LD 1020
pg. 1
LD 1020 Title Page An Act To Amend the Maine Criminal Code as Recommended by the Criminal Law Advi... Page 2 of 11
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LR 811
Item 1

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

 
Sec. 1. 17-A MRSA §106, sub-§1-A is enacted to read:

 
1-A.__For purposes of subsection 1, "reasonable degree of
force" is an objective standard.__To constitute a reasonable
degree of force, the physical force applied to the person may
result in no more than transient discomfort or minor temporary
marks on that person.

 
Sec. 2. 17-A MRSA §106, sub-§4, as enacted by PL 1975, c. 499, §1,
is amended to read:

 
4. The justification extended in subsections 1, 2 and 3
does not apply to the purposeful intentional or reckless use
of force that creates a substantial risk of death, serious
bodily injury, or extraordinary pain.

 
Sec. 3. 17-A MRSA §107, as amended by PL 1995, c. 215, §§2 and 3,
is further amended to read:

 
§107. Physical force in law enforcement

 
1. A law enforcement officer is justified in using a
reasonable degree of nondeadly force upon another person:

 
A. When and to the extent that he the officer reasonably
believes it necessary to effect an arrest or to prevent
the escape from custody of an arrested person, unless he
the officer knows that the arrest or detention is illegal;
or

 
B. To defend himself or herself or a 3rd person from what
he the officer reasonably believes to be the imminent use
of unlawful nondeadly force encountered while attempting
to effect such an arrest or while seeking to prevent such
an escape.

 
2. A law enforcement officer is justified in using deadly
force only when he the officer reasonably believes such force
is necessary:

 
A. To defend himself or herself or a 3rd person from what
he the officer reasonably believes is the imminent use of
unlawful deadly force; or

 
B. To effect an arrest or prevent the escape from arrest of a
person when the law enforcement officer reasonably believes
that the person has committed a crime involving the use or
threatened use of deadly force, is using a dangerous weapon in
attempting to escape or otherwise indicates that


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