1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person’s act or omission to act is involuntary.

[PL 1999, c. 195, §2 (NEW).]

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2. An omission to act is involuntary if the person fails to perform an act and:
A. The person is not capable of performing the act; [PL 1999, c. 195, §2 (NEW).]
B. The person has no legal duty to perform the act; or [PL 1999, c. 195, §2 (NEW).]
C. The person has no opportunity to perform the act. [PL 1999, c. 195, §2 (NEW).]

[PL 1999, c. 195, §2 (NEW).]

3. Possession of something is involuntary if the person:
A. Did not knowingly procure or receive the thing possessed; or [PL 1999, c. 195, §2 (NEW).]
B. Was not aware of the person’s control of the possession for a sufficient period to have been able to terminate the person’s possession of the thing. [PL 1999, c. 195, §2 (NEW).]

[PL 1999, c. 195, §2 (NEW).]

SECTION HISTORY

PL 1999, c. 195, §2 (NEW).