Maine Statutes
§ 17-A §102-A — Military orders
Maine·Title 17-A MAINE CRIMINAL CODE·Part 1 GENERAL PRINCIPLES·Ch. 5 DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION
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.
2.If the person was reckless in failing to know the unlawful nature of such an order, the defense is unavailable in a prosecution for a crime for which recklessness suffices to establish liability.
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Legislative History
PL 1981, c. 324, §25 (NEW). PL 2007, c. 173, §17 (AMD).
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Penalty for violation