17-A M.R.S.A. § 1

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 1. Title; effective date; severability

1. Title 17-A shall be known and may be cited as the Maine Criminal Code. When it is alleged that an element occurred “on or about” any date prior to the effective date of the code, the prosecution shall be governed by the prior law. When it is alleged that all of the elements occurred “on or about” the effective date of the code or any date thereafter, the prosecution shall be governed by the code.

2. Except as provided in section 4-A, this code shall become effective May 1, 1976, and it shall apply only to crimes committed subsequent to its effective date. Prosecution for crimes repealed by this code, which are committed prior to the effective date shall be governed by the prior law which is continued in effect for that purpose as if this code were not in force; provided that in any such prosecution the court may, with the consent of the defendant, impose sentence under the provisions of the code. In such cases, the sentencing authority of the court is determined by the application to the prior law of section 4-A, subsection 3, which became effective for this purpose May 1, 1976. For purposes of this section, a crime was committed subsequent to the effective date if all of the elements of the crime occurred on or after that date; a crime was not committed subsequent to the effective date if any element thereof occurred prior to that date, or if the evidence may reasonably be interpreted to establish that any element may have occurred prior to that date.

3. If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 649, § 1, eff. Feb. 20, 1976; 1975, c. 699, § 1, eff. March 2, 1976; 1975, c. 740, §§ 9-A, 10, eff. May 1, 1976; 1977, c. 78, § 118, eff. April 14, 1977; 1981, c. 324, § 1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 2

Effective: May 22, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 2. Definitions

As used in this code, unless a different meaning is plainly required, the following words and variants thereof have the following meanings.

1. “Act” or “action” means a voluntary bodily movement.

2. “Acted” includes, where appropriate, possessed or omitted to act.

3. “Actor” includes, where appropriate, a person who possesses something or who omits to act.

3-A. Repealed. 1977, c. 510, § 9.

3-B. “Another jurisdiction” means the Federal Government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa and each of the several states except Maine. “Another jurisdiction” also means the Passamaquoddy Tribe when that tribe has acted pursuant to Title 30, section 6209-A, subsection 1, paragraph A or B and the Penobscot Nation when that tribe has acted pursuant to Title 30, section 6209-B, subsection 1, paragraph A or B.

3-C. Adult probation supervisor. “Adult probation supervisor” means any person who:

A. Is an employee of the Department of Corrections;

B. Supervises adult probation officers; and

C. Is trained, qualified and authorized by the Commissioner of Corrections to use deadly force.

4. “Benefit” means any gain or advantage to the actor, and includes any gain or advantage to a person other than the actor which is desired or consented to by the actor.

5. “Bodily injury” means physical pain, physical illness or any impairment of physical condition.

5-A. “Corrections officer” has the same meaning as in Title 25, section 2801-A, subsection 2.

5-B. Corrections supervisor. “Corrections supervisor” means any person who:

A. Is an employee of the Department of Corrections;

B. Supervises corrections officers; and

C. Is trained, qualified and authorized by the Commissioner of Corrections to use deadly force.

6. “Criminal negligence” has the meaning set forth in section 35.

6-A. “Critical infrastructure” means critical public or private infrastructure resource systems involved in providing services necessary to ensure or protect the public health, safety and welfare, including, but not limited to, a public water system or a public water source; an emergency, governmental, medical, fire or law enforcement response system; a public utility system; a financial system; an educational system; or a food or clothing distribution system.

7. “Culpable” has the meaning set forth in section 35.

8. “Deadly force” means physical force that a person uses with the intent of causing, or that a person knows to create a substantial risk of causing, death or serious bodily injury. Except as provided in section 101, subsection 5, intentionally, knowingly or recklessly discharging a firearm in the direction of another person or at a moving vehicle constitutes deadly force.

9. Dangerous weapon.

A. “Use of a dangerous weapon” means the use of a firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which, in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.

B. “Armed with a dangerous weapon” means in actual possession, regardless of whether the possession is visible or concealed, of:

(1) A firearm;

(2) Any device designed as a weapon and capable of producing death or serious bodily injury; or

(3) Any other device, instrument, material or substance, whether animate or inanimate, which, in the manner it is intended to be used by the actor, is capable of producing or threatening death or serious bodily injury. For purposes of this definition, the intent may be conditional.

C. When used in any other context, “dangerous weapon” means a firearm or any device designed as a weapon and capable of producing death or serious bodily injury.

D. For purposes of this subsection, proof that a thing is presented in a covered or open manner as a dangerous weapon gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that it, in fact, is a dangerous weapon.

10. “Dwelling place” means a structure that is adapted for overnight accommodation of persons, or sections of any structure similarly adapted. A dwelling place does not include garages or other structures, whether adjacent or attached to the dwelling place, that are used solely for the storage of property or structures formerly used as dwelling places that are uninhabitable. It is immaterial whether a person is actually present.

11. “Element of the crime” has the meaning set forth in section 32.

12. “Financial institution” means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

12-A. “Firearm” means any weapon, whether loaded or unloaded, which is designed to expel a projectile by the action of an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun. Any weapon which can be made into a firearm by the insertion of a firing pin, or other similar thing, or by repair, is a firearm.

13. “Government” means the United States, any state or any county, municipality or other political unit within territory belonging to the State, the United States, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government or formed pursuant to interstate compact or international treaty.

14. “He” means, where appropriate, “she,” or an organization.

15. “Intentionally” has the meaning set forth in section 35.

16. “Knowingly” has the meaning set forth in section 35.

17. “Law enforcement officer” means any person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes whether that duty extends to all crimes or is limited to specific crimes, to perform probation functions or to perform intensive supervision functions or who is an adult probation supervisor.

18. “Nondeadly force” means any physical force which is not deadly force.

19. “Organization” means a corporation, partnership or unincorporated association.

20. “Person” means a human being or an organization.

21. “Public servant” means any official officer or employee of any branch of government and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function. A person is considered a public servant upon the person's election, appointment or other designation as such, although the person may not yet officially occupy that position.

21-A. “Public utility system” includes any pipeline, gas, electric, steam, water, oil, transportation, sanitation, communication or other system operated for public use regardless of ownership.

21-B. “Public water source” has the same meaning as in Title 22, section 2641.

21-C. “Public water system” has the same meaning as in Title 22, section 2601, subsection 8.

22. “Recklessly” has the meaning set forth in section 35.

23. “Serious bodily injury” means a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for recovery of physical health.

23-A. “Strict liability crime” has the meaning set forth in section 34.

24. “Structure” means a building or other place designed to provide protection for persons or property against weather or intrusion, but does not include vehicles and other conveyances whose primary purpose is transportation of persons or property unless such vehicle or conveyance, or a section thereof, is also a dwelling place.

