| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §402-A is enacted to read: |
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| §402-A.__Aggravated criminal trespass |
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| | 1.__A person is guilty of aggravated criminal trespass if, | knowing that that person is not licensed or privileged to do so, | that person: |
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| A.__Enters any dwelling place between the hours of sunset | and sunrise; and |
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| B.__At the time of the offense, has a prior conviction for | burglary or criminal trespass.__For purposes of this | paragraph, the date of the prior conviction must precede the | commission of the offense by no more than 10 years.__The | date of the conviction is deemed to be the date that the | sentence is imposed, even though an appeal was taken.__The | date of a commission of a prior offense is presumed to be | that stated in the complaint, information, indictment or | other formal charging instrument, notwithstanding the use of | the words "on or about" or the equivalent. |
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| | 2.__Aggravated criminal trespass is a Class C crime. |
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| | The bill creates the Class C crime of aggravated criminal | trespass. A person is guilty of aggravated criminal trespass if, | knowing that that person is not licensed or privileged to do so, | that person enters any dwelling place between the hours of sunset | and sunrise and, at the time of the offense, has a prior | conviction for burglary or criminal trespass. |
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