§2087. Refusal to provide proper identification
1. Refusal to provide proper identification prohibited. A person may not intentionally refuse to provide a law enforcement officer proper identification if:
A. The person is present on licensed premises at a time when minors are not permitted to be on the premises; [PL 1999, c. 413, §2 (NEW).]
B. The officer has a reasonable and articulable suspicion that a violation of law has taken place or is taking place because a minor is present on licensed premises; [PL 1999, c. 413, §2 (NEW).]
C. The officer has a reasonable and articulable suspicion that the person is a minor; and [PL 1999, c. 413, §2 (NEW).]
D. The officer has informed the person that the officer is investigating a possible liquor violation involving the presence of minors on the licensed premises and that the officer believes that the person is a minor. [PL 1999, c. 413, §2 (NEW).]
For purposes of this section, "proper identification" means a person's correct name, address and date of birth except that, if a person has in the person's possession an identification card issued under Title 29‑A, section 1410, or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A, chapter 11, proper identification means that identification card or motor vehicle operator's license.
[PL 1999, c. 413, §2 (NEW).]
2. Penalties. A violation of this section is a civil violation for which a forfeiture of not more than $500 may be adjudged.
[PL 1999, c. 413, §2 (NEW).]
3. Defense. It is a defense to prosecution under subsection 1 if in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol:
A. The minor in good faith sought medical or emergency treatment or assistance for the minor or the other person; or [PL 2015, c. 154, §2 (NEW).]
B. The minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of a person contacting emergency medical services or law enforcement. [PL 2015, c. 154, §2 (NEW).]
This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.
[PL 2015, c. 154, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 413, §2 (NEW). PL 2015, c. 154, §2 (AMD).
Structure Maine Revised Statutes
Part 6: PROHIBITED ACTS AND PENALTIES
Chapter 83: PROHIBITED ACTS IN GENERAL
28-A §2071. Failure to appear before the bureau
28-A §2072. Illegal deposit or possession with intent to sell
28-A §2073. In-state transportation of liquor for illegal sale
28-A §2073-A. Importation of spirits
28-A §2073-B. In-state transportation of spirits
28-A §2073-C. Importation of malt liquor, wine or low-alcohol spirits products
28-A §2073-D. In-state transportation of malt liquor, wine or low-alcohol spirits products
28-A §2073-E. Importation and in-state transportation of liquor for special purposes
28-A §2074. Illegal transportation of liquor on or off licensed premises
28-A §2074-A. Illegal storage, purchase or sale of spirits by an on-premises licensee; penalty
28-A §2075. Importation and transportation of spirits (REPEALED)
28-A §2076. Illegal delivery of spirits
28-A §2077. Importation and transportation of malt liquor and wine (REPEALED)
28-A §2077-A. Interstate reciprocal shipping of malt liquor and wine (REPEALED)
28-A §2077-B. Interstate shipping of liquor prohibited
28-A §2078. Illegal sale of liquor
28-A §2079. Aiding children in illegal possession or sale
28-A §2080. Common sellers (REPEALED)
28-A §2081. Furnishing or allowing consumption of liquor by certain persons prohibited
28-A §2082. Sale of imitation liquor
28-A §2083. Sale or delivery of liquor to prisoners (REPEALED)
28-A §2084. Sales by agent of licensee to minors (REPEALED)
28-A §2085. False statement by retail employee
28-A §2086. Sale or furnishing of brewing or wine-making equipment prohibited