Sec. 1. 14 MRSA §153-A is enacted to read:

§153-A.__Defense in action based on misuse of legal identification

It is a defense to any civil action for monetary damages that the damages arose from the misuse of a form of legal identification and the use of that identification has resulted in the conviction of a person other than the defendant under Title 17-A, section 905-A.

Sec. 2. 17-A MRSA §905-A is enacted to read:

§905-A.__Misuse of legal identification

1.__A person is guilty of misuse of legal identification if the person intentionally or knowingly presents or uses a form of legal identification that is stolen or forged.

2.__Misuse of legal identification is a Class D crime.

SUMMARY

This bill creates the crime of misuse of legal identification. The crime is committed if a person intentionally or knowingly presents or uses a form of legal identification that is stolen or forged. The penalty classification for the crime is Class D.

A person who has suffered economic loss as the result of this crime may receive restitution from the offender under current provisions of the Maine Criminal Code. The bill also makes it a defense to a civil action seeking monetary damages that the action is based on the misuse of a legal identification for which another person has been convicted.