§103-B. Involuntary conduct
1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act is involuntary.
[PL 1999, c. 195, §2 (NEW).]
2. An omission to act is involuntary if the person fails to perform an act and:
A. The person is not capable of performing the act; [PL 1999, c. 195, §2 (NEW).]
B. The person has no legal duty to perform the act; or [PL 1999, c. 195, §2 (NEW).]
C. The person has no opportunity to perform the act. [PL 1999, c. 195, §2 (NEW).]
[PL 1999, c. 195, §2 (NEW).]
3. Possession of something is involuntary if the person:
A. Did not knowingly procure or receive the thing possessed; or [PL 1999, c. 195, §2 (NEW).]
B. Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's possession of the thing. [PL 1999, c. 195, §2 (NEW).]
[PL 1999, c. 195, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 195, §2 (NEW).
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