H.P. 1411 - L.D. 2018
An Act to Simplify the Rule of Reasonable Belief in the Maine Criminal Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §101, sub-§3, as repealed and replaced by PL 1981, c. 324, §24, is amended to read:
3. Conduct which that is justifiable under this chapter constitutes a defense to any crime; provided that, if a person is justified in using force against another, but he the person recklessly injures or creates a risk of injury to 3rd persons, the justification afforded by this chapter is unavailable in a prosecution for such recklessness. If a defense provided under this chapter is precluded solely because the requirement that the actor's person's belief be reasonable has not been met, he the person may be convicted only of a crime for which recklessness or criminal negligence suffices, depending on whether his holding the belief was reckless or criminally negligent and then, only if holding the belief, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, is grossly deviant from what a reasonable and prudent person would believe in the same situation.
Effective September 18, 1999, unless otherwise indicated.
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