§1004. Criminal use of electronic weapon
1.
Except as provided in subsection 4, a person is guilty of criminal use of an electronic weapon if the person intentionally, knowingly or recklessly uses an electronic weapon upon any other person.
[PL 2005, c. 264, §1 (NEW).]
2.
As used in this section, "electronic weapon" means a portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to have a disabling effect upon human beings.
[PL 2005, c. 264, §1 (NEW).]
3.
Criminal use of an electronic weapon is a Class D crime.
[PL 2005, c. 264, §1 (NEW).]
4.
This section does not apply to the use of an electronic weapon by:
A.
A law enforcement officer, corrections officer or corrections supervisor engaged in the performance of the law enforcement officer's, corrections officer's or corrections supervisor's public duty if the officer's or corrections supervisor's appointing authority has authorized such use of an electronic weapon; or
[PL 2005, c. 264, §1 (NEW).]
B.
A person using an electronic weapon when that use is for the purpose of:
[PL 2009, c. 336, §12 (AMD).]
(1)
Defending that person or a 3rd person as authorized under section 108, subsection 2; or
(2)
Defending that person's dwelling place as authorized under section 104, subsections 3 and 4.
[PL 2009, c. 336, §12 (AMD).]
SECTION HISTORY
PL 2005, c. 264, §1 (NEW). PL 2009, c. 336, §12 (AMD).