Sec. C-1. 32 MRSA §10313, sub-§1, ¶B, as enacted by PL 1985, c. 400, §2, is amended to read:
B. Has intentionally or knowingly or willfully violated or failed to comply with a provision of this Act, a predecessor Act or a rule or order under this Act or a predecessor Act, the United States Securities Act of 1933, the United States Securities Exchange Act of 1934, the United States Investment Advisers Act of 1940, the United States Investment Company Act of 1940 or the United States Commodity Exchange Act, or the securities law of any other state, but only if the acts constituting the violation of that state's law would constitute a violation of this Act had the acts taken place in this State;
Sec. C-2. 32 MRSA §10502, sub-§5, as enacted by PL 1985, c. 400, §2, is amended to read:
5. Burden of proof. In any civil, criminal or administrative proceeding under this Act, the burden of proving an exemption or any exception from a definition is upon the person claiming it.
Sec. C-3. 32 MRSA §10604, sub-§1, as amended by PL 1991, c. 548, Pt. D, §8, is repealed and the following enacted in its place:
1. Intentional or knowing violation. A person is guilty of the crime of violating the Revised Maine Securities Act if that person intentionally or knowingly violates:
A. Any provision of this Act, except section 10204;
B. Any rule or order of the administrator under this Act; or
C. Section 10204, knowing the statement made is false or misleading in any material respect.
Sec. C-4. 32 MRSA §10604, sub-§4, as enacted by PL 1985, c. 400, §2, is repealed.
Sec. C-5. 32 MRSA §10604, sub-§§6 to 8 are enacted to read:
6. Class C crime. A violation of the Revised Maine Securities Act is a Class C crime.
7. Venue. When a person pursuant to one scheme or course of conduct, whether upon the same person or several persons, engages in fraudulent or other prohibited practices under subchapter II, engages in unlawful transactions of business or other unlawful conduct under subchapter III or engages in unlawful offers to sell or purchase or unlawful sales or purchases under subchapter IV, the State may opt for a single Class C count and, in that circumstance, prosecution may be brought in any venue in which one or more of the unlawful acts were committed.
8. Affirmative defense. In any criminal prosecution, an exemption or any exception from a definition under this Act must be proved by the defendant by a preponderance of the evidence.
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