Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 103-B (2026)

Involuntary conduct

✓ current as of May 2026

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1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act is involuntary.

[PL 1999, c. 195, §2 (NEW).]

2. An omission to act is involuntary if the person fails to perform an act and:

A. The person is not capable of performing the act; [PL 1999, c. 195, §2 (NEW).]

B. The person has no legal duty to perform the act; or [PL 1999, c. 195, §2 (NEW).]

C. The person has no opportunity to perform the act. [PL 1999, c. 195, §2 (NEW).]

[PL 1999, c. 195, §2 (NEW).]

3. Possession of something is involuntary if the person:

A. Did not knowingly procure or receive the thing possessed; or [PL 1999, c. 195, §2 (NEW).]

B. Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's possession of the thing. [PL 1999, c. 195, §2 (NEW).]

[PL 1999, c. 195, §2 (NEW).]

SECTION HISTORY

PL 1999, c. 195, §2 (NEW).

Notes of Decisions

Cited in 6 cases, 2000–2019 · leading case: State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017).

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State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017). · cites it 3× “See 17-A M.R.S. § 103-B (2016); Morrison, 2016 ME 47, ¶ 7 , 135 A.”

State of Maine v. John M. Burbank, 2019 ME 37 (Me. 2019). · cites it 2× “[o]perates a motor vehicle . . . [w]hile having an alcohol level of 0.”

State of Maine v. Holly Morrison, 2016 ME 47 (Me. 2016). “” 17-A M.R.S. § 103-B(1) (2015). Voluntary conduct is “the result of an exercise of [a] defendant’s conscious choice to perform [it],’’ whereas involuntary conduct includes “reflex[es], convulsionfs], or other act[s] over which a person has no control.”

State v. Kremen, 2000 ME 117 (Me. 2000). · cites it 2× “[19] Finding "consent" to search voluntary in drug seizure cases requires an interesting circuity of reasoning. To convict a person of possession of the drugs found, the court must find, beyond a reasonable doubt, that she knew or was aware of her possession of the drugs.”

State of Maine v. Dustin Brown, 2017 ME 59 (Me. 2017). “2003); 17-A M.R.S. § 103-B (2016); State v. Morrison, 2016 ME 47, ¶ 9 , 135 A.”

State of Maine v. Michael J. Siracusa Jr., 2017 ME 84 (Me. 2017). “See 17-A M.R.S. § 103-B (2016); State v. Morrison, 2016 ME 47, ¶ 9 , 135 A.”

— Me. Rev. Stat. tit. 17-A, § 103-B(1) — 3 cases

State of Maine v. John M. Burbank, 2019 ME 37 (Me. 2019). “[o]perates a motor vehicle . . . [w]hile having an alcohol level of 0.”

State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017). “See 17-A M.R.S. § 103-B (2016); Morrison, 2016 ME 47, ¶ 7 , 135 A.”

State of Maine v. Holly Morrison, 2016 ME 47 (Me. 2016). “” 17-A M.R.S. § 103-B(1) (2015). Voluntary conduct is “the result of an exercise of [a] defendant’s conscious choice to perform [it],’’ whereas involuntary conduct includes “reflex[es], convulsionfs], or other act[s] over which a person has no control.”

— Me. Rev. Stat. tit. 17-A, § 103-B(3) — 1 case

State v. Kremen, 2000 ME 117 (Me. 2000). “[19] Finding "consent" to search voluntary in drug seizure cases requires an interesting circuity of reasoning. To convict a person of possession of the drugs found, the court must find, beyond a reasonable doubt, that she knew or was aware of her possession of the drugs.”

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