25. “Terroristic intent” means the intent to do any of the following for the purpose of intimidating or coercing a civilian population or to affect the conduct of government:

A. Cause serious bodily injury or death to multiple persons;

B. Cause substantial damage to multiple structures; or

C. Cause substantial damage to critical infrastructure.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 11, eff. May 1, 1976; 1977, c. 510, §§ 9 to 12; 1981, c. 324, § 2; 1983, c. 219; 1989, c. 18, § 1, eff. March 27, 1989; 1989, c. 113, § 2, eff. May 9, 1989; 1995, c. 215, § 1; 1995, c. 625, § A-19, eff. April 8, 1996; 1999, c. 23, § 1; 2001, c. 383, § 1, eff. Jan. 31, 2003; 2001, c. 634, § 2; 2007, c. 173, §§ 1, 2; 2007, c. 476, § 1; 2009, c. 142, §§ 1, 2; 2009, c. 336, § 4; 2011, c. 691, § A-11, eff. May 22, 2012.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 3

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 3. All crimes defined by statute; civil actions

1. No conduct constitutes a crime unless it is prohibited

A. By this code; or

B. By any statute or private act outside this code, including any rule, regulation or ordinance authorized by and lawfully adopted under a statute.

2. This code does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an offense defined in this code.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 12, eff. May 1, 1976; 1977, c. 510, § 13.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 4

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 4. Classification of crimes in this Code

1. Except for murder, all crimes defined by this Code are classified for purposes of sentencing as Class A, Class B, Class C, Class D and Class E crimes.

2. Repealed. Laws 1985, c. 282, § 1.

3. Repealed. Laws 1981, c. 324, § 3.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 13, eff. May 1, 1976; 1977, c. 510, § 14; 1981, c. 324, § 3; 1985, c. 282, § 1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 4-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 4-A. Crimes and civil violations outside the code

1. Except as provided in section 1, subsection 2, this section becomes effective October 24, 1977.

2. Repealed. 1981, c. 324, § 5.

2-A. A statute outside this code may be expressly designated as a Class A, Class B, Class C, Class D or Class E crime, in which case sentencing for violation of such a statute is governed by the provisions of this code.

3. In statutes defining crimes which are outside this code and which are not expressly designated as Class A, Class B, Class C, Class D or Class E crimes, the class depends upon the imprisonment penalty that is provided as follows. If the maximum period authorized by the statute defining the crime:

A. Exceeds 10 years, the crime is a Class A crime;

B. Exceeds 5 years, but does not exceed 10 years, the crime is a Class B crime;

C. Exceeds 3 years, but does not exceed 5 years, the crime is a Class C crime;

D. Exceeds one year, but does not exceed 3 years, the crime is a Class D crime; and

E. Does not exceed one year, the crime is a Class E crime.

4. Repealed. Laws 1985, c. 282, § 2.

5. Repealed. Laws 1991, c. 622, § N-2.

CREDIT(S)

1975, c. 740, § 14, eff. May 1, 1976. Amended by 1977, c. 510, §§ 15, 16; 1977, c. 564, § 84, eff. July 23, 1977; 1977, c. 661, § 6, eff. Jan. 1, 1979; 1981, c. 324, §§ 4 to 7; 1981, c. 698, § 91, eff. April 16, 1982; 1985, c. 282, § 2; 1991, c. 622, § N-2, eff. Dec. 23, 1991.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 4-B

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 4-B. Civil violations

1. All civil violations are expressly declared not to be criminal offenses. They are enforceable by the Attorney General, the Attorney General's representative or any other appropriate public official in a civil action to recover what may be designated a fine, penalty or other sanction, or to secure the forfeiture that may be decreed by the law.

2. A law or ordinance may be expressly designated as a civil violation.

3. A law or ordinance which prohibits defined conduct, but does not provide an imprisonment penalty, is a civil violation, enforceable in accordance with subsection 1. A law or ordinance which is stated to be a criminal violation or which otherwise uses language indicating that it is a crime, but does not provide an imprisonment penalty is a civil violation, enforceable in accordance with subsection 1, unless the law or ordinance is an exception to the operation of this subsection.

4. Evidence obtained pursuant to an unlawful search and seizure shall not be admissible in a civil violation proceeding arising under Title 22, section 2383.

CREDIT(S)

1985, c. 282, § 3; 2007, c. 173, § 3.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 5

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 5. Repealed. Laws 1981, c. 324, § 8

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 6

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 6. Application to crimes outside the code

1. The provisions of Parts 1 and 3 and chapter 7 [FN1] are applicable to crimes defined outside this code, unless the context of the statute defining the crime clearly requires otherwise.

2, 3. Repealed. Laws 1977, c. 510, § 17.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 16-A, eff. May 1, 1976; 1977, c. 510, § 17; 1981, c. 324, § 9; 1989, c. 502, § D, 9, eff. June 30, 1989.

[FN1] 17-A M.R.S.A. §§ 1 et seq., 51 et seq., 151 et seq.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 7

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 7. Territorial applicability

1. Except as otherwise provided in this section, a person may be convicted under the laws of this State for any crime committed by the person's own conduct or by the conduct of another for which the person is legally accountable only if:

A. Either the conduct that is an element of the crime or the result that is such an element occurs within this State or has a territorial relationship to this State;

B. Conduct occurring outside this State constitutes an attempt to commit a crime under the laws of this State and the intent is that the crime take place within this State;

C. Conduct occurring outside this State would constitute a criminal conspiracy under the laws of this State, an overt act in furtherance of the conspiracy occurs within this State or has a territorial relationship to this State, and the object of the conspiracy is that a crime take place within this State;

D. Conduct occurring within this State or having a territorial relationship to this State would constitute complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction that is also a crime under the law of this State;

E. The crime consists of the omission to perform a duty imposed on a person by the law of this State, regardless of where that person is when the omission occurs;

F. The crime is based on a statute of this State that expressly prohibits conduct outside the State, when the person knows or should know that the person's conduct affects an interest of the State protected by that statute; or

G. Jurisdiction is otherwise provided by law.

2. Subsection 1, paragraph A does not apply if:

A. Causing a particular result or danger of causing that result is an element and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense; or

B. Causing a particular result is an element of the crime and the result is caused by conduct occurring outside the State which would not constitute an offense if the result had occurred there.

3. When the crime is homicide, a person may be convicted under the laws of this State if either the death of the victim or the bodily impact causing death occurred within the State or had a territorial relationship to the State. Proof that the body of a homicide victim is found within this State gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such death or impact occurred within the State. When the crime is theft, a person may be convicted under the laws of this State if that person obtained property of another, as defined in chapter 15, section 352, outside of this State and brought the property into the State.

