LD 2001
pg. 10
Page 9 of 12 An Act To Implement Recommendations of the Criminal Law Advisory Commission ... Page 11 of 12
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LR 3078
Item 1

 
This bill eliminates the need to specify in the charge and prove
at trial the value of an audio or visual recording of all or any
part of an illegally obtained motion picture. This is consistent
with theft involving a firearm or an explosive device in which
pecuniary loss is not an element and the absence of a pecuniary
loss is not a defense.

 
This bill amends the crime of failure to report a sexual
assault of a person in custody to clarify that the crime's
forbidden conduct element of failing to report the sexual assault
to an appropriate criminal justice agency has no accompanying
culpable mental state element. This bill also provides an
affirmative defense to prosecution under the section when the
defendant knew that the crime of sexual assault had already been
reported to an appropriate criminal justice agency by another
mandated reporter.

 
This bill amends the crime of possession of a firearm in a
courthouse by:

 
1. Adding the word "unauthorized";

 
2. Clarifying that the crime's forbidden conduct element of
possessing a firearm in a courthouse has no accompanying culpable
mental state element;

 
3. Adding "corrections supervisor" to the list of persons to
whom the prohibition does not apply;

 
4. Requiring that the firearm be unloaded if possessed under
the evidence exception;

 
5. Clarifying that the proceeding in which the firearm is to
be offered as evidence may be either civil or criminal;

 
6. Adding a new provision that specifies that possession of a
valid permit to carry a concealed firearm is not a defense to
this crime; and

 
7. Making a number of nonsubstantive changes to the language
for purposes of clarity.

 
This bill provides that the civil penalty for the sale and use
of drug paraphernalia is $300.

 
This bill adds to the list of sentencing alternatives the
sentencing alternative of supervised release for sex offenders as
authorized by the Maine Revised Statutes, Title 17-A, chapter 50.
The bill also adds a reference to this alternative since a


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