2011 Maine Revised Statutes
TITLE 15: COURT PROCEDURE -- CRIMINAL
Chapter 105-A: MAINE BAIL CODE
15 §1091. Failure to appear; penalty
Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)
Subchapter 5: ENFORCEMENT HEADING: PL 1995, C. 356, §15 (RPR)
§1091. Failure to appear; penalty
1. Failure to appear. A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required is guilty of:
A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or [2003, c. 452, Pt. H, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more. [2003, c. 452, Pt. H, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. H, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the failure to appear resulted from just cause.
[ 2003, c. 452, Pt. H, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[ 2003, c. 452, Pt. H, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
SECTION HISTORY
1987, c. 758, §20 (NEW). 1995, c. 356, §16 (AMD). 2003, c. 452, §H2 (RPR). 2003, c. 452, §X2 (AFF).
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