| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §1023, sub-§1, ķA, as enacted by PL 1987, c. 758, §20, | | is amended to read: |
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| | | A. Who is charged with murder, domestic violence assault as | | defined in Title 17-A, section 558 or domestic violence | | terrorizing as defined in Title 17-A, section 559; |
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| | | Sec. 2. 17-A MRSA §§558 and 559 are enacted to read: |
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| | | §558.__Domestic violence assault |
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| | | 1.__A person is guilty of domestic violence assault if the | | person intentionally, knowingly or recklessly causes bodily | | injury or offensive physical contact to a member of the person's | | immediate family. |
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| | | 2.__Domestic violence assault is a Class D crime, except in | | instances of bodily injury to another person who is under 6 years | | of age and the actor is 18 years of age or older, in which case | | it is a Class C crime. |
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| | | As used in this section, "immediate family" means a spouse, | | parent, child, sibling, stepchild, stepparent or any other person | | who regularly resides in the household of the victim or who, | | within the prior 6 months, regularly resided in the household of | | the victim. |
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| | | §559.__Domestic violence terrorizing |
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| | | 1.__A person is guilty of domestic violence terrorizing if the | | person communicates to a member of the person's immediate family | | a threat to commit or to cause to be committed a crime of | | violence dangerous to human life against the family member or | | another person, and the natural and probable consequence of such | | a threat, whether or not such consequence in fact occurs, is to | | place the family member or the person threatened in reasonable | | fear that the crime will be committed. |
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| | | 2.__Domestic violence terrorizing is a Class D crime. |
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| | | As used in this section, "immediate family" means a spouse, | | parent, child, sibling, stepchild, stepparent or any other person | | who regularly resides in the household of the victim or who, | | within the prior 6 months, regularly resided in the household of | | the victim. |
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