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| Sec. 4. 17-A MRSA §353, sub-§1, as amended by PL 2001, c. 667, Pt. D, §3 | | and affected by §36, is further amended to read: |
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| | | 1. A person is guilty of theft if: |
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| | | A. The person obtains or exercises unauthorized control | | over the property of another with intent to deprive the | | other person of the property. Violation of this paragraph | is a Class E crime; or |
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| | | B. The person violates paragraph A and: |
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| | | (1) The value of the property is more than $10,000. | | Violation of this subparagraph is a Class B crime; |
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| | | (2) The property stolen is a firearm or an explosive | | device. Violation of this subparagraph is a Class B | | crime; |
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| | | (3) The person is armed with a dangerous weapon at the | | time of the offense. Violation of this subparagraph is | | a Class B crime; |
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| | | (4) The value of the property is more than $1,000 but | | not more than $10,000. Violation of this subparagraph | | is a Class C crime; |
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| | | (5) The value of the property is more than $500 but | | not more than $1,000. Violation of this subparagraph | | is a Class D crime; or |
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| | | (6) The person has 2 prior Maine convictions for any | | combination of the following: theft; any violation of | | section 401 in which the crime intended to be committed | | inside the structure is theft; any violation of section | | 405 in which the crime intended to be committed inside | | the motor vehicle is theft; any violation of section | | 651; any violation of section 702, 703 or 708; or | | attempts thereat. Section 9-A governs the use of prior | | convictions when determining a sentence. Violation of | this subparagraph is a Class C crime. |
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| | | C.__The person knowingly operates an audiovisual or audio | | recording function of any device in a motion picture theater | | while a motion picture is being exhibited, without the | | written consent of the motion picture theater owner.__ | | Violation of this paragraph is a Class C crime. |
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