Maine Revised Statutes Title 15 Sec. 1094-C – Improper contact with alleged murder victim’s family or household member
Current as of: 2023 | Check for updates
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1. Improper contact. A person is guilty of improper contact with an alleged murder victim’s family or household member if:
A. The person is being detained as a result of the person’s arrest for the intentional or knowing murder of the alleged victim; [PL 2017, c. 432, Pt. A, §2 (NEW).]
B. A Harnish bail proceeding:
(1) Has not yet taken place;
(2) Has been waived in open court by the person; or
(3) Has taken place and the person’s conditional right to bail has been extinguished and bail has been denied by the court; [PL 2017, c. 432, Pt. A, §2 (NEW).]
C. The person:
(1) In the circumstance specified in paragraph B, subparagraph (1) is notified, in writing or otherwise, by the detaining county jail, correctional facility or mental health institute staff not to make direct or indirect contact with any specifically identified family or household member of the alleged victim of the crime for which the person is being detained; or
(2) In the circumstance specified in paragraph B, subparagraph (2) or (3) is notified on the record or in writing by the court not to make direct or indirect contact with any specifically identified family or household member of the alleged victim of the crime for which the person is being detained; and [PL 2017, c. 432, Pt. A, §2 (NEW).]
D. After the notification specified in paragraph C, the person intentionally or knowingly makes direct or indirect contact with the specifically identified family or household member of the alleged victim of the crime for which the person is being detained. [PL 2017, c. 432, Pt. A, §2 (NEW).]
As used in this subsection, “family or household member” has the same meaning as in Title 19?A, section 4102, subsection 6, paragraphs A to E.
[PL 2021, c. 647, Pt. B, §14 (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:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 1094-C
- 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.
- Court: means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge when assigned under Title 4, section 157?C. See Maine Revised Statutes Title 15 Sec. 1003
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
2. Penalty. Violation of this section is a Class C crime.
[PL 2017, c. 432, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 432, Pt. A, §2 (NEW). PL 2021, c. 647, Pt. B, §14 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).