apply to:

     3. Obstructing government administration is a Class D crime.

     Sec. 3. 17-A MRSA 751-A is enacted to read:

751-A. Refusing to submit to arrest or detention

     1. A person is guilty of refusing to submit to an arrest or a detention if, with the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest or detention, that person:

     2. It is a defense to prosecution under this section that:

     3. Refusing to submit to an arrest or a detention is a Class D crime.

Effective September 19, 1997, unless otherwise indicated.

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