| | 3. Periods of incarceration or civil confinement. | Notwithstanding subsections 1 and 2, the bureau may suspend the | requirement that a sex offender 10-year registrant or sexually | violent predator lifetime registrant register during periods of | incarceration or civil confinement. |
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| | 4. Relief from duty to register. If the underlying | conviction for a sex offense or sexually violent offense is | reversed, vacated or set aside, or if the registrant is pardoned | for the offense, registration or continued registration as a sex | offender 10-year registrant or sexually violent predator lifetime | registrant is no longer required. |
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| | Sec. C-24. 34-A MRSA §11226, first ¶, as enacted by PL 1999, c. 437, §2, | is amended to read: |
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| | The bureau may charge a $25 annual fee to persons required to | register under this chapter. Sex offenders or sexually violent | predators Registrants shall pay the fee at the time of initial | registration and shall pay the fee on each anniversary of their | initial registration. |
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| | Sec. C-25. 34-A MRSA §11227, sub-§§1, 2, 3 and 6, as enacted by PL 2003, c. | 452, Pt. S, §1 and affected by Pt. X, §2, are amended to read: |
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| | 1. Failure to register or update information. A sex offender | or sexually violent predator registrant who fails to register or | update the information required under this chapter commits a | Class D crime. |
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| | 2. Failure to register or update information; 2nd offense. A | sex offender or sexually violent predator registrant who has one | prior conviction for failure to register or update the | information required under this chapter commits a Class D crime. |
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| | 3. Failure to register or update information; 3rd or | subsequent offense. A sex offender or sexually violent predator | registrant who fails to register or update the information | required under this chapter when the sex offender or sexually | violent predator registrant has 2 or more prior convictions in | this State for violation of this chapter commits a Class C crime. |
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| | 6. Affirmative defense. It is an affirmative defense that | the failure to register or update information resulted from just | cause, except that sex offenders or sexually violent predators | registrants convicted from June 30, 1992 to September 17, 1999 | may not raise a defense under just cause that they were not aware | of the registration requirement. |
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