6.__Mental abnormality.__"Mental abnormality" means a congenital or acquired condition affecting emotional or volitional capacity that predisposes a person to the commission of criminal sexual acts to the extent that the person is a threat to the health and safety of other persons.

7.__Predatory.__"Predatory" means engaging in acts directed at a person for the primary purpose of victimization.

8.__Prosecuting attorney.__"Prosecuting attorney" means a district attorney or the Attorney General.

9.__Recent overt act.__"Recent overt act" means an act that has the elements of a sexually violent offense or creates a reasonable fear of a sexually violent offense.

10.__Secure facility.__"Secure facility" means a facility identified by the commissioner as being capable of providing secure confinement, care and treatment of committed persons.

11.__Sexually violent offense.__"Sexually violent offense" means:

A.__Gross sexual assault that is a Class A or Class B offense under Title 17-A, section 253;

B.__Murder, felony murder, aggravated assault, stalking, kidnapping, burglary of a residence or criminal restraint that at the time of sentencing for the offense or during proceedings under this subchapter is determined to be sexually motivated;

C.__An attempt, criminal solicitation or criminal conspiracy to commit an offense specified in paragraph A or B; or

D.__Any comparable offense under the laws of the United States or another state.

12.__Sexually violent predator.__"Sexually violent predator" means a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

§3922.__Notice to district attorney