4. Conduct or a result has a territorial relationship to this State if it is not possible to determine beyond a reasonable doubt that it occurred inside or outside of this State, because a boundary cannot be precisely located or the location of any person cannot be precisely established in relation to a boundary, and if the court determines that this State has a substantial interest in prohibiting the conduct or result. In determining whether this State has a substantial interest, the court shall consider the following factors:

A. The relationship to this State of the actor or actors and of persons affected by the conduct or result, whether as citizens, residents or visitors;

B. The location of the actor or actors and persons affected by the conduct or result prior to and after the conduct or result;

C. The place in which other crimes, if any, in the same criminal episode were committed; and

D. The place in which the intent to commit the crime was formed.

5. The existence of territorial jurisdiction must be proved beyond a reasonable doubt.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1979, c. 512, §§ 15 to 19; 1981, c. 324, § 10; 1981, c. 470, § A, 36, eff. June 18, 1981; 2001, c. 383, § 2, eff. Jan. 31, 2003; 2007, c. 173, § 4.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 8

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 8. Statute of limitations

1. It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section; provided that a prosecution for murder or criminal homicide in the first or 2nd degree, or, if the victim had not attained the age of 16 years at the time of the crime, a prosecution for: incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct, may be commenced at any time.

2. Prosecutions for crimes other than murder or criminal homicide in the first or 2nd degree, or, if the victim had not attained the age of 16 years at the time of the crime, prosecutions for: incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct, are subject to the following periods of limitations:

A. A prosecution for a Class A, Class B or Class C crime must be commenced within 6 years after it is committed; and

B. A prosecution for a Class D or Class E crime must be commenced within 3 years after it is committed.

3. The periods of limitations shall not run:

A. During any time when the accused is absent from the State, but in no event shall this provision extend the period of limitation otherwise applicable by more than 5 years;

B. During any time when a prosecution against the accused for the same crime based on the same conduct is pending in this State; or

C. During any time when a prosecution against the accused for the corresponding juvenile crime based on the same conduct is pending in the Juvenile Court. For purposes of this section, pending includes any appeal period and, if an appeal is taken, any period pending its final disposition.

4. If a timely complaint, information or indictment is dismissed for any error, defect, insufficiency or irregularity, a new prosecution for the same crime based on the same conduct may be commenced within 6 months after the dismissal, or during the next session of the grand jury, whichever occurs later, even though the periods of limitations have expired at the time of such dismissal or will expire within such period of time.

5. If the period of limitation has expired, a prosecution may nevertheless be commenced for:

A. Any crime based upon breach of fiduciary obligation, within one year after discovery of the crime by an aggrieved party or by a person who has a legal duty to represent an aggrieved party, and who is not a party to the crime, whichever occurs first;

B. Any crime based upon official misconduct by a public servant, at any time when such person is in public office or employment or within 2 years thereafter.

C. This subsection shall in no event extend the limitation period otherwise applicable by more than 5 years.

6. For purposes of this section:

A. A crime is committed when every element thereof has occurred, or if the crime consists of a continuing course of conduct, at the time when the course of conduct or the defendant's complicity therein is terminated; and

B. A prosecution is commenced whenever one of the following occurs:

(1) A criminal complaint is filed;

(2) An indictment is returned; or

(3) Following waiver of an indictment, an information is filed.

7. The defense established by this section shall not bar a conviction of a crime included in the crime charged, notwithstanding that the period of limitation has expired for the included crime, if as to the crime charged the period of limitation has not expired or there is no such period, and there is evidence which would sustain a conviction for the crime charged.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, § 18; 1981, c. 317, § 4; 1981, c. 470, §§ A, 37, 38, eff. June 18, 1981; 1987, c. 222, §§ 3, 4; 1991, c. 585, §§ 1, 2; 1999, c. 438, §§ 1, 2; 2007, c. 173, § 5.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 9

Effective: July 1, 2006

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 9. Indictment and jurisdiction

Notwithstanding any other provision of law:

1. All proceedings for Class A, B and C crimes must be prosecuted by indictment, unless indictment is waived, in which case prosecution must be as the Supreme Judicial Court provides by rule;

2. All proceedings for murder shall be prosecuted by indictment; and

3. The District Courts have jurisdiction to try civil violations and Class D and E crimes and to impose sentence in Class A, B and C crimes in which the District Court has accepted a plea of guilty.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 17, eff. May 1, 1976; 1977, c. 510, § 19; 1997, c. 4, § 2; 2005, c. 326, § 2, eff. July 1, 2006.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 9-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 9-A. Allegation of prior conviction when sentence enhanced

1. Except as otherwise provided by law, a prior conviction must be specially alleged if the sentencing provision of a crime requires that a present sentence be enhanced because the person has been previously convicted of a specified crime. For the purpose of this section, a sentence is enhanced only if the maximum sentence that may be imposed is increased or a mandatory minimum nonsuspendable sentence must be imposed. The Supreme Judicial Court shall provide by rule the manner of alleging the prior conviction in a charging instrument and conditions for using that prior conviction at trial.

2. Proof that the name and date of birth of the person charged with the current principal offense are the same as those of the person who has been convicted of the prior offense gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with the current principal offense is the same person as that person convicted of the prior offense.

3. Prior convictions may be considered for purposes of enhancing a present sentence if the date of each prior conviction precedes the commission of the offense being enhanced by no more than 10 years, except as otherwise provided by law. More than one prior conviction may have occurred on the same day. The date of conviction is deemed to be the date that the sentence is imposed, even though an appeal was taken.

4. Proof of the date stated in a complaint, information, indictment or other formal charging instrument gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such a date is the date the offense was committed, notwithstanding the use of the words “on or about” or the equivalent. The convictions of 2 or more prior offenses that were committed within a 3-day period are considered a single conviction for purposes of this section.

CREDIT(S)

1999, c. 196, § 2; 2001, c. 383, §§ 3, 4, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 10

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 10. Repealed. Laws 1981, c. 324, § 11

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 10-A

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 10-A. Jurisdiction over juveniles

1. A criminal proceeding may not be commenced against any person who had not attained 18 years of age at the time of the alleged crime, except as the result of a finding of probable cause authorized by Title 15, section 3101, subsection 4, or in regard to the offenses over which juvenile courts have no jurisdiction, as provided in Title 15, section 3101, subsection 2.

2. When it appears that the defendant's age, at the time the crime charged was committed, may have been such that the court lacks jurisdiction by reason stated in subsection 1, the court shall hold a hearing on the matter and the burden shall be on the State to establish the court's jurisdiction, as defined by subsection 1, by a preponderance of the evidence.

CREDIT(S)

1981, c. 324, § 12; 2007, c. 173, § 6.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 11

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 11. Repealed. Laws 1981, c. 324, § 13

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 12

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 12. De minimis infractions

1. The court may dismiss a prosecution if, upon notice to or motion of the prosecutor and opportunity to be heard, having regard to the nature of the conduct alleged and the nature of the attendant circumstances, it finds the defendant's conduct:

A. Was within a customary license or tolerance, which was not expressly refused by the person whose interest was infringed and which is not inconsistent with the purpose of the law defining the crime; or

B. Did not actually cause or threaten the harm sought to be prevented by the law defining the crime or did so only to an extent too trivial to warrant the condemnation of conviction; or

C. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in defining the crime.

