§1092 — Violation of condition of release



      1. Violation of condition of release. A defendant who has been granted preconviction or postconviction bail and who, in fact, violates a condition of release is guilty of:
   
A. A Class E crime; or [2003, c. 452, Pt. H, §3 (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 and the condition of release violated is one specified in section 1026, subsection 3, paragraph A, subparagraph (5), (8), (10-A) or (13). [2005, c. 449, §2 (amd).] [2005, c. 449, §2 (amd).]
      2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the violation resulted from just cause.[2003, c. 452, Pt. H, §3 (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, §3 (new); Pt. X, §2 (aff).]

Section History:

PL 1987,  Ch. 758,   §20 (NEW).
PL 1987,  Ch. 870,   §9 (AMD).
PL 1995,  Ch. 356,   §17 (AMD).
PL 2003,  Ch. 452,   §H3 (RPR).
PL 2003,  Ch. 452,   §X2 (AFF).
PL 2005,  Ch. 449,   §2 (AMD).