§1091 — Failure to appear; penalty
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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).