CHAPTER 389
H.P. 1071 - L.D. 1434
An Act to Amend the Maine Criminal Code to Reduce the Incentive to Commit Theft
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 1999, c. 644, §1, is further amended to read:
A. Any person who the officer has probable cause to believe has committed or is committing:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 15, section 321;
(6) Theft as defined in section 357, when the value of the services is $2,000 $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile caseworker;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5; or
(14) A violation of a sex offender registration provision under Title 34-A, chapter 11 or 13; and
Sec. 2. 17-A MRSA §352, sub-§5, ¶D, as amended by PL 1995, c. 224, §2, is further amended to read:
D. If the value of property or services cannot be ascertained beyond a reasonable doubt pursuant to the standards set forth above in paragraphs A to C, the trier of fact may find the value to be not less than a certain amount, and if no such minimum value can be thus ascertained, the value is deemed to be an amount less than $1,000 $500.
Sec. 3. 17-A MRSA §362, sub-§3, ¶A, as amended by PL 1995, c. 224, §4, is further amended to read:
A. The value of the property or services is more than $2,000 $1,000 but not more than $10,000; or
Sec. 4. 17-A MRSA §362, sub-§4, ¶B, as amended by PL 1995, c. 224, §5, is further amended to read:
B. The value of the property or services exceeds $1,000 $500 but does not exceed $2,000 $1,000.
Sec. 5. 17-A MRSA §362, sub-§5, as amended by PL 1995, c. 224, §5, is further amended to read:
5. Theft is a Class E crime if the value of the property or services does not exceed $1,000 $500.
Sec. 6. 17-A MRSA §703, sub-§2, ¶B, as amended by PL 1995, c. 224, §6, is further amended to read:
B. A Class C crime if:
(1) The face value of the written instrument or the aggregate value of instruments exceeds $2,000 $1,000 but does not exceed $10,000; or
(2) The actor has 2 prior convictions for any combination of theft, violation or attempted violation of this section, violation or attempted violation of section 702 or 708 or any violation or attempted violation of section 401 if the intended crime within the structure is theft, or any violation or attempted violation of section 651. Determination of whether a conviction constitutes a prior conviction for purposes of this subsection is pursuant to section 362, subsection 3-A; or
Sec. 7. 17-A MRSA §708, sub-§4, ¶¶B to D, as amended by PL 1995, c. 224, §7, are further amended to read:
B. A Class C crime, if:
(1) The face value of the negotiable instrument exceeds $2,000 $1,000 but does not exceed $10,000; or
(2) The actor has 2 prior convictions for any combination of theft, a violation of section 702, 703 or this section, a violation of section 401 in which the crime intended to be committed inside the structure is theft, a violation of section 651 or attempts at these violations. Determination of whether a conviction constitutes a prior conviction for purposes of this subsection is pursuant to section 362, subsection 3-A;
C. A Class D crime, if the face value of the negotiable instrument exceeds $1,000 $500 but does not exceed $2,000 $1,000; or
D. A Class E crime, if the face value of the negotiable instrument does not exceed $1,000 $500.
Effective September 21, 2001, unless otherwise indicated.
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