LD 700
pg. 1
LD 700 Title Page An Act to Amend the Physical Force Justification Laws LD 700 Title Page
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LR 1056
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 17-A MRSA §106, sub-§1, as enacted by PL 1975, c. 499, §1, is
amended to read:

 
1. A parent, foster parent, guardian or other similar person
responsible for the long term general care and welfare of a
person is justified in using a reasonable degree of force against
such person when and to the extent that he that person reasonably
believes it necessary to prevent or punish such person's
misconduct. A person to whom such parent, foster parent, guardian
or other responsible person has expressly delegated permission to
so prevent or punish misconduct is similarly justified in using a
reasonable degree of force. For the purposes of this section,
"reasonable degree of force" does not include the use of a stick,
a belt or any other hard or solid object if the use of the stick,
belt or other hard or solid object causes a bruise on the
dependent person.

 
SUMMARY

 
This bill specifically excludes the use of a stick, a belt or
any other hard or solid object from the permissible and
justifiable use of reasonable degree of force by a parent or
other responsible person when disciplining a dependent person if
the use of the stick, belt or other hard or solid object causes a
bruise on the dependent person.


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