H.P. 1267 - L.D. 1821
An Act to Expressly Treat Involuntary Conduct as a Defense in the Maine Criminal Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §31, as enacted by PL 1981, c. 324, §14, is repealed.
Sec. 2. 17-A MRSA §103-B is enacted to read:
1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act is involuntary.
2. An omission to act is involuntary if the person fails to perform an act and:
A. The person is not capable of performing the act;
B. The person has no legal duty to perform the act; or
C. The person has no opportunity to perform the act.
3. Possession of something is involuntary if the person:
A. Did not knowingly procure or receive the thing possessed; or
B. Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's possession of the thing.
Effective September 18, 1999, unless otherwise indicated.
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