| D. If the value of property or services cannot be | ascertained beyond a reasonable doubt pursuant to the | standards set forth in paragraphs A to C, the trier of fact | may find the value to be not less than a certain amount, and | if no such minimum value can be thus ascertained, the value | is deemed to be an amount less than $500. Notwithstanding | this provision, for the purposes of this chapter, the value | of any audio or visual recording of all or any part of a | motion picture that is obtained through the use of any type | of recording device in a motion picture theater while a | motion picture is being exhibited, without the written | consent of the motion picture theater owner, is deemed to be | more than $500 but not more than $1,000, unless a higher | value can be proven. |
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| | Sec. 7. 17-A MRSA §760, sub-§1, as enacted by PL 2005, c. 329, §3, is | amended to read: |
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| | 1. A person is guilty of failure to report a sexual assault | of a person in custody if that person is a member of the staff of | a hospital, prison or other institution who and that staff person | knows that a person detained in that institution is the victim of | a crime of sexual assault that occurred while the detained person | was in the institution but and, in fact, each staff person does | not report that crime to an appropriate criminal justice agency | is guilty of failure to report a sexual assault of a person in | custody. |
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| | Sec. 8. 17-A MRSA §760, sub-§2-A is enacted to read: |
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| | 2-A.__It is an affirmative defense to prosecution under this | section that the defendant knew that the crime of sexual assault | had already been reported to an appropriate criminal justice | agency by another mandated reporter. |
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| | Sec. 9. 17-A MRSA §1058, as enacted by PL 2005, c. 175, §1, is | amended to read: |
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| §1058. Possession of firearm in courthouse |
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| | 1. A person may not possess is guilty of unauthorized | possession of a firearm in a courthouse if that person in fact | possesses a firearm in a courthouse. |
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| | 2. This section does not apply to: |
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| A. A person who is a law enforcement officer or, a corrections | officer acting within the course and scope of the officer's | employment or a corrections supervisor engaged in the performance | of the law enforcement officer's, |
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