D.__Any element of the crime as to which a legislative intent to impose liability without a culpable state of mind as to that element otherwise appears;

E.__Any criminal statute as to which it is expressly stated to be a "strict liability crime" or otherwise expressly reflects a legislative intent to impose criminal liability without proof by the State of a culpable mental state with respect to any of the elements of the crime; or

F.__Any criminal statute as to which a legislative intent to impose liability without a culpable state of mind as to any of the elements of the crime otherwise appears.

4-A.__As used in this section, "strict liability crime" means a crime that, as legally defined, does not include a culpable mental state element with respect to any of the elements of the crime and thus proof by the State of a culpable state of mind as to that crime is not required.

5. If a statute defining a crime does not expressly prescribe a culpable mental state with respect to some or all of the elements of the crime, a culpable mental state is nevertheless required, pursuant to subsections 1, 2 and 3, unless:

A. The statute expressly provides that a person may be guilty of a crime without a culpable state of mind as to those elements; or

B. A legislative intent to impose liability without a culpable state of mind as to those elements otherwise appears.

SUMMARY

This bill does 5 things to the Maine Revised Statutes, Title 17-A, section 34.

First, it merges the substantive content of Title 17-A, section 34, subsection 5 in that of Title 17-A, section 34, subsection 4.

Second, it expressly recognizes in Title 17-A, section 34, subsection 4 that, in addition to specific elements of a crime