Hit and Run Laws in Maine
Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new);
Pt. B, @5 (aff)) §2252. Accidents involving death or personal injury 1. Operator required to stop. The operator of a vehicle involved in an accident anywhere that results in personal injury or death to a person shall immediately stop the vehicle at the scene of the accident or stop as close as possible and immediately return to the scene. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] 2. Provide information. The operator shall remain at the scene and provide to the injured person or the operator or an occupant of the other vehicle: A. The operator's name and address; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] B. The registration number of the operator's vehicle; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] C. An opportunity to examine the driver's license if the other operator or occupant so requests and the license is available. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] 3. Render assistance. The operator shall render reasonable assistance to an injured person. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] 4. Violation. A person commits a Class D crime if that person fails to comply with this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] 5. Aggravated punishment category. Notwithstanding subsection 4, a person commits a Class C crime if that person intentionally, knowingly or recklessly fails to comply with this section and the accident resulted in serious bodily injury, as defined in Title 17-A, section 2, subsection 23, or death. [1999, c. 670, §1 (new).] Section History: PL 1993, Ch. 683, §A2 (NEW). PL 1993, Ch. 683, §B5 (AFF). PL 1999, Ch. 670, §1 (AMD).
Title 17-A: MAINE CRIMINAL CODE §1252. Imprisonment for crimes other than murder 1. In the case of a person convicted of a crime other than murder, the court may sentence to imprisonment for a definite term as provided for in this section, unless the statute which the person is convicted of violating expressly provides that the fine and imprisonment penalties it authorizes may not be suspended, in which case the convicted person shall be sentenced to imprisonment and required to pay the fine authorized therein. Except as provided in subsection 7, the place of imprisonment must be as follows. A. For a Class D or Class E crime the court must specify a county jail as the place of imprisonment. [1989, c. 693, §5 (new).] B. For a Class A, Class B or Class C crime the court must: (1) Specify a county jail as the place of imprisonment if the term of imprisonment is 9 months or less; or (2) Commit the person to the Department of Corrections if the term of imprisonment is more than 9 months. [1989, c. 693, §5 (new).] C. [1995, c. 425, §2 (rp).] [1995, c. 425, §2 (amd).] 2. The court shall set the term of imprisonment as follows: A. In the case of a Class A crime, the court shall set a definite period not to exceed 30 years; [2003, c. 657, §10 (amd).] B. In the case of a Class B crime, the court shall set a definite period not to exceed 10 years; [1975, c. 499, §1 (new).] C. In the case of a Class C crime, the court shall set a definite period not to exceed 5 years; [1975, c. 499, §1 (new).] D. In the case of a Class D crime, the court shall set a definite period of less than one year; or [1975, c. 499, §1 (new).] E. In the case of a Class E crime, the court shall set a definite period not to exceed 6 months. [1975, c. 499, §1 (new).] [2003, c. 657, §10 (amd).] 2-A. [1977, c. 510, §76 (rp).] 3. The court may add to the sentence of imprisonment a restitution order as is provided for in chapter 49, section 1204, subsection 2-A, paragraph B. In such cases, it shall be the responsibility of the Department of Corrections to determine whether the order has been complied with and consideration shall be given in the department's administrative decisions concerning the imprisoned person as to whether the order has been complied with. [1983, c. 816, Pt. A, §6 (amd).] 3-A. At the request of or with the consent of a convicted person, a sentence of imprisonment under this chapter in a county jail or a sentence of probation involving imprisonment in a county jail under chapter 49 may be ordered to be served intermittently. [1977, c. 196 (new).] 4. If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a dangerous weapon then the sentencing class for such crime is one class higher than it would otherwise be. In the case of a Class A crime committed with the use of a dangerous weapon, such use should be given serious consideration by the court in exercising its sentencing discretion. This subsection shall not apply to a violation or an attempted violation of section 208 or to any offense for which the sentencing class is otherwise increased because the actor or an accomplice to his knowledge is armed with a firearm or other dangerous weapon. [1977, c. 510, §78 (amd).] 4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 or section 402-A, subsection 1, paragraph A was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 or section 402-A, subsection 1, paragraph A or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this subsection, for violations under chapter 11, the dates of prior convictions may have occurred at any time. This subsection does not apply to section 210-A if the prior convictions have already served to enhance the sentencing class under section 210-A, subsection 1, paragraph C. [2003, c. 688, Pt. A, §14 (rpr).] 