§11288. Violation
1. Failure to comply; first offense. An offender who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime.
[PL 2011, c. 663, §3 (NEW).]
2. Failure to comply; 2nd offense. A person who has one prior conviction under this section or section 11227 and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class C crime.
[PL 2015, c. 280, §18 (AMD).]
3. Failure to comply; 3rd offense. A person who has 2 or more prior convictions under this section or section 11227 and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class B crime.
[PL 2015, c. 280, §18 (AMD).]
4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2011, c. 663, §3 (NEW).]
5. Prior convictions. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence.
[PL 2011, c. 663, §3 (NEW).]
6. Affirmative defense. It is an affirmative defense that the failure to comply with a duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from just cause.
[PL 2011, c. 663, §3 (NEW).]
7. Permissible inference. Proof that the name and date of birth of the person charged with a violation of this section are the same as those of a person who has been sentenced for an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with a violation of this section is the same person as that person convicted of the offense requiring registration.
[PL 2011, c. 663, §3 (NEW).]
SECTION HISTORY
PL 2011, c. 663, §3 (NEW). PL 2015, c. 280, §18 (AMD).
Structure Maine Revised Statutes
Chapter 17: SEX OFFENDER REGISTRATION AND NOTIFICATION ACT OF 2013
Subchapter 2: SEX OFFENDER REGISTRATION
34-A §11281. Maintenance of sex offender registry
34-A §11282. Duty of offender to register
34-A §11283. Duty of person establishing domicile or residence in this State to register
34-A §11284. Duty of person employed or attending college or school in this State to register
34-A §11285. Duration of registration
34-A §11286. Duty of person traveling beyond the jurisdiction of the United States