§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); 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); Pt. X, §2 (aff).] [2003, c. 452, Pt. H, §2 (new); 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); 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); Pt. X, §2 (aff).]

Section History:

PL 1987,  Ch. 758,   §20 (NEW).
PL 1995,  Ch. 356,   §16 (AMD).
PL 2003,  Ch. 452,   §H2 (RPR).
PL 2003,  Ch. 452,   §X2 (AFF).