§15223. Criminal operation of elevator or tramway
1. Prohibition.
An owner of an elevator or tramway is guilty of criminal operation of an elevator
or tramway if that owner operates that elevator or tramway without a current and valid
inspection certificate.
[
2001, c. 573, Pt. B, §27 (NEW);
2001, c. 573, Pt. B, §36 (AFF)
.]
2. Strict liability.
Criminal operation of an elevator or tramway is a strict liability crime as defined
in Title 17-A, section 34, subsection 4-A.
[
2001, c. 573, Pt. B, §27 (NEW);
2001, c. 573, Pt. B, §36 (AFF)
.]
3. Specific number of days of criminal operation.
Each day of criminal operation does not constitute a separate crime.
[
2001, c. 573, Pt. B, §27 (NEW);
2001, c. 573, Pt. B, §36 (AFF)
.]
4. Class of crime; enhanced fine.
Criminal operation of an elevator or tramway is a Class E crime. However, notwithstanding
Title 17-A, section 1301, subsection 1-A, paragraph E or Title 17-A, section 1301,
subsection 3, paragraph E, the court may impose an enhanced fine. The fine amount
above that authorized under Title 17-A, section 1301 is based solely on the number
of days of criminal operation pleaded and proved by the State. For each day of criminal
operation pleaded and proved, the court may increase the fine amount by up to $100
for each of those days.
[
2001, c. 573, Pt. B, §27 (NEW);
2001, c. 573, Pt. B, §36 (AFF)
.]
5. Imposition of sentence without enhanced fine.
Nothing in subsection 3 or 4 may be construed to restrict a court, in imposing any
authorized sentencing alternative, including a fine in an amount authorized under
Title 17-A, section 1301, subsection 1-A, paragraph E or Title 17-A, section 1301,
subsection 3, paragraph E, from considering the number of days of illegal operation,
along with any other relevant sentencing factor, which need not be pleaded or proved
by the State.
[
2001, c. 573, Pt. B, §27 (NEW);
2001, c. 573, Pt. B, §36 (AFF)
.]
SECTION HISTORY
1995, c. 560, §H14 (NEW).
1995, c. 560, §H17 (AFF).
2001, c. 573, §B36 (AFF).
2001, c. 573, §B27 (RPR).
