Maine Code § 17-A-201

Murder
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1. A person is guilty of murder if the person:
A. Intentionally or knowingly causes the death of another human being; [PL 2001, c. 383, §8
(AMD); PL 2001, c. 383, §156 (AFF).]
B. Engages in conduct that manifests a depraved indifference to the value of human life and that
in fact causes the death of another human being; or [PL 2001, c. 383, §8 (AMD); PL 2001, c.
383, §156 (AFF).]
C. Intentionally or knowingly causes another human being to commit suicide by the use of force,
duress or deception. [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder
is charged, the crime of criminally negligent manslaughter is deemed to be charged.
[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
2. The sentence for murder is as authorized in chapter 63.
[PL 2019, c. 113, Pt. B, §9 (AMD).]

3. It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person
causes the death while under the influence of extreme anger or extreme fear brought about by adequate
provocation.
[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
4. For purposes of subsection 3, provocation is adequate if:
A. It is not induced by the person; and [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156
(AFF).]
B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear,
provided that evidence demonstrating only that the person has a tendency towards extreme anger
or extreme fear is not sufficient, in and of itself, to establish the reasonableness of the person's
reaction. [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
For purposes of determining whether extreme anger or extreme fear was brought about by adequate
provocation, the provocation was not adequate if it resulted solely from the discovery of, knowledge
about or potential disclosure of the victim's actual or perceived gender, gender identity, gender
expression or sexual orientation, including under circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance toward the person or in which the person and victim dated or
had a romantic or sexual relationship.
[PL 2019, c. 462, §3 (AMD).]
5. Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude
conviction of, manslaughter or any other crime.
[PL 1983, c. 372, §1 (NEW).]
6. It is an affirmative defense to prosecution under subsection 1 that the person's conduct was
expressly authorized by Title 22, chapter 418.
[PL 2019, c. 271, §2 (NEW).]

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