Maine statute
17-A M.R.S. § 102 — Public duty
Current through First Special Session of the 132nd Maine Legislature (current through October 1, 2025)
Part of Chapter 5: Defenses and Affirmative Defenses; Justification, Maine Revised Statutes.
Full text of 17-A M.R.S. § 102
Statutory text current through the First Special Session of the 132nd Maine Legislature (current through October 1, 2025). This publication reproduces the statutory text of the Maine Revised Statutes from the Revisor of Statutes' official published files; it is not the official statutes of the State of Maine and has not been certified by the Secretary of State.
1. Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing the execution of legal process or of military duty; and the judgments or orders of courts or other public tribunals.
2. The justification afforded by this section to public servants is not precluded:
A. By the fact that the law, order or process was defective provided it appeared valid on its face and the defect was not knowingly caused or procured by such public servant; or,
B. As to persons assisting public servants, by the fact that the public servant to whom assistance was rendered exceeded the public servant's legal authority or that there was a defect of jurisdiction in the legal process or decree of the court or tribunal, provided the person believed the public servant to be engaged in the performance of the public servant's duties or that the legal process or court decree was competent.
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