1. Improper contact. A person is guilty of improper contact with a family or household member prior to the setting of preconviction bail if:
A. The person is being detained as a result of the person’s arrest for an offense specified in section 1023, subsection 4, paragraph B?1; [PL 2013, c. 478, §2 (NEW).]
B. Preconviction bail has not been set by a justice or judge; [PL 2013, c. 478, §2 (NEW).]
C. The person is notified, in writing or otherwise, by the county jail staff or a law enforcement officer not to make direct or indirect contact with the specifically identified alleged victim of the offense for which the person is being detained; [PL 2017, c. 66, §1 (AMD).]
D. The alleged victim is a family or household member of the person; and [PL 2013, c. 478, §2 (NEW).]
E. After the notification specified in paragraph C, the person intentionally or knowingly makes direct or indirect contact with the specifically identified alleged victim. [PL 2013, c. 478, §2 (NEW).]
As used in this subsection, “family or household member” has the same meaning as in Title 19?A, section 4102, subsection 6.

[PL 2021, c. 647, Pt. B, §13 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

Attorney's Note

Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class D crimeup to 1 yearup to $2,000
For details, see Me. Rev. Stat. Title 17-A § 1604

Terms Used In Maine Revised Statutes Title 15 Sec. 1094-B

  • Arrest: Taking physical custody of a person by lawful authority.
  • bail: means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1026 that is designed to ensure that the defendant shall refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. See Maine Revised Statutes Title 15 Sec. 1003
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Preconviction: means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003
2. Penalty. Violation of this section is a Class D crime.

[PL 2013, c. 478, §2 (NEW).]

SECTION HISTORY

PL 2013, c. 478, §2 (NEW). PL 2017, c. 66, §1 (AMD). PL 2021, c. 647, Pt. B, §13 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).