H.P. 162 - L.D. 224
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §153-A is enacted to read:
§153-A. Defense in action based on misuse of legal identification
It is a defense to a civil action for monetary damages that the damages arose from the misuse of a form of legal identification and the use of that identification has resulted in the conviction of a person other than the defendant under Title 17-A, sections 354 and 905-A. The defense may be raised only by the person whose identification was misused.
Sec. 2. 17-A MRSA §905, as amended by PL 1979, c. 512, §31, is repealed.
Sec. 3. 17-A MRSA §905-A is enacted to read:
§905-A. Misuse of identification
1. A person is guilty of misuse of identification if, in order to obtain confidential information, property or services, the person intentionally or knowingly:
A. Presents or uses a credit or debit card that is stolen, forged, canceled or obtained as a result of fraud or deception;
B. Presents or uses an account, credit or billing number that that person is not authorized to use or that was obtained as a result of fraud or deception; or
C. Presents or uses a form of legal identification that that person is not authorized to use.
2. It is an affirmative defense to prosecution under this section that the person believed in good faith that the person was authorized to present or use the card, number or legal identification.
3. Upon proof of actual or constructive notice of cancellation, it is presumed that a person who presented a canceled credit or debit card knew it had been canceled.
4. As used in this section, "legal identification" includes a social security card, social security number, birth certificate, driver's license, government-issued identification card, oral statement of full name and date of birth or any other means of identifying a person that is generally accepted as accurate and reliable.
5. Misuse of identification is a Class D crime.
Effective September 18, 1999, unless otherwise indicated.
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