2. The court shall not dismiss a prosecution under this section without filing a written statement of its reasons.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 13

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 13. Other offenses

1. The existence of a crime other than the one charged, but based on the same conduct or arising from the same criminal episode, for which a person may be prosecuted, whether that crime is a lesser or greater crime as to elements or sentencing classification, shall not preclude prosecution for the offense charged unless a contrary legislative intent plainly appears.

2. Repealed. 1979, c. 512, § 20.

CREDIT(S)

1975, § 499, § 1, eff. May 1, 1976; 1975, c. 740, § 20, eff. May 1, 1976; 1979, c. 512, § 20.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 13-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 13-A. Included offenses

1. The court shall not instruct the jury to consider, nor shall the court as factfinder consider, a lesser included offense, as defined in subsection 2, unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense. If a rational basis exists, the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter within the discretion of the court.

2. For purposes of this section, a lesser included offense is an offense carrying a lesser penalty which:

A. As legally defined, must necessarily be committed when the offense or alternative thereof actually charged, as legally defined, is committed. If the lesser offense is defined in a manner that it may be committed in alternative ways, each alternative which meets the above definition shall be deemed to be a lesser included offense. Facts which are a basis for sentencing classification of either the crime charged or the lesser crime shall be considered alternatives of those crimes;

B. Meets the requirements of paragraph A, except that a culpable state of mind is required which is different than that charged but which results in lesser criminal liability; or

C. Is by statute expressly declared to be charged when the greater offense is charged.

3. The court in its discretion may instruct the jury to consider, or may as factfinder consider, any other offense or another alternative of the offense charged, although that other offense or alternative is not a lesser included offense, if:

A. On the basis of the evidence, there is a rational basis for finding the defendant guilty of the other offense;

B. The other offense does not carry a greater penalty than the offense charged;

C. Both the State and the defendant consent to the consideration of the other offenses by the factfinder; and

D. The defendant waives any applicable right to an indictment for the other offense.

When the other offense is defined in such a manner that it may be committed in alternative ways, the court may instruct the jury to consider, or may as factfinder consider, any alternative which meets the requirements of this subsection.

CREDIT(S)

1979, c. 512, § 21.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 14

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 14. Separate trials

A defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses were known to the appropriate prosecuting officer at the time of the commencement of the first trial and were within the jurisdiction of the same court and within the same venue, unless the court, on application of the prosecuting attorney or of the defendant or on its own motion, orders any such charge to be tried separately if it is satisfied that justice so requires.

CREDIT(S)

1975, c. 499, § 1; 1975, c. 740, § 21, eff. May 1, 1976.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 15

Effective: May 22, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 15. Warrantless arrests by a law enforcement officer

1. Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant:

A. Any person who the officer has probable cause to believe has committed or is committing:

(1) Murder;

(2) Any Class A, Class B or Class C crime;

(3) Assault while hunting;

(4) Any offense defined in chapter 45; [FN1]

(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;

(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4002, subsection 4;

(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;

(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;

(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;

(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;

(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;

(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;

(11) Theft involving a detention under Title 17, section 3521;

(12) Harassment, as set forth in section 506-A;

(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5;

(14) A violation of a sex offender registration provision under Title 34-A, chapter 15; [FN2]

(15) A violation of a requirement of administrative release when requested by the attorney for the State;

(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer;

(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State;

(18) A violation of a condition of release as provided in Title 15, section 3203-A, subsection 9;

(19) A violation of a condition of supervised community confinement granted pursuant to Title 34-A, section 3036-A when requested by a probation officer;

(20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34-A, sections 3810 and 4112 when requested by a juvenile community corrections officer;

(21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34-A, section 3035 when requested by a probation officer or juvenile community corrections officer;

(22) A violation of preconviction or post-conviction bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon request of the attorney for the State;

(23) Failure to appear in violation of Title 15, section 1091, subsection 1, paragraph A;

(24) A Class D or Class E crime committed while released on preconviction or post-conviction bail; or

(25) A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659-A; and

B. Any person who has committed or is committing in the officer's presence any Class D or Class E crime.

2. For the purposes of subsection 1, paragraph B, criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a Class D or Class E crime is being or has just been committed and that the person arrested has committed or is committing that Class D or Class E crime. An arrest made pursuant to subsection 1, paragraph B must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit.

CREDIT(S)

1975, c. 740, § 22, eff. May 1, 1976; 1977, c. 326; 1977, c. 510, § 24; 1977, c. 671, § 19; 1977, c. 696, § 169, eff. March 31, 1978; 1979, c. 578, § 1; 1979, c. 677, § 2; 1983, c. 450, § 1; 1983, c. 735, § 1; 1983, c. 795, § 5; 1983, c. 862, § 47, eff. Sept. 19, 1984; 1985, c. 737, § A, 40, eff. April 18, 1986; 1987, c. 758, § 22; 1987, c. 870, § 11, eff. Sept. 16, 1988; 1989, c. 122, § 2; 1991, c. 566, § 1; R.R.1991, c. 2, § 50; 1993, c. 475, § 3; 1995, c. 224, § 1; 1995, c. 356, § 20; 1995, c. 668, § 2; 1995, c. 680, § 3; 1997, c. 393, § A-17, eff. June 5, 1997; 1997, c. 464, § 3; 1999, c. 127, § A-33, eff. May 6, 1999; 1999, c. 644, § 1; 2001, c. 389, § 1; 2001, c. 439, § OOO-1; 2001, c. 667, § A-34, eff. April 11, 2002; 2003, c. 102, § 1; 2007, c. 475, § 8; 2007, c. 518, § 4; 2009, c. 142, § 3; 2011, c. 341, § 6; 2011, c. 464, § 4; 2011, c. 691, § A-12, eff. May 22, 2012.

[FN1] 17-A M.R.S.A. § 1101 et seq.

[FN2] 34-A M.R.S.A. § 11201 et seq.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 15-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 15-A. Issuance of summons for criminal offense

1. A law enforcement officer who has probable cause to believe a crime has been or is being committed by a person may issue or have delivered a written summons to that person directing that person to appear in the appropriate trial court to answer the allegation that the person has committed the crime. The summons must include the signature of the officer, a brief description of the alleged crime, the time and place of the alleged crime and the time, place and date the person is to appear in court. The form used must be the Uniform Summons and Complaint. A person to whom a summons is issued or delivered must give a written promise to appear. If the person refuses to sign the summons after having been ordered to do so by a law enforcement officer, the person commits a Class E crime. As soon as practicable after service of the summons, the officer shall cause a copy of the summons to be filed with the court.

