17-A §102-A. Military orders
Title 17-A: MAINE CRIMINAL CODE
Part 1: GENERAL PRINCIPLES
Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION
§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.
[ 2007, c. 173, §17 (AMD) .]
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.
[ 2007, c. 173, §17 (AMD) .]
SECTION HISTORY
1981, c. 324, §25 (NEW). 2007, c. 173, §17 (AMD).