Sec. S-1. 34-A MRSA §11227, as amended by PL 2001, c. 553, §9, is repealed and the following enacted in its place:
1. Failure to register or update information. A sex offender or sexually violent predator who fails to register or update the information required under this chapter commits a Class D crime.
2. Failure to register or update information; 2nd offense. A sex offender or sexually violent predator who has one prior conviction for failure to register or update the information required under this chapter commits a Class D crime.
3. Failure to register or update information; 3rd or subsequent offense. A sex offender or sexually violent predator who fails to register or update the information required under this chapter when the sex offender or sexually violent predator has 2 or more prior convictions in this State for violation of this chapter commits a Class C crime.
4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
5. Prior conviction. Title 17-A, section 9-A governs the use of prior conviction when determining a sentence.
6. Affirmative defense. It is an affirmative defense that the failure to register or update information resulted from just cause, except that sex offenders and sexually violent predators convicted from June 30, 1992 to September 17, 1999 may not raise a defense under just cause that they were not aware of the registration requirement.
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