2. Any person who a law enforcement officer has probable cause to believe has committed or is committing a crime other than one listed under section 15, subsection 1, paragraph A, and to whom a law enforcement officer is authorized to deliver a summons pursuant to subsection 1, who intentionally fails or refuses to provide to that officer reasonably credible evidence of that person's correct name, address or date of birth commits a Class E crime, if the person persists in the failure or refusal after having been informed by the officer of the provisions of this subsection. If that person furnishes the officer evidence of the person's correct name, address and date of birth and the evidence does not appear to be reasonably credible, the officer shall attempt to verify the evidence as quickly as is reasonably possible. During the period the verification is being attempted, the officer may require the person to remain in the officer's presence for a period not to exceed 2 hours. During this period, if the officer reasonably believes that the officer's safety or the safety of others present requires, the officer may search for any dangerous weapon by an external patting of that person's outer clothing. If in the course of the search the officer feels an object that the officer reasonably believes to be a dangerous weapon, the officer may take such action as is necessary to examine the object, but may take permanent possession of the object only if it is subject to forfeiture. The requirement that the person remain in the presence of the officer does not constitute an arrest. After informing that person of the provisions of this subsection, the officer may arrest the person either if the person intentionally refuses to furnish any evidence of that person's correct name, address or date of birth or if, after attempting to verify the evidence as provided for in this subsection, the officer has probable cause to believe that the person has intentionally failed to provide reasonably credible evidence of the person's correct name, address or date of birth.

3. If, at any time subsequent to an arrest made pursuant to subsection 2, it appears that the evidence of the person's correct name, address and date of birth was accurate, the person must be released from custody and any record of that custody must show that the person was released for that reason. If, upon trial for violating subsection 2, a person is acquitted on the ground that the evidence of the person's correct name, address and date of birth was accurate, the record of acquittal must show that that was the ground.

4. Any person who fails to appear in court as directed by a summons served on that person pursuant to subsection 1 or to otherwise respond in accordance with law on or before the date specified in the summons commits a Class E crime. Upon that person's failure to appear or respond, the court may issue a warrant of arrest. It is an affirmative defense to prosecution under this subsection that the failure to appear or respond resulted from just cause.

CREDIT(S)

1987, c. 375; 1991, c. 459, § 4, eff. June 21, 1991; 2003, c. 657, § 2; 2005, c. 326, § 3, eff. Jan. 1, 2006.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 16

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 16. Warrantless arrests by a private person

Except as otherwise specifically provided, a private person has the authority to arrest without a warrant:

1. Any person who the private person has probable cause to believe has committed or is committing:

A. Murder; or

B. Any Class A, Class B or Class C crime.

2. Any person who, in fact, is committing in the private person's presence and in a public place any of the Class D or Class E crimes described in section 207; 209; 211; 254; 255-A; 501-A, subsection 1, paragraph B; 503; 751; 806; or 1002.

3. For the purposes of subsection 2, in the presence has the same meaning given in section 15, subsection 2.

CREDIT(S)

1975, c. 740, § 22, eff. May 1, 1976; 1977, c. 510, § 25; 1979, c. 127, § 125, eff. April 23, 1979; 2007, c. 144, § 1, eff. May 18, 2007; 2007, c. 173, § 7; 2007, c. 466, § B-11; 2007, c. 518, § 5.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 17

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 1. Preliminary

§ 17. Enforcement of civil violations

1. A law enforcement officer who has probable cause to believe that a civil violation has been committed by a person must issue or have delivered a written summons to that person directing the person to appear in the District Court to answer the allegation that the person has committed the violation. The summons must include the signature of the officer, a brief description of the alleged violation, the time and place of the alleged violation and the time, place and date the person is to appear in court. The form used must be the Violation Summons and Complaint, as prescribed in Title 29-A, section 2601, for traffic infractions and the Uniform Summons and Complaint for other civil violations. A person to whom a summons is issued or delivered must give a written promise to appear. If the person refuses to sign the summons after having been ordered to do so by a law enforcement officer, the person commits a Class E crime. The law enforcement officer may not order a person to sign the summons for a civil violation unless the civil violation is an offense defined in Title 12; Title 23, section 1980; Title 28-A, section 2052; or Title 29-A.

Every law enforcement officer issuing a Violation Summons and Complaint charging the commission of a traffic infraction shall file the original of the Violation Summons and Complaint with the violations bureau within 5 days of the issuance of that Violation Summons and Complaint. Every law enforcement officer issuing a Uniform Summons and Complaint that charges the commission of an offense shall file the original of the Uniform Summons and Complaint with the District Court having jurisdiction over the offense or in such other location as instructed by the Chief Judge of the District Court without undue delay and, in any event, within 5 days after the issuance of the Uniform Summons and Complaint.

2. Any person to whom a law enforcement officer is authorized to issue or deliver a summons pursuant to subsection 1 who intentionally fails or refuses to provide the officer reasonably credible evidence of the person's correct name, address or date of birth commits a Class E crime, if the person persists in that failure or refusal after having been informed by the officer of the provisions of this subsection. If the person furnishes the officer evidence of that person's correct name, address and date of birth and the evidence does not appear to be reasonably credible, the officer shall attempt to verify the evidence as quickly as is reasonably possible. During the period that verification is being attempted, the officer may require the person to remain in the officer's presence for a period not to exceed 2 hours. During this period, if the officer reasonably believes that the officer's safety or the safety of others present requires, the officer may search for any dangerous weapon by an external patting of the person's outer clothing. If in the course of the search the officer feels an object that the officer reasonably believes to be a dangerous weapon, the officer may take such action as is necessary to examine the object, but may take permanent possession of the object only if it is subject to forfeiture. The requirement that the person remain in the presence of the officer does not constitute an arrest.

After informing the person of the provisions of this subsection, the officer may arrest the person either if the person intentionally refuses to furnish any evidence of that person's correct name, address or date of birth or if, after attempting to verify the evidence as provided for in this subsection, the officer has probable cause to believe that the person has intentionally failed to provide reasonably credible evidence of the person's correct name, address or date of birth.

3. If, at any time subsequent to an arrest made pursuant to subsection 2, it appears that the evidence of the person's correct name, address and date of birth was accurate, the person must be released from custody and any record of that custody must show that the person was released for that reason. If, upon trial for violating subsection 2, a person is acquitted on the ground that the evidence of the person's correct name, address and date of birth was accurate, the record of acquittal must show that that was the ground.

4. Any person who fails to appear in court as directed by a summons served on that person pursuant to subsection 1 or to otherwise respond in accordance with law on or before the date specified in the summons commits a Class E crime. Upon that person's failure to appear or respond, the court may issue a warrant of arrest. It is an affirmative defense to prosecution under this subsection that the failure to appear or respond resulted from just cause.