4-B. If the State pleads and proves that the defendant is a repeat sexual assault offender, the court, notwithstanding subsection 2, may set a definite period of imprisonment for any term of years. A. As used in this section, "repeat sexual assault offender" means a person who commits a new gross sexual assault after having been convicted previously and sentenced for any of the following: (1) Gross sexual assault, formerly denominated as gross sexual misconduct; (2) Rape; (3) Attempted murder accompanied by sexual assault; (4) Murder accompanied by sexual assault; or (5) Conduct substantially similar to a crime listed in subparagraph (1), (2), (3) or (4) that is a crime under the laws of the United States or any other state. The date of sentencing is the date of the oral pronouncement of the sentence by the trial court, even if an appeal is taken. [2003, c. 711, Pt. B, §19 (amd).] B. "Accompanied by sexual assault" as used with respect to attempted murder, murder and crimes involving substantially similar conduct in other jurisdictions is satisfied if the sentencing court at the time of sentence imposition makes such a finding. [1999, c. 788, §8 (new).] [2003, c. 711, Pt. B, §19 (amd).] 4-C. If the State pleads and proves that a Class A crime of gross sexual assault was committed by a person who had previously been convicted and sentenced for a Class B or Class C crime of unlawful sexual contact, or an essentially similar crime in another jurisdiction, that prior conviction must be given serious consideration by the court in exercising its sentencing discretion. [2003, c. 711, Pt. B, §20 (new).] 4-D. If the State pleads and proves that a crime under section 253, subsection 1, paragraph C or under section 282, subsection 1, paragraph C or F was committed against a person who had not attained 12 years of age at the time of the offense, the age of the victim must be given serious consideration by the court in exercising its sentencing discretion. [2003, c. 711, Pt. B, §20 (new).] 5. Notwithstanding any other provision of this code, except as provided in this subsection, if the State pleads and proves that a Class A, B or C crime was committed with the use of a firearm against a person, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class for the crime is Class A, the minimum term of imprisonment is 4 years; when the sentencing class for the crime is Class B, the minimum term of imprisonment is 2 years; and when the sentencing class for the crime is Class C, the minimum term of imprisonment is one year. For purposes of this subsection, the applicable sentencing class is determined in accordance with subsection 4. This subsection does not apply if the State pleads and proves criminal threatening or attempted criminal threatening, as defined in section 209, or terrorizing or attempted terrorizing, as defined in section 210, subsection 1, paragraph A. [1995, c. 28, §1 (amd).] 5-A. Notwithstanding any other provision of this Code, for a person convicted of violating section 1105-A, 1105-B, 1105-C or 1105-D: A. Except as otherwise provided in paragraphs B and C, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class is Class A, the minimum term of imprisonment is 4 years; when the sentencing class is Class B, the minimum term of imprisonment is 2 years; and, with the exception of a conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is the basis for the charge is marijuana, when the sentencing class is Class C, the minimum term of imprisonment is one year; [2001, c. 383, §151 (amd); §156 (aff).] B. The court may impose a sentence other than a minimum unsuspended term of imprisonment set forth in paragraph A, if: (1) The court finds by substantial evidence that: (a) Imposition of a minimum unsuspended term of imprisonment under paragraph A will result in substantial injustice to the defendant. In making this determination, the court shall consider, among other considerations, whether the defendant did not know and reasonably should not have known that the victim was less than 18 years of age; (b) Failure to impose a minimum unsuspended term of imprisonment under paragraph A will not have an adverse effect on public safety; and (c) Failure to impose a minimum unsuspended term of imprisonment under paragraph A will not appreciably impair the effect of paragraph A in deterring others from violating section 1105-A, 1105-B, 1105-C or 1105-D; and (2) The court finds that: (b) The defendant is an appropriate candidate for an intensive supervision program, but would be ineligible to participate under a sentence imposed under paragraph A; or (c) The defendant's background, attitude and prospects for rehabilitation and the nature of the victim and the offense indicate that imposition of a sentence under paragraph A would frustrate the general purposes of sentencing set forth in section 1151. If the court imposes a sentence under this paragraph, the court shall state in writing its reasons for its findings and for imposing a sentence under this paragraph rather than under paragraph A; and [2003, c. 232, §1 (amd).] C. If the court imposes a sentence under paragraph B, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class is Class A, the minimum term of imprisonment is 9 months; when the sentencing is Class B, the minimum term of imprisonment is 6 months; and, with the exception of trafficking or furnishing marijuana under section 1105-A or 1105-C, when the sentencing class is Class C, the minimum term of imprisonment is 3 months. [2001, c. 383, §151 (amd); §156 (aff).] [2003, c. 232, §1 (amd).] 