State v. Flores-MontecinosAnnotate this Case
After a jury trial, Defendant was convicted of theft by unauthorized taking or transfer. On appeal, Defendant challenged the constitutionality of Me. Rev. Stat. 17-A, 361-A(2), which creates a permissible inference that a defendant engaged in the conduct that constitutes the crime of theft under certain circumstances. The Supreme Judicial Court affirmed, holding (1) section 361-A(2) is sufficiently clear to give an ordinary person adequate notice of the type of conduct that gives rise to the permissible inference of the specified elements of theft; and (2) Defendant’s contention that section 361-A(2) is subject to, and fails to survive, strict scrutiny was not persuasive.