CHAPTER 199
H.P. 593 - L.D. 834
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA c. 114, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 114
DETENTION OF CERTAIN PERSONS SUSPECTED OF STEALING
Sec. 2. 17 MRSA §3521, as amended by PL 1989, c. 122, §1, is further amended to read:
§3521. Detention of certain persons suspected of stealing
A store or motion picture theater owner, manager or supervisor, or that person's designee, may detain on the premises in a reasonable manner and for a period of time not to exceed 1/2 hour any person as to whom there is probable cause to believe is unlawfully concealing merchandise or concealing part of or operating an audiovisual or audio recording function of any device in the motion picture theater while a motion picture is being exhibited, without the written consent of the motion picture theater owner. The purposes of detention shall be are: To to require the person being detained to provide identification; to verify the identification; to inform a law enforcement officer of the detention and to surrender that person to the officer; to take possession of and hold stolen merchandise or recordings and related equipment pending arrival of law enforcement; and, when the detained person is a minor, to inform a law enforcement officer or the parents or guardian of the minor of the detention and to surrender the minor to the person so informed.
Sec. 3. 17-A MRSA §352, sub-§5, ¶D, as amended by PL 2001, c. 389, §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 in paragraphs A to C, 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 $500. Notwithstanding this provision, for the purposes of this chapter, the value of any audio or visual recording of all or any part of a motion picture that is obtained through the use of any type of recording device in a motion picture theater while a motion picture is being exhibited, without the written consent of the motion picture theater owner, is deemed to be more than $500 but not more than $1,000, unless a higher value can be proven.
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:
1. A person is guilty of theft if:
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
B. The person violates paragraph A and:
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(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;
(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
(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. ; or
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 for the purpose of making a copy of the motion picture, without the written consent of the motion picture theater owner. Violation of this paragraph is a Class D crime.
Effective September 17, 2005.
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