5-B. In using a sentencing alternative involving a term of imprisonment for a person convicted of the attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a child who had not in fact attained the age of 6 years at the time the crime was committed, a court shall assign special weight to this objective fact in determining the basic term of imprisonment as the first step in the sentencing process. The court shall assign special weight to any subjective victim impact in determining the maximum period of incarceration in the 2nd step in the sentencing process. The court may not suspend that portion of the maximum term of imprisonment based on objective or subjective victim impact in arriving at the final sentence as the 3rd step in the sentencing process. Nothing in this subsection may be construed to restrict a court in setting a sentence from considering the age of the victim in other circumstances when relevant. [1999, c. 536, §2 (new).] 6. [1989, c. 693, §6 (rp).] 7. If a sentence to a term of imprisonment in a county jail is consecutive to or is to be followed by a sentence to a term of imprisonment in the custody of the Department of Corrections, the court imposing either sentence may order that both be served in the custody of the Department of Corrections. If a court imposes consecutive terms of imprisonment for Class D or Class E crimes and the aggregate length of the terms imposed is one year or more, the court may order that they be served in the custody of the Department of Corrections. [1989, c. 693, §7 (new).] 8. [1991, c. 622, Pt. N, §3 (new); T. 17-A, §1252, sub-§8 (rp).]
Title 15: COURT PROCEDURE -- CRIMINAL §3105-A. Statute of limitations 1. Expiration of limitation; defense. It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, provided that a prosecution for the juvenile crime of murder or criminal homicide in the first or 2nd degree may be commenced at any time. [1987, c. 222, §2 (new).] 2. Limitations. Prosecution for juvenile crimes other than murder or criminal homicide in the first or 2nd degree are subject to the following periods of limitations. A. A prosecution for conduct which, if committed by an adult, is a Class A, Class B or Class C crime, shall be commenced within 6 years after it is committed. [1987, c. 222, §2 (new).] B. A prosecution for conduct which, if committed by an adult, is a Class D or Class E crime shall be commenced within 3 years after it is committed. [1987, c. 222, §2 (new).] C. A prosecution for conduct specified in section 3103, subsection 1, paragraph B, C, D, E or F must be commenced within one year after it is committed. [1995, c. 470, §5 (amd).] [1995, c. 470, §5 (amd).] 3. Limitations not to run. The periods of limitations shall not run: A. During any time when the accused is absent from the State, but in no event shall this provision extend the period of limitation otherwise applicable by more than 5 years; [1987, c. 222, §2 (new).] B. During any time when a prosecution against the accused for the same juvenile crime based on the same conduct is pending in the Juvenile Court of this State; or [1987, c. 222, §2 (new).] C. During any time when, notwithstanding that the court lacks jurisdiction for a reason stated in Title 17-A, section 10-A, subsection 1, an adult prosecution against the accused for the adult offense based on the same conduct is pending in the District Court or the Superior Court. [1987, c. 222, §2 (new).] [1987, c. 222, §2 (new).] 4. Commencement after dismissal. If a timely juvenile petition is dismissed for any error, defect, insufficiency or irregularity, a new prosecution for the same juvenile crime based on the same conduct may be commenced within 3 months after the dismissal, even though the period of limitation has expired at the time of the dismissal or will expire within the period of time. [1987, c. 222, §2 (new).] 5. Elements; commencement of prosecution. For purposes of this section: A. A juvenile crime is committed when every element of the crime has occurred, or if the juvenile crime consists of a continuing course of conduct, at the time when the course of conduct or the defendant's complicity in the conduct is terminated; and [1987, c. 222, §2 (new).] B. A prosecution is commenced when a juvenile petition is filed. [1987, c. 222, §2 (new).] [1987, c. 222, §2 (new).] 6. Lesser included crime; effect. The defense established by this section does not bar a conviction of a juvenile crime included in the juvenile crime charged, notwithstanding that the period of limitation has expired for the included juvenile crime, if, as to the juvenile crime charged, the period of limitation has not expired or there is no such period, and there is evidence which sustains an adjudication for the juvenile crime charged. [1987, c. 222, §2 (new).] Section History: PL 1987, Ch. 222, §2 (NEW). PL 1987, Ch. 769, §A54 (AMD). PL 1989, Ch. 445, §3 (AMD). PL 1995, Ch. 470, §5 (AMD).
Hit and Run Accidents
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