| | | C.__A person who violates subsection 1 and, at the time of | | the violation, has 2 or more prior convictions for violating | | this section commits a Class E crime for which the court | | shall impose a sentencing alternative involving a fine of | | not less than $1,000 plus court costs and a term of | | imprisonment of 60 days.__The fine, court costs and term of | | imprisonment may not be suspended.__The court also may | | impose as a sentencing alternative an additional term of | | imprisonment of not more than 4 months. |
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| | | 3.__Strict liability.__Violation of this section is a strict | | liability crime as defined in Title 17-A, section 34, subsection | | 4-A. |
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| | | 4.__Prior convictions.__Title 17-A, section 9-A governs the | | use of prior convictions when determining a sentence. |
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| | | Sec. K-7. 22 MRSA §1555-B, sub-§5, as amended by PL 1997, c. 578, §1, | | is repealed. |
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| | | Sec. K-8. 22 MRSA §1555-B, sub-§§5-A to 5-C are enacted to read: |
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| | | 5-A.__Possession and use of cigarettes, cigarette papers or | | tobacco products by minors prohibited.__Except as provided in | | subsection 5-B, a person under 18 years of age may not: |
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| | | A.__Purchase, possess or use cigarettes, cigarette papers or | | any tobacco product; |
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| | | B.__Violate paragraph A after having__previously violated | | this subsection; or |
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| | | C.__Violate paragraph A after having previously violated | | this subsection 2 or more times. |
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| | | 5-B.__Exception to possession by minor.__A person under 18 | | years of age may transport or permit to be transported in a motor | | vehicle cigarettes, cigarette papers or tobacco products in the | | original sealed package in which they were placed by the | | manufacturer if the transportation is in the scope of that | | person's employment. |
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