2012 Maine Revised Statutes
TITLE 34-A: CORRECTIONS
Chapter 17: SEX OFFENDER REGISTRATION AND NOTIFICATION ACT OF 2013
34-A §11288. Violation

Subchapter 2: SEX OFFENDER REGISTRATION

§11288. Violation

1. Failure to comply; first offense. An offender who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime.

[ 2011, c. 663, §3 (NEW) .]

2. Failure to comply; 2nd offense. A person who has one prior conviction under this section and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class C crime.

[ 2011, c. 663, §3 (NEW) .]

3. Failure to comply; 3rd offense. A person who has 2 or more prior convictions under this section and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class B crime.

[ 2011, c. 663, §3 (NEW) .]

4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

[ 2011, c. 663, §3 (NEW) .]

5. Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

[ 2011, c. 663, §3 (NEW) .]

6. Affirmative defense. It is an affirmative defense that the failure to comply with a duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from just cause.

[ 2011, c. 663, §3 (NEW) .]

7. Permissible inference. Proof that the name and date of birth of the person charged with a violation of this section are the same as those of a person who has been sentenced for an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with a violation of this section is the same person as that person convicted of the offense requiring registration.

[ 2011, c. 663, §3 (NEW) .]

SECTION HISTORY

2011, c. 663, §3 (NEW).