§1. Title; effective date; severability
341 words·~2 min read·
/me/title-17-a-maine-criminal-code/chapter-1-preliminary/1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Title 17‑A shall be known and may be cited as the Maine Criminal Code. When it is alleged that an element occurred "on or about" any date prior to the effective date of the code, the prosecution shall be governed by the prior law. When it is alleged that all of the elements occurred "on or about" the effective date of the code or any date thereafter, the prosecution shall be governed by the code.
[PL 1975, c. 740, §9-A (RPR).]
2. Except as provided in section 4‑A , this code shall become effective May 1, 1976, and it shall apply only to crimes committed subsequent to its effective date. Prosecution for crimes repealed by this code, which are committed prior to the effective date shall be governed by the prior law which is continued in effect for that purpose as if this code were not in force; provided that in any such prosecution the court may, with the consent of the defendant, impose sentence under the provisions of the code.
In such cases, the sentencing authority of the court is determined by the application to the prior law of section 4‑A, subsection 3 , which became effective for this purpose May 1, 1976. For purposes of this section, a crime was committed subsequent to the effective date if all of the elements of the crime occurred on or after that date; a crime was not committed subsequent to the effective date if any element thereof occurred prior to that date, or if the evidence may reasonably be interpreted to establish that any element may have occurred prior to that date.
[PL 1981, c. 324, §1 (AMD).]
3. If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.
[PL 1975, c. 499, §1 (NEW).]