§754. Obstructing criminal prosecution
1. A person is guilty of obstructing criminal prosecution if:
A. The person uses force, violence or intimidation, or the person promises, offers or gives any pecuniary benefit or anything of benefit to another, with the intent to induce the other:
(1) To refrain from initiating a criminal prosecution or juvenile proceeding; or
(2) To refrain from continuing with a criminal prosecution or juvenile proceeding that the other person has initiated; or [PL 2019, c. 438, §4 (AMD).]
B. The person solicits, accepts or agrees to accept any pecuniary benefit or anything of benefit to another in consideration of doing any of the things specified in this subsection. [PL 2019, c. 438, §4 (AMD).]
[PL 2019, c. 438, §4 (AMD).]
2. This section does not apply to conduct authorized by Title 15, section 891.
[PL 2001, c. 383, §89 (AMD); PL 2001, c. 383, §156 (AFF).]
3. It is an affirmative defense to prosecution under this section that:
A. The charge in fact made or liable to be made was for a Class D or Class E crime or a comparable juvenile offense; and [PL 1977, c. 510, §62 (RPR).]
B. The pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense. [PL 1977, c. 510, §62 (RPR).]
[PL 1977, c. 510, §62 (RPR).]
4. Obstructing criminal prosecution is a Class C crime.
[PL 1977, c. 510, §62 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §62 (RPR). PL 2001, c. 383, §89 (AMD). PL 2001, c. 383, §156 (AFF). PL 2019, c. 438, §4 (AMD).
Structure Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
Chapter 31: OFFENSES AGAINST PUBLIC ADMINISTRATION
17-A §751. Obstructing government administration
17-A §751-A. Refusing to submit to arrest or detention (REPEALED)
17-A §751-B. Refusing to submit to arrest or detention
17-A §752. Assault on an officer (REPEALED)
17-A §752-A. Assault on an officer
17-A §752-B. Unlawful interference with law enforcement dogs
17-A §752-C. Assault on an emergency medical care provider
17-A §752-D. Unlawful interference with law enforcement horses
17-A §752-E. Assault on a firefighter
17-A §753. Hindering apprehension or prosecution
17-A §754. Obstructing criminal prosecution
17-A §757. Trafficking in prison contraband
17-A §757-A. Trafficking of tobacco in adult correctional facilities
17-A §757-B. Trafficking of alcoholic beverages in adult correctional facilities
17-A §757-C. Trafficking in contraband in a state hospital
17-A §758. Obstructing report of crime or injury
17-A §759. Violation of interstate compact for adult supervision
17-A §760. Failure to report sexual assault of person in custody