CHAPTER 477
H.P. 264 - L.D. 328
An Act to Increase the Penalty for Burglary When the Actor has Prior Convictions for Certain Enumerated Crimes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §401, sub-§2, ¶B, as amended by PL 1977, c. 510, §51, is repealed and the following enacted in its place:
B. A Class B crime if:
(1) The defendant intentionally or recklessly inflicted or attempted to inflict bodily injury on anyone during the commission of the burglary or an attempt to commit the burglary or in immediate flight after the commission or attempt;
(2) The defendant was armed with a dangerous weapon other than a firearm or knew that an accomplice was so armed;
(3) The violation was against a structure that is a dwelling place; or
(4) At the time of the burglary, the defendant had 2 or more prior Class A, B or C convictions for any combination of theft or any violation of this section or section 651, 702 or 703 or attempts to commit any of those crimes. For purposes of this subparagraph, the dates of the prior convictions must precede the commission of the burglary by no more than 10 years, although both prior convictions may have occurred on the same date. This subparagraph does not apply if the 2 prior offenses were committed within a 3-day period. The date an offense was committed is presumed to be that stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent; and
Effective September 19, 1997, unless otherwise indicated.
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