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not being accompanied by a culpable mental state by legislative | | design, the Legislature can also impose criminal liability relative | | to an entire criminal statute without requiring proof by the State | | of a culpable mental state as to any of the elements of that crime. | | See e.g., State v. Boyce, 1998 Me. 219, ¶4, 718 A.2d 1097, 1099 | | (depraved indifference murder); State v. Seamen's Club, 1997 Me. | | 70, ¶11, 691 A.2d 1248, 1252 (crime of possession of short | | lobsters). |
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| | | Third, it defines "strict liability crime" in a new subsection | | 4-A in Title 17-A, section 34 and provides for its use in | | subsection 4 of that section as a nonexclusive legislative means | | of expressly signaling an intent to impose criminal liability | | without the State having to prove a culpable state of mind as to | | any of the elements of the crime. |
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| | | Fourth, it makes Title 17-A, section 34 gender neutral. |
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| | | Fifth, the bill enacts Title 17-A, section 2, subsection 23-A | | to reference the section 34 definition of "strict liability | | crime." |
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