Maine Revised Statutes Title 17-A Sec. 207-A – Domestic violence assault
Current as of: 2023 | Check for updates
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1. A person is guilty of domestic violence assault if:
A. The person violates section 207 and the victim is a family or household member as defined in Title 19?A, section 4102, subsection 6 or a dating partner as defined in Title 19?A, section 4102, subsection 4. Violation of this paragraph is a Class D crime; or [PL 2023, c. 465, §2 (AMD).]
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating section 208?D, 208?E, 208?F, 209?A, 210?B, 210?C or 211?A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 208?D, 208?E, 208?F, 209?A, 210?B, 210?C or 211?A in another jurisdiction;
(2) Has one or more prior convictions for violating Title 19?A, former section 4011, subsection 1 or Title 19?A, section 4113, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19?A, section 4113, subsection 1 in another jurisdiction;
(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19?A, section 4102, subsection 6 or a dating partner as defined in Title 19?A, section 4102, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208?B or 208?C, and the State had pled and proved that the victim of the applicable prior conviction was a family or household member, as defined in Title 19?A, section 4102, subsection 6, or a dating partner, as defined in Title 19?A, section 4102, subsection 4, or has one or more prior convictions in another jurisdiction for engaging in conduct substantially similar to that contained in section 208, 208?B or 208?C and it had been pled and proved that the victim was a family or household member or a dating partner.
Violation of this paragraph is a Class C crime. [PL 2023, c. 465, §3 (AMD).]
[PL 2023, c. 465, §§2, 3 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 17-A Sec. 207-A
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. Section 9?A governs the use of prior convictions when determining a sentence.
[PL 2007, c. 436, §1 (NEW); PL 2007, c. 436, §7 (AFF).]
SECTION HISTORY
PL 2007, c. 436, §1 (NEW). PL 2007, c. 436, §7 (AFF). PL 2011, c. 640, Pt. B, §1 (AMD). PL 2017, c. 432, Pt. D, §1 (AMD). PL 2019, c. 412, §1 (AMD). PL 2021, c. 647, Pt. B, §§17, 18 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 465, §§2, 3 (AMD).