Sec. 1. 28-A MRSA §2081, sub-§3, as amended by PL 1993, c. 266, §31, is further amended to read:

3. Penalties. Any Except as provided in subsection 5, any person who violates subsection 1, paragraph A or B commits a Class D crime. Any person who violates subsection 1, paragraph C or D commits a Class E crime, for which a forfeiture of not more than $500 may be adjudged. In the case of a person who has one previous conviction of a violation of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $500, which penalty may not be suspended. In the case of a person who has 2 or more previous convictions of a violation of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $1,000. In the case of a person who has no previous conviction of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $500, which penalty may not be suspended if that person is convicted of a violation of subsection 1, paragraph A or B involving a minor less than 14 years old.

Sec. 2. 28-A MRSA §2081, sub-§5 is enacted to read:

5.__Aggravated offense.__A person who violates subsection 1, paragraph A or B commits a Class C crime if the consumption of the liquor by the minor proximately causes bodily injury to or death of any individual, including the minor.__For purposes of this subsection, "bodily injury" has the same meaning as set out in Title 17-A, section 2, subsection 5.

SUMMARY

Current law classifies furnishing or allowing consumption of liquor by a minor as a Class D crime. This bill increases the classification to a Class C crime if the consumption of the furnished liquor by the minor proximately causes death of or bodily injury to the minor or any other individual.