CREDIT(S)

1975, c. 740, § 22, eff. May 1, 1976; 1975, c. 770, §§ 81, 82, eff. May 2, 1976; 1977, c. 671, § 20; 1985, c. 506, § B, 12, 13, eff. July 2, 1985; 1991, c. 459, § 5, eff. June 21, 1991; 1991, c. 549, § 7, eff. Jan. 1, 1992; 1991, c. 733, § 5, eff. March 26, 1992; 1995, c. 65, § A-56, eff. May 11, 1995; 2003, c. 657, §§ 3, 4.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 1, Ch. 2, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 31

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 31. Repealed. Laws 1999, c. 195, § 1

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 32

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 32. Elements of crimes defined

A person may not be convicted of a crime unless each element of the crime is proved by the State beyond a reasonable doubt. “Element of the crime” means the forbidden conduct; the attendant circumstances specified in the definition of the crime; the intention, knowledge, recklessness or negligence as may be required; and any required result.

CREDIT(S)

1981, c. 324, § 14; 2007, c. 475, § 9.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 33

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 33. Result as an element; causation

Unless otherwise provided, when causing a result is an element of a crime, causation may be found where the result would not have occurred but for the conduct of the defendant operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the defendant was clearly insufficient.

CREDIT(S)

1981, c. 324, § 14.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 34

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 34. Culpable state of mind as an element

1. A person is not guilty of a crime unless that person acted intentionally, knowingly, recklessly or negligently, as the law defining the crime specifies, with respect to each other element of the crime, except as provided in subsection 4. When the state of mind required to establish an element of a crime is specified as “willfully,” “corruptly,” “maliciously” or by some other term importing a state of mind, that element is satisfied if, with respect thereto, the person acted intentionally or knowingly.

2. When the definition of a crime specifies the state of mind sufficient for the commission of that crime, but without distinguishing among the elements thereof, the specified state of mind applies to all the other elements of the crime, except as provided in subsection 4.

3. When the law provides that negligence is sufficient to establish an element of a crime, that element is also established if, with respect thereto, a person acted intentionally, knowingly or recklessly. When the law provides that recklessness is sufficient to establish an element of a crime, that element is also established if, with respect thereto, a person acted intentionally or knowingly. When the law provides that acting knowingly is sufficient to establish an element of the crime, that element is also established if, with respect thereto, a person acted intentionally.

4. Unless otherwise expressly provided, a culpable mental state need not be proved with respect to:

A. Any fact that is solely a basis for sentencing classification;

B. Any element of the crime as to which it is expressly stated that it must “in fact” exist;

C. Any element of the crime as to which the statute expressly provides that a person may be guilty without a culpable state of mind as to that element;

D. Any element of the crime as to which a legislative intent to impose liability without a culpable state of mind as to that element otherwise appears;

E. Any criminal statute as to which it is expressly stated to be a “strict liability crime” or otherwise expressly reflects a legislative intent to impose criminal liability without proof by the State of a culpable mental state with respect to any of the elements of the crime; or

F. Any criminal statute as to which a legislative intent to impose liability without a culpable state of mind as to any of the elements of the crime otherwise appears.

4-A. As used in this section, “strict liability crime” means a crime that, as legally defined, does not include a culpable mental state element with respect to any of the elements of the crime and thus proof by the State of a culpable state of mind as to that crime is not required.

5. Deleted. Laws 1999, c. 23, § 2, which includes A and B.

CREDIT(S)

1981, c. 324, § 14; 1981, c. 470, § B, 6; 1999, c. 23, § 2.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 35

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 35. Definitions of culpable states of mind

1. “Intentionally.”

A. A person acts intentionally with respect to a result of the person's conduct when it is the person's conscious object to cause such a result.

B. A person acts intentionally with respect to attendant circumstances when the person is aware of the existence of such circumstances or believes that they exist.

2. “Knowingly.”

A. A person acts knowingly with respect to a result of the person's conduct when the person is aware that it is practically certain that the person's conduct will cause such a result.

B. A person acts knowingly with respect to attendant circumstances when the person is aware that such circumstances exist.

3. “Recklessly.”

A. A person acts recklessly with respect to a result of the person's conduct when the person consciously disregards a risk that the person's conduct will cause such a result.

B. A person acts recklessly with respect to attendant circumstances when the person consciously disregards a risk that such circumstances exist.

C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.

4. “Criminal negligence.”

A. A person acts with criminal negligence with respect to a result of the person's conduct when the person fails to be aware of a risk that the person's conduct will cause such a result.

B. A person acts with criminal negligence with respect to attendant circumstances when the person fails to be aware of a risk that such circumstances exist.

C. For purposes of this subsection, the failure to be aware of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.

5. “Culpable.” A person acts culpably when the person acts with the intention, knowledge, recklessness or criminal negligence as is required.

CREDIT(S)

1981, c. 324, § 14; 2007, c. 173, § 8.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 36

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 36. Ignorance or mistake

1. Evidence of ignorance or mistake as to a matter of fact or law may raise a reasonable doubt as to the existence of a required culpable state of mind.

2. Ignorance or mistake as to a matter of fact or law is a defense only if the law provides that the state of mind established by such ignorance or mistake constitutes a defense.

3. Although ignorance or mistake would otherwise afford a defense to the crime charged, the defense is not available if the defendant would be guilty of another crime had the situation been as the defendant supposed.

4. It is an affirmative defense if the defendant engages in conduct that the defendant believes does not legally constitute a crime if:

A. The statute violated is not known to the defendant and has not been published or otherwise reasonably made available prior to the conduct alleged; or

B. The defendant acts in reasonable reliance upon an official statement, afterward determined to be invalid or erroneous, contained in:

(1) A statute, ordinance or other enactment;

(2) A final judicial decision, opinion or judgment;

(3) An administrative order or grant of permission; or

(4) An official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the statute defining the crime. This subsection does not impose any duty to make any such official interpretation.

5. A mistaken belief that facts exist which would constitute an affirmative defense is not an affirmative defense, except as otherwise expressly provided.

CREDIT(S)

1981, c. 324, § 14; 2007, c. 173, §§ 9, 10.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 37

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 37. Intoxication

1. Except as provided in subsection 2, evidence of intoxication may raise a reasonable doubt as to the existence of a required culpable state of mind.

2. When recklessness establishes an element of the offense, if a person, due to self-induced intoxication, is unaware of a risk of which the person would have been aware had the person not been intoxicated, such unawareness is immaterial.

3. As used in this section:

A. “Intoxication” means a disturbance of mental capacities resulting from the introduction of alcohol, drugs or similar substances into the body; and

B. “Self-induced intoxication” means intoxication caused when a person intentionally or knowingly introduces into the person's body substances that the person knows or ought to know tend to cause intoxication, unless the person introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime.

