LD 2001
pg. 4
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LR 3078
Item 1

 
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.

 
Sec. 5. 15 MRSA §393, sub-§8, as amended by PL 2001, c. 549, §5, is
further amended to read:

 
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.

 
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.

 
Sec. 6. 17-A MRSA §352, sub-§5, ¶D, as amended by PL 2005, c. 199, §3,
is further amended to read:

 
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.

 
Sec. 7. 17-A MRSA §760, sub-§1, as enacted by PL 2005, c. 329, §3, is
amended to read:

 
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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