State v. Kee

WERNICK, Justice.

After a jury trial in the Superior Court (Lincoln County), defendant James William Kee was adjudicated convicted of the Class E 1 crime of trespassing on the premises of the “Maine Yankee” nuclear power plant situated in Wiseasset, Maine. Defendant has appealed from the judgment of conviction, contending that the presiding Justice erroneously precluded him from justifying his conduct by asserting the “defense” of “competing harms” authorized by 17 — A M.R.S.A. § 103.

We reject defendant’s claim.

As here pertinent, 17-A M.R.S.A. § 103(1) provides:

“Conduct which the actor…