Maine Revised Statutes Title 34-A Sec. 11288 – Violation
Current as of: 2023 | Check for updates
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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).]
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 B crime | up to 10 years | up to $20,000 |
| 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 34-A Sec. 11288
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Offender: means a person to whom this chapter applies pursuant to section 11272. See Maine Revised Statutes Title 34-A Sec. 11273
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).