Maine Revised Statutes Title 17-A Sec. 754 – Obstructing criminal prosecution
Current as of: 2023 | Check for updates
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1. A person is guilty of obstructing criminal prosecution if:
A. The person uses force, violence or intimidation, or the person promises, offers or gives any pecuniary benefit or anything of benefit to another, with the intent to induce the other:
(1) To refrain from initiating a criminal prosecution or juvenile proceeding; or
(2) To refrain from continuing with a criminal prosecution or juvenile proceeding that the other person has initiated; or [PL 2019, c. 438, §4 (AMD).]
B. The person solicits, accepts or agrees to accept any pecuniary benefit or anything of benefit to another in consideration of doing any of the things specified in this subsection. [PL 2019, c. 438, §4 (AMD).]
[PL 2019, c. 438, §4 (AMD).]
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 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 17-A Sec. 754
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. This section does not apply to conduct authorized by Title 15, section 891.
[PL 2001, c. 383, §89 (AMD); PL 2001, c. 383, §156 (AFF).]
3. It is an affirmative defense to prosecution under this section that:
A. The charge in fact made or liable to be made was for a Class D or Class E crime or a comparable juvenile offense; and [PL 1977, c. 510, §62 (RPR).]
B. The pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense. [PL 1977, c. 510, §62 (RPR).]
[PL 1977, c. 510, §62 (RPR).]
4. Obstructing criminal prosecution is a Class C crime.
[PL 1977, c. 510, §62 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §62 (RPR). PL 2001, c. 383, §89 (AMD). PL 2001, c. 383, §156 (AFF). PL 2019, c. 438, §4 (AMD).