§102-A. Military orders
1. It is a defense if the person engaged in the conduct charged to constitute a crime in obedience to an order of the person's superior in the armed services that the person did not know to be unlawful.
[PL 2007, c. 173, §17 (AMD).]
2. If the person was reckless in failing to know the unlawful nature of such an order, the defense is unavailable in a prosecution for a crime for which recklessness suffices to establish liability.
[PL 2007, c. 173, §17 (AMD).]
SECTION HISTORY
PL 1981, c. 324, §25 (NEW). PL 2007, c. 173, §17 (AMD).
Structure Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION
17-A §101. General rules for defenses and affirmative defenses; justification
17-A §103-B. Involuntary conduct
17-A §104. Use of force in defense of premises
17-A §105. Use of force in property offenses
17-A §106. Physical force by persons with special responsibilities
17-A §107. Physical force in law enforcement
17-A §108. Physical force in defense of a person
17-A §110. Threat to use deadly force against a law enforcement officer