Violation

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§11288. Violation

1.  Failure to comply; first offense.  An offender who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime.  

[PL 2011, c. 663, §3 (NEW).]

2.  Failure to comply; 2nd offense.  A person who has one prior conviction under this section or section 11227 and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class C crime.  

[PL 2015, c. 280, §18 (AMD).]

3.  Failure to comply; 3rd offense.  A person who has 2 or more prior convictions under this section or section 11227 and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class B crime.  

[PL 2015, c. 280, §18 (AMD).]

4.  Strict liability.  Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4-A.  

[PL 2011, c. 663, §3 (NEW).]

5.  Prior convictions.  Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.  

[PL 2011, c. 663, §3 (NEW).]

6.  Affirmative defense.  It is an affirmative defense that the failure to comply with a duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from just cause.  

[PL 2011, c. 663, §3 (NEW).]

7.  Permissible inference.  Proof that the name and date of birth of the person charged with a violation of this section are the same as those of a person who has been sentenced for an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with a violation of this section is the same person as that person convicted of the offense requiring registration.  

[PL 2011, c. 663, §3 (NEW).]

SECTION HISTORY

PL 2011, c. 663, §3 (NEW). PL 2015, c. 280, §18 (AMD).


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