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:
A. Refusal by a person to submit to an arrest or detention; or
B. Escape by a person from official custody, as defined in section 755.
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:
A. Uses physical force against the law enforcement officer; or
B. Creates a substantial risk of bodily injury to the law enforcement officer.
2. It is a defense to prosecution under this section that:
A. The person knew that the law enforcement officer knew that the arrest or detention was illegal; or
B. The person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer.
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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