CREDIT(S)

1981, c. 324, § 14; 2007, c. 173, §§ 11, 12.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 38

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 38. Mental abnormality

Evidence of an abnormal condition of the mind may raise a reasonable doubt as to the existence of a required culpable state of mind.

CREDIT(S)

1981, c. 324, § 14.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 39

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 39. Insanity

1. A defendant is not criminally responsible by reason of insanity if, at the time of the criminal conduct, as a result of mental disease or defect, the defendant lacked substantial capacity to appreciate the wrongfulness of the criminal conduct.

2. As used in this section, “mental disease or defect” means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality. An abnormality manifested only by repeated criminal conduct or excessive use of alcohol, drugs or similar substances, in and of itself, does not constitute a mental disease or defect.

3. Lack of criminal responsibility by reason of insanity is an affirmative defense.

CREDIT(S)

1981, c. 324, § 14; 1985, c. 796, § 5; 2005, c. 263, §§ 5, 6.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 40

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 2. Criminal Liability; Elements of Crimes (Refs & Annos)

§ 40. Procedure upon plea of not guilty coupled with plea of not criminally responsible by reason of insanity

1. When the defendant enters a plea of not guilty together with a plea of not criminally responsible by reason of insanity, the defendant shall also elect whether the trial must be in 2 stages as provided for in this section, or a unitary trial in which both the issues of guilt and of insanity are submitted simultaneously to the jury. At the defendant's election, the jury must be informed that the 2 pleas have been made and that the trial will be in 2 stages.

2. If a 2-stage trial is elected by the defendant, there must be a separation of the issue of guilt from the issue of insanity in the following manner.

A. The issue of guilt must be tried first and the issue of insanity tried only if the jury returns a verdict of guilty. If the jury returns a verdict of not guilty, the proceedings must terminate.

B. Evidence of mental disease or defect, as defined in section 39, subsection 2, is not admissible in the guilt or innocence phase of the trial for the purpose of establishing insanity. Such evidence must be admissible for that purpose only in the 2nd phase following a verdict of guilty.

3. The issue of insanity must be tried before the same jury as tried the issue of guilt. Alternate jurors who were present during the first phase of the trial but who did not participate in the deliberations and verdict thereof may be substituted for jurors who did participate. The defendant may elect to have the issue of insanity tried by the court without a jury.

4. If the jury in the first phase returns a guilty verdict, the trial must proceed to the 2nd phase. The defendant and the State may rely upon evidence admitted during the first phase or they may recall witnesses. Any evidence relevant to insanity is admissible. The order of proof must reflect that the defendant has the burden of establishing the defendant's lack of criminal responsibility by reason of insanity. The jury shall return a verdict that the defendant is criminally responsible or not criminally responsible by reason of insanity. If the defendant is found criminally responsible, the court shall sentence the defendant according to law.

5. This section does not apply to cases tried before the court without a jury.

CREDIT(S)

1981, c. 324, § 14; 1985, c. 796, § 6; 2005, c. 263, § 7.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 1, Ch. 3, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 51

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§§ 51, 52. Repealed. Laws 1981, c. 324, § 16

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 52

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§§ 51, 52. Repealed. Laws 1981, c. 324, § 16

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 53

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 53. Repealed. Laws 1981, c. 324, § 17

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 54

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§§ 54 to 56. Repealed. Laws 1981, c. 324, § 18

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 55

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§§ 54 to 56. Repealed. Laws 1981, c. 324, § 18

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 56

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§§ 54 to 56. Repealed. Laws 1981, c. 324, § 18

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 57

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 57. Criminal liability for conduct of another; accomplices

1. A person may be guilty of a crime if it is committed by the conduct of another person for which the person is legally accountable as provided in this section.

2. A person is legally accountable for the conduct of another person when:

A. Acting with the intention, knowledge, recklessness or criminal negligence that is sufficient for the commission of the crime, the person causes an innocent person, or a person not criminally responsible, to engage in such conduct; or

B. The person is made accountable for the conduct of such other person by the law defining the crime; or

C. The person is an accomplice of such other person in the commission of the crime, as provided in subsection 3.

3. A person is an accomplice of another person in the commission of a crime if:

A. With the intent of promoting or facilitating the commission of the crime, the person solicits such other person to commit the crime, or aids or agrees to aid or attempts to aid such other person in planning or committing the crime. A person is an accomplice under this subsection to any crime the commission of which was a reasonably foreseeable consequence of the person's conduct; or

B. The person's conduct is expressly declared by law to establish the person's complicity.

4. A person who is legally incapable of committing a particular crime may be guilty thereof if it is committed by the conduct of another person for which the person is legally accountable.

5. Unless otherwise expressly provided, a person is not an accomplice in a crime committed by another person if:

A. The person is the victim of that crime;

B. The crime is so defined that it cannot be committed without the person's cooperation; or

C. The person terminates complicity prior to the commission of the crime by:

(1) Informing the person's accomplice that the person has abandoned the criminal activity; and

(2) Leaving the scene of the prospective crime, if the person is present thereat.

6. An accomplice may be convicted on proof of the commission of the crime and of the accomplice's complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or is not subject to criminal prosecution pursuant to section 10-A, subsection 1, or has an immunity to prosecution or conviction, or has been acquitted.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, § 25-A; 2007, c. 173, § 13.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 58

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 58. Repealed. Laws 1981, c. 324, § 19

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 58-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 58-A. Repealed. Laws 1981, c. 324, § 20

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 59

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 59. Repealed. Laws 1981, c. 324, § 21

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 60

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 60. Criminal liability of an organization

1. An organization is guilty of a crime when:

A. It omits to discharge a specific duty of affirmative performance imposed on it by law, and the omission is prohibited by this code or by a statute defining a criminal offense outside of this code; or

B. The conduct or result specified in the definition of the crime is engaged in or caused by an agent of the organization while acting within the scope of the agent's office or employment.

2. It is no defense to the criminal liability of an organization that the individual upon whose conduct the liability of the organization is based has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2007, c. 173, § 14.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 61

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 61. Individual liability for conduct on behalf of organization

1. An individual is criminally liable for any conduct the individual performs in the name of an organization or in its behalf to the same extent as if it were performed in the individual's own name or behalf. Such an individual must be sentenced as if the conduct had been performed in the individual's own name or behalf.

2. If a criminal statute imposes a duty to act on an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable if the agent recklessly omits to perform the required act, and the agent must be sentenced as if the duty were imposed by law directly upon the agent.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2007, c. 173, § 15.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 62

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 3. Criminal Liability of Accomplices, Organizations and Plants (Refs & Annos)

§ 62. Repealed. Laws 1981, c. 324, § 22

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 1, Ch. 5, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 101

Effective: September 12, 2009

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 101. General rules for defenses and affirmative defenses; justification

1. The State is not required to negate any facts expressly designated as a “defense,” or any exception, exclusion or authorization that is set out in the statute defining the crime by proof at trial, unless the existence of the defense, exception, exclusion or authorization is in issue as a result of evidence admitted at the trial that is sufficient to raise a reasonable doubt on the issue, in which case the State must disprove its existence beyond a reasonable doubt. This subsection does not require a trial judge to instruct on an issue that has been waived by the defendant. The subject of waiver is addressed by the Maine Rules of Criminal Procedure.

