An Act to Increase the Penalty for Furnishing Liquor to a Minor if Injury or Death Results
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §2081, sub-§3, as amended by PL 1993, c. 266, §31, is further amended to read:
3. Penalties. Any Except as provided in subsection 5, any person who violates subsection 1, paragraph A or B commits a Class D crime. Any person who violates subsection 1, paragraph C or D commits a Class E crime, for which a forfeiture of not more than $500 may be adjudged. In the case of a person who has one previous conviction of a violation of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $500, which penalty may not be suspended. In the case of a person who has 2 or more previous convictions of a violation of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $1,000. In the case of a person who has no previous conviction of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $500, which penalty may not be suspended if that person is convicted of a violation of subsection 1, paragraph A or B involving a minor less than 14 years old.
Sec. 2. 28-A MRSA §2081, sub-§5 is enacted to read:
5. Aggravated offense. A person who violates subsection 1, paragraph A or B commits a Class C crime if the consumption of the liquor by the minor in fact causes serious bodily injury to or death of any individual, including the minor. For purposes of this subsection, "serious bodily injury" has the same meaning as set out in Title 17-A, section 2, subsection 23.
Effective September 21, 2001, unless otherwise indicated.
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