HP0408
LD 525
First Regular Session - 125th Maine Legislature
 
LR 1831
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Establish a Minimum Mandatory Sentence for Convictions of Illegally Providing Liquor to a Minor

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

Sec. 1. 28-A MRSA §2081, sub-§1, ¶A,  as amended by PL 2005, c. 292, §1, is further amended to read:

A. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver liquor for or to a minor. The following penalties apply to violations of this paragraph.

(1) A person who violates this paragraph commits a Class D crime.

(2) A person who violates this paragraph commits a Class D crime for which a fine of not less than $500 may be imposed, none of which may be suspended, if the violation involves a minor who is less than 18 years of age.

(3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B within a 6-year period commits a Class D crime for which a fine of not less than $1,000 may be imposed, none of which may be suspended.

(4) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B 2 or more times within a 6-year period commits a Class D crime for which a fine of not less than $1,500 may and a period of imprisonment of not less than 48 hours must be imposed, none of which may be suspended.

(5) A person who violates this paragraph commits a Class C crime if the consumption of liquor by the minor in fact causes serious bodily injury to or death of the minor or any other individual. For purposes of this subsection, "serious bodily injury" has the same meaning as set out in Title 17-A, section 2, subsection 23;

SUMMARY

This bill requires a person who has been convicted 3 times or more within a 6-year period of procuring, or in any way aiding or assisting in procuring, furnishing, giving, selling or delivering liquor for or to a minor to serve a mandatory minimum sentence of imprisonment of at least 48 hours in addition to paying a fine of not less than $1,500.


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