Involuntary conduct

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§103-B. Involuntary conduct

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.  

[PL 1999, c. 195, §2 (NEW).]

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;   [PL 1999, c. 195, §2 (NEW).]

B. The person has no legal duty to perform the act; or   [PL 1999, c. 195, §2 (NEW).]

C. The person has no opportunity to perform the act.   [PL 1999, c. 195, §2 (NEW).]

[PL 1999, c. 195, §2 (NEW).]

3.  Possession of something is involuntary if the person:  

A. Did not knowingly procure or receive the thing possessed; or   [PL 1999, c. 195, §2 (NEW).]

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.   [PL 1999, c. 195, §2 (NEW).]

[PL 1999, c. 195, §2 (NEW).]

SECTION HISTORY

PL 1999, c. 195, §2 (NEW).


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