§101. General rules for defenses and affirmative defenses; justification 1. The State is not required to negate any facts expressly designated as a “defense,” or any exception, exclusion or authorization that is set out in the statute defining the crime by proof at trial, unless the existence of the defense, exception, exclusion or authorization is […]
§102-A. Military orders 1. It is a defense if the person engaged in the conduct charged to constitute a crime in obedience to an order of the person’s superior in the armed services that the person did not know to be unlawful. [PL 2007, c. 173, §17 (AMD).] 2. If the person was reckless […]
§102. Public duty 1. Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing […]
§103-A. Duress 1. It is a defense that, when a person engages in conduct that would otherwise constitute a crime, the person is compelled to do so by threat of imminent death or serious bodily injury to that person or another person or because that person was compelled to do so by force. [PL […]
§103-B. Involuntary conduct 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).] 2. An omission to act is involuntary if the person fails to perform an act and: A. The […]
§103. Competing harms 1. Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability […]
§104. Use of force in defense of premises 1. A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate the commission […]
§105. Use of force in property offenses A person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person’s property, or criminal mischief, or to […]
§106. Physical force by persons with special responsibilities 1. A parent, foster parent, guardian or other similar person responsible for the long term general care and welfare of a child is justified in using a reasonable degree of force against that child when and to the extent that the person reasonably believes it necessary to […]
§107. Physical force in law enforcement 1. A law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person: A. When and to the extent that the officer reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person, unless the […]
§108. Physical force in defense of a person 1. A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the […]
§109. Consent 1. It is a defense that, when a defendant engages in conduct which would otherwise constitute a crime against the person or property of another, such other consented to the conduct and an element of the crime is negated as a result of such consent. [PL 1981, c. 324, §27 (NEW).] 2. […]
§110. Threat to use deadly force against a law enforcement officer A person otherwise justified in threatening to use deadly force against another is not justified in doing so with the use of a firearm or other dangerous weapon if the person knows or should know that the other person is a law enforcement officer, […]
