SP0383, LD 1096, item 1, An Act To Create the Crime of Intentional Interference with Business Operations

An Act To Create the Crime of Intentional Interference with Business Operations

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §406 is enacted to read:

§ 406. Intentional interference with business operations

1. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Business operations" means an activity with the object of gain, benefit or advantage engaged in by an organization for business purposes in a public or private place, including, but not limited to, private land; a private way under Title 29-A, section 101, subsection 58; a public way under Title 29-A, section 101, subsection 59; a railroad right-of-way under Title 12, section 9405-A, subsection 1, paragraph J; and an energy infrastructure corridor under Title 35-A, section 122, subsection 1, paragraph C.

2. A person or organization is guilty of intentional interference with business operations if:

A. The person intentionally hinders, impairs or obstructs or attempts to hinder, impair or obstruct business operations, including damaging or rendering inoperable property of an organization, including buildings, equipment or critical infrastructure. A violation of this paragraph is a Class E crime;

B. The person is violating paragraph A and:

(1) Is informed by a law enforcement officer that the person is violating paragraph A;

(2) The law enforcement officer orders the person to stop violating paragraph A; and

(3) The person fails or refuses to obey the order of the law enforcement officer.

A violation of this paragraph is a Class D crime; or

C. The person violates paragraph A or B and, at the time of the violation, the person has 2 or more prior convictions for violations of this section. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.

3. Subsection 2 does not apply to a person or an authorized agent or representative of a person who is:

A. Present because the person is a business invitee or licensee of the organization; or

B. Exercising a right, duty or privilege of the person created by contract with the organization.

summary

This bill creates the crime of intentional interference with business operations, which is committed when a person intentionally hinders, impairs or obstructs or attempts to hinder, impair or obstruct the performance of a business operation, including damaging or rendering inoperable property of an organization, including buildings, equipment or critical infrastructure, on private or public property, on a private or public way or within a railroad right-of-way or energy infrastructure corridor. Intentional interference with business operations is a Class E crime, except that a person who refuses to stop interfering when ordered to do so by a law enforcement officer commits a Class D crime. If, at the time of the violation, the person has 2 or more prior Maine convictions for intentional interference with business operations, the person commits a Class C crime.

SP0383 LD 1096	Session - 127th Maine Legislature		LR 1676 Item 1
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