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17-A, section 39 103 and includes the former finding in this | State under former provisions of section 103 of "not guilty by | reason of mental disease or defect excluding responsibility" | as well as any comparable finding under the laws of the United | States or any other state. |
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| | Sec. 5. 15 MRSA §393, sub-§8, as amended by PL 2001, c. 549, §5, is | further amended to read: |
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| | 8. Penalty. A violation of subsection 1, paragraph A-1 or C | is a Class C crime. A violation of subsection 1, paragraph D is | a Class D crime. A violation of subsection 1-A by a person at | least 18 years of age is a Class C crime. |
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| For the purposes of this subsection, a person is deemed to have | been convicted upon the acceptance of a plea of guilty or nolo | contendere or a verdict or finding of guilty, or the equivalent | in a juvenile case, by a court of competent jurisdiction. |
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| | Sec. 6. 17-A MRSA §352, sub-§5, ¶D, as amended by PL 2005, c. 199, §3, | is further amended to read: |
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| 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, that 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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