CHAPTER 185
H.P. 228 - L.D. 292
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §101, sub-§1, as repealed and replaced by PL 1981, c. 324, §24, is amended to read:
1. The State is not required to negate any facts expressly designated as a "defense," or any exception, exclusion or authorization which that is set out in the statute defining the crime by proof at trial, unless the existence of the defense, exception, exclusion or authorization is in issue as a result of evidence admitted at the trial which that is sufficient to raise a reasonable doubt on the issue, in which case the State must disprove its existence beyond a reasonable doubt. This subsection does not require a trial judge to instruct on an issue that has been waived by the defendant. The subject of waiver is addressed by the Maine Rules of Criminal Procedure.
Effective September 19, 1997, unless otherwise indicated.
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