| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §5821, sub-§7, as amended by PL 1989, c. 302, §2, is | | further amended to read: |
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| | | 7. Real property. Except as provided in paragraph A, all | | real property, including any right, title or interest in the | | whole of any lot or tract of land and any appurtenances or | | improvements, which is used or intended for use, in any manner or | | part, to commit or to facilitate the commission of a violation of | | Title 17-A, section 1103 or 1105, which is a Class A, Class B or | | Class C crime, with the exception of offenses involving | | marijuana. |
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| | A. No property Property may not be forfeited under this | | subsection, to the extent of an interest of an owner, by | | reason of an act or omission established by that owner to | | have been committed or omitted without the knowledge or | consent of that owner. When an owner of property which that | | is that person's primary residence proves by a preponderance | of the evidence that he the owner is the spouse or minor | | child of the coowner of the primary residence who has used | | or intended to use the residence, in any manner or part, to | | commit or facilitate the commission of a violation of Title | | 17-A, section 1103 or 1105, the State shall bear the burden | | of proving knowledge or consent of the spouse or minor child | by a preponderance of the evidence; and |
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| | | Sec. 2. 15 MRSA §5821, sub-§7-A is enacted to read: |
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| | | 7-A.__Computers.__Except as provided in paragraph A, all | | computers, as defined in Title 17-A, section 431, subsection 2, | | and computer equipment, including, but not limited to, printers | | and scanners, that are used or are attempted to be used in | | violation of Title 17-A, section 259. |
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| | | A.__Property may not be forfeited under this subsection, to | | the extent of the interest of an owner, by reason of an act | | or omission established by that owner to have been committed | | or omitted without the knowledge or consent of the owner; | | and |
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| | | Sec. 3. 17-A MRSA §259 is enacted to read: |
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| | | §259.__Solicitation of child by computer to commit a |
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| | | 1.__A person is guilty of soliciting a child by a computer to | | commit a prohibited act if the person: |
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