Sec. 1. 17-A MRSA §402-A is enacted to read:

§402-A.__Aggravated criminal trespass

1.__A person is guilty of aggravated criminal trespass if, knowing that that person is not licensed or privileged to do so, that person:

A.__Enters any dwelling place between the hours of sunset and sunrise; and

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.

2.__Aggravated criminal trespass is a Class C crime.

SUMMARY

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.