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17 § 1313. Motor vehicle driversThe driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a service dog as defined in section 1312, subsection 7, shall take all necessary precautions to avoid injury to that blind or otherwise physically disabled pedestrian, and any driver who fails to take such precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind or otherwise physically disabled pedestrian, not carrying such a cane or using a service dog in any of the places, accommodations or conveyances listed in section 1312, has all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind or otherwise physically disabled pedestrian to carry such a cane or to use a service dog in any such places, accommodations or conveyances may not be held to constitute nor be evidence of contributory negligence. [2007, c. 664, §21 (AMD).] 17 § 1314. Penalties1. Public facilities; other rights. A person, firm or corporation or the agent of a person, firm or corporation may not: A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1312, subsection 7; or [2003, c. 452, Pt. I, §27 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. Otherwise interfere with the rights of a person who is totally or partially blind or a person with other disabilities under section 1312. [2003, c. 452, Pt. I, §27 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] 2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [ 2003, c. 452, Pt. I, §27 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .] 17 § 1314-A. Misrepresentation of service dogA person who fits a dog with a harness, collar, vest or sign of the type commonly used by blind persons in order to represent that the dog is a service dog or commonly used by persons with disabilities to represent that the dog is a service dog when training of the type that guide dogs normally receive has not been provided or when the dog does not meet the definition of "service dog" as defined in section 1312 commits a civil violation for which a fine of not more than $500 may be adjudged. [2007, c. 664, §22 (AMD).] Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 9: OFFENSES AGAINST THE PERSON 17-A § 210-A. Stalking1. A person is guilty of stalking if: A. The actor intentionally or knowingly engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person : (1) To suffer serious inconvenience or emotional distress; (2) To fear bodily injury or to fear bodily injury to a close relation; (3) To fear death or to fear the death of a close relation; (4) To fear damage or destruction to or tampering with property; or (5) To fear injury to or the death of an animal owned by or in the possession and control of that specific person. Violation of this paragraph is a Class D crime; or [2007, c. 685, §1 (AMD).] B. [2001, c. 383, §156 (AFF); 2001, c. 383, §12 (RP).] C. The actor violates paragraph A and has 2 or more prior convictions in this State or another jurisdiction. Violation of this paragraph is a Class C crime. For the purposes of this paragraph, "prior conviction" means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; Title 22, section 4036; any other temporary, emergency, interim or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent agreement. Section 9-A governs the use of prior convictions when determining a sentence. [2007, c. 685, §1 (AMD).][ 2007, c. 685, §1 (AMD) .] 2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Course of conduct" means 2 or more acts, including but not limited to acts in which the actor, by any action, method, device or means, directly or indirectly follows, monitors, tracks, observes, surveils, threatens, harasses or communicates to or about a person or interferes with a person’s property. "Course of conduct" also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information. [2007, c. 685, §1 (AMD).] B. "Close relation" means a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent , grandparent, any person who regularly resides in the household or who within the prior 6 months regularly resided in the household or any person with a significant personal or professional relationship. [2007, c. 685, §1 (AMD).]C. [2007, c. 685, §1 (RP).] D. "Emotional distress" means mental or emotional suffering of the person being stalked as evidenced by anxiety, fear, torment or apprehension that may or may not result in a physical manifestation of emotional distress or a mental health diagnosis. [2007, c. 685, §1 (NEW).] E. "Serious inconvenience" means that a person significantly modifies that person's actions or routines in an attempt to avoid the actor or because of the actor’s course of conduct. "Serious inconvenience" includes, but is not limited to, changing a phone number, changing an electronic mail address, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule or losing time from work or a job. [2007, c. 685, §1 (NEW).][ 2007, c. 685, §1 (AMD) .] Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 19: FALSIFICATION IN OFFICIAL MATTERS |