| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §2, sub-§23-A is enacted to read: |
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| | 23-A.__"Strict liability crime" has the meaning set forth in | section 34. |
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| | Sec. 2. 17-A MRSA §34, as amended by PL 1981, c. 470, Pt. B, §6, is | further amended to read: |
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| §34. Culpable state of mind as an element |
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| | 1. A person is not guilty of a crime unless he that person | acted intentionally, knowingly, recklessly or negligently, as the | law defining the crime specifies, with respect to each other | element of the crime, except as provided in subsection 5 4. When | the state of mind required to establish an element of a crime is | specified as "willfully," "corruptly," "maliciously" or by some | other term importing a state of mind, that element is satisfied | if, with respect thereto, the person acted intentionally or | knowingly. |
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| | 2. When the definition of a crime specifies the state of mind | sufficient for the commission of that crime, but without | distinguishing among the elements thereof, the specified state of | mind shall apply applies to all the other elements of the crime, | unless a contrary purpose plainly appears except as provided in | subsection 4. |
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| | 3. When the law provides that negligence is sufficient to | establish an element of a crime, that element is also established | if, with respect thereto, a person acted intentionally, knowingly | or recklessly. When the law provides that recklessness is | sufficient to establish an element of a crime, that element is | also established if, with respect thereto, a person acted | intentionally or knowingly. When the law provides that acting | knowingly is sufficient to establish an element of the crime, | that element is also established if, with respect thereto, a | person acted intentionally. |
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| | 4. Unless otherwise expressly provided, a culpable mental | state need not be proved with respect to: |
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| A. Any fact which that is solely a basis for sentencing | classification; or |
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| B. Any element of the crime as to which it is expressly | stated that it must "in fact" exist.; |
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