LD 1434
pg. 2
Page 1 of 2 An Act to Amend the Maine Criminal Code to Reduce the Incentive to Commit Theft... LD 1434 Title Page
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LR 1169
Item 1

 
(11) Theft involving a detention under Title 17,
section 3521;

 
(12) Harassment, as set forth in section 506-A;

 
(13) Violation of a protection order, as specified in
Title 5, section 4659, subsection 2; Title 15, section
321, subsection 6; former Title 19, section 769,
subsection 2; former Title 19, section 770, subsection
5; Title 19-A, section 4011, subsection 3; and Title
19-A, section 4012, subsection 5; or

 
(14) A violation of a sex offender registration
provision under Title 34-A, chapter 11 or 13; and

 
Sec. 2. 17-A MRSA §352, sub-§5, ¶D, as amended by PL 1995, c. 224, §2,
is further amended to read:

 
D. If the value of property or services cannot be
ascertained beyond a reasonable doubt pursuant to the
standards set forth above in this subsection, the trier of
fact may find the value to be not less than a certain
amount, and if no such minimum value can be thus
ascertained, the value is deemed to be an amount less than
$1,000 $500.

 
Sec. 3. 17-A MRSA §362, sub-§2, ¶A, as amended by PL 1995, c. 224, §3,
is further amended to read:

 
A. The value of the property or services exceeds $10,000
$5,000;

 
Sec. 4. 17-A MRSA §362, sub-§3, ¶A, as amended by PL 1995, c. 224, §4,
is further amended to read:

 
A. The value of the property or services is more than
$2,000 $500 but not more than $10,000 $5,000; or

 
Sec. 5. 17-A MRSA §362, sub-§4, ¶B, as amended by PL 1995, c. 224, §5,
is further amended to read:

 
B. The value of the property or services exceeds $1,000
$250 but does not exceed $2,000 $500.

 
Sec. 6. 17-A MRSA §362, sub-§5, as amended by PL 1995, c. 224, §5, is
further amended to read:

 
5. Theft is a Class E crime if the value of the property or
services does not exceed $1,000 $250.

 
Sec. 7. 17-A MRSA §703, sub-§2, ¶¶A and B, as amended by PL 1995, c.
224, §6, are further amended to read:

 
A. A Class B crime if the face value of the written
instrument or the aggregate value of instruments exceeds
$10,000 $5,000;

 
B. A Class C crime if:

 
(1) The face value of the written instrument or the
aggregate value of instruments exceeds $2,000 $500 but
does not exceed $10,000 $5,000; or

 
(2) The actor has 2 prior convictions for any
combination of theft, violation or attempted violation
of this section, violation or attempted violation of
section 702 or 708 or any violation or attempted
violation of section 401 if the intended crime within
the structure is theft, or any violation or attempted
violation of section 651. Determination of whether a
conviction constitutes a prior conviction for purposes
of this subsection is pursuant to section 362,
subsection 3-A; or

 
Sec. 8. 17-A MRSA §708, sub-§4, ¶¶A to D, as amended by PL 1995, c. 224,
§7, are further amended to read:

 
A. A Class B crime, if the face value of the negotiable
instrument exceeds $10,000 $5,000;

 
B. A Class C crime, if:

 
(1) The face value of the negotiable instrument exceeds
$2,000 $500 but does not exceed $10,000 $5,000; or

 
(2) The actor has 2 prior convictions for any combination
of theft, a violation of section 702, 703 or this
section, a violation of section 401 in which the crime
intended to be committed inside the structure is theft,
a violation of section 651 or attempts at these
violations. Determination of whether a conviction
constitutes a prior conviction for purposes of this
subsection is pursuant to section 362, subsection 3-A;

 
C. A Class D crime, if the face value of the negotiable
instrument exceeds $1,000 $250 but does not exceed $2,000
$500; or

 
D. A Class E crime, if the face value of the negotiable
instrument does not exceed $1,000 $250.

 
Sec. 9. 17-A MRSA §805, sub-§1, ¶¶A and B, as repealed and replaced by
PL 1995, c. 625, Pt. A, §20, are amended to read:

 
A. Damages or destroys property of another in an amount
exceeding $2,000 $500 in value, having no reasonable ground
to believe that the person has a right to do so;

 
B. Damages or destroys property in an amount exceeding
$2,000 $500 in value, to enable any person to collect
insurance proceeds for the loss caused;

 
SUMMARY

 
This bill lowers the monetary threshold for the classification
of theft crimes. This bill brings the monetary threshold in line
with those of other New England states. This bill also treats
theft and burglary thresholds in a more equal manner.


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