LD 1020
pg. 2
Page 1 of 11 An Act To Amend the Maine Criminal Code as Recommended by the Criminal Law Advi... Page 3 of 11
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LR 811
Item 1

 
the person is likely to endanger seriously human life or to
inflict serious bodily injury unless apprehended without
delay; and

 
(1) The law enforcement officer has made reasonable
efforts to advise the person that the officer is a
law enforcement officer attempting to effect an
arrest or prevent the escape from arrest and the
officer has reasonable grounds to believe that the
person is aware of this advice; or

 
(2) The law enforcement officer reasonably believes
that the person to be arrested otherwise knows that
the officer is a law enforcement officer attempting
to effect an arrest or prevent the escape from
arrest.

 
For purposes of this paragraph, "a reasonable belief that
another has committed a crime involving use or threatened
use of deadly force" means such reasonable belief in
facts, circumstances and the law which, if true, would
constitute such an offense by that person. If the facts
and circumstances reasonably believed would not constitute
such an offense, an erroneous but reasonable belief that
the law is otherwise justifies the use of deadly force to
make an arrest or prevent an escape.

 
3. A private person who has been directed by a law
enforcement officer to assist him the officer in effecting an
arrest or preventing an escape from custody is justified in
using;:

 
A. A reasonable degree of nondeadly force when and to the
extent that he the private person reasonably believes such
to be necessary to carry out the officer's direction,
unless he the private person believes the arrest is
illegal; or

 
B. Deadly force only when he the private person
reasonably believes such to be necessary to defend himself
or herself or a 3rd person from what he the private person
reasonably believes to be the imminent use of unlawful
deadly force, or when the law enforcement officer directs
him the private person to use deadly force and he the
private person believes such the officer himself is
authorized to use deadly force under the circumstances.

 
4. A private person acting on his or her own is justified
in using:

 
A. A reasonable degree of nondeadly force upon another when
and to the extent that he the private person reasonably


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