2. Where the statute explicitly designates a matter as an “affirmative defense,” the matter so designated must be proved by the defendant by a preponderance of the evidence.

3. Conduct that is justifiable under this chapter constitutes a defense to any crime; except that, if a person is justified in using force against another, but the person recklessly injures or creates a risk of injury to 3rd persons, the justification afforded by this chapter is unavailable in a prosecution for such recklessness. If a defense provided under this chapter is precluded solely because the requirement that the person's belief be reasonable has not been met, the person may be convicted only of a crime for which recklessness or criminal negligence suffices.

4. The fact that conduct may be justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.

5. For purposes of this chapter, use by a law enforcement officer, a corrections officer or a corrections supervisor of the following is use of nondeadly force:

A. Chemical mace or any similar substance composed of a mixture of gas and chemicals that has or is designed to have a disabling effect upon human beings; or

B. A less-than-lethal munition that has or is designed to have a disabling effect upon human beings. For purposes of this paragraph, “less-than-lethal munition” means a low-kinetic energy projectile designed to be discharged from a firearm that is approved by the Board of Trustees of the Maine Criminal Justice Academy.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1981, c. 324, § 24; 1997, c. 185, § 1; 1999, c. 358, § 1; 2001, c. 386, § 1; 2007, c. 475, § 10; 2009, c. 336, § 5.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 102

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 102. Public duty

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.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2007, c. 173, § 16.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 102-A

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 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.

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.

CREDIT(S)

1981, c. 324, § 25; 2007, c. 173, § 17.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 103

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 103. Competing harms

1. Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute.

2. When the person was reckless or criminally negligent in bringing about the circumstances requiring a choice of harms or in appraising the necessity of the person's conduct, the justification provided in subsection 1 does not apply in a prosecution for any crime for which recklessness or criminal negligence, as the case may be, suffices to establish criminal liability.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2007, c. 173, § 18.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 103-A

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 103-A. Duress

1. It is a defense that, when a person engages in conduct that would otherwise constitute a crime, the person is compelled to do so by threat of imminent death or serious bodily injury to that person or another person or because that person was compelled to do so by force.

2. For purposes of this section, compulsion exists only if the force, threat or circumstances are such as would have prevented a reasonable person in the defendant's situation from resisting the pressure.

3. The defense set forth in this section is not available:

A. To a person who intentionally or knowingly committed the homicide for which the person is being tried;

B. To a person who recklessly placed that person in a situation in which it was reasonably probable that the person would be subjected to duress; or

C. To a person who with criminal negligence placed that person in a situation in which it was reasonably probable that the person would be subjected to duress, whenever criminal negligence suffices to establish culpability for the offense charged.

CREDIT(S)

1981, c. 324, § 26; 2007, c. 173, § 19.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 103-B

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 103-B. Involuntary conduct

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.

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;

B. The person has no legal duty to perform the act; or

C. The person has no opportunity to perform the act.

3. Possession of something is involuntary if the person:

A. Did not knowingly procure or receive the thing possessed; or

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.

CREDIT(S)

1999, c. 195, § 2.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 104

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 104. Use of force in defense of premises

1. A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate the commission of a criminal trespass by such other person in or upon such premises.

2. A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using deadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent an attempt by the other person to commit arson.

3. A person in possession or control of a dwelling place or a person who is licensed or privileged to be therein is justified in using deadly force upon another person:

A. Under the circumstances enumerated in section 108; or

B. When the person reasonably believes that deadly force is necessary to prevent or terminate the commission of a criminal trespass by such other person, who the person reasonably believes:

(1) Has entered or is attempting to enter the dwelling place or has surreptitiously remained within the dwelling place without a license or privilege to do so; and

(2) Is committing or is likely to commit some other crime within the dwelling place.

4. A person may use deadly force under subsection 3, paragraph B only if the person first demands the person against whom such deadly force is to be used to terminate the criminal trespass and the trespasser fails to immediately comply with the demand, unless the person reasonably believes that it would be dangerous to the person or a 3rd person to make the demand.

5. As used in this section:

A. Dwelling place has the same meaning provided in section 2, subsection 10; and

B. Premises includes, but is not limited to, lands, private ways and any buildings or structures thereon.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 26, eff. May 1, 1976; 2007, c. 173, § 20.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 105

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 105. Use of force in property offenses

A person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person's property, or criminal mischief, or to retake the person's property immediately following its taking; but the person may use deadly force only under such circumstances as are prescribed in sections 104, 107 and 108.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 27, eff. May 1, 1976; 2007, c. 173, § 21.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 106

Effective: September 12, 2009

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 106. Physical force by persons with special responsibilities

1. A parent, foster parent, guardian or other similar person responsible for the long term general care and welfare of a child is justified in using a reasonable degree of force against that child when and to the extent that the person reasonably believes it necessary to prevent or punish the child's misconduct. A person to whom such parent, foster parent, guardian or other responsible person has expressly delegated permission to so prevent or punish misconduct is similarly justified in using a reasonable degree of force. For purposes of this subsection, “child” means a person who has not attained 18 years of age and has not been ordered emancipated by a court pursuant to Title 15, section 3506-A.

1-A. For purposes of subsection 1, “reasonable degree of force” is an objective standard. To constitute a reasonable degree of force, the physical force applied to the child may result in no more than transient discomfort or minor temporary marks on that child.

2. A teacher or other person entrusted with the care or supervision of a person for special and limited purposes is justified in using a reasonable degree of nondeadly force against any such person who creates a disturbance when and to the extent that the teacher or other entrusted person reasonably believes it necessary to control the disturbing behavior or to remove a person from the scene of such disturbance.

3. A person responsible for the general care and supervision of a mentally incompetent person is justified in using a reasonable degree of nondeadly force against such person who creates a disturbance when and to the extent that the responsible person reasonably believes it necessary to control the disturbing behavior or to remove such person from the scene of such disturbance.

4. The justification extended in subsections 2 and 3 does not apply to the intentional, knowing or reckless use of nondeadly force that creates a substantial risk of extraordinary pain.

5. A person required by law to enforce rules and regulations, or to maintain decorum or safety, in a vessel, aircraft, vehicle, train or other carrier, or in a place where others are assembled, may use nondeadly force when and to the extent that the person reasonably believes it necessary for such purposes.

6. A person acting under a reasonable belief that another person is about to commit suicide or to self-inflict serious bodily injury may use a degree of force on such other person as the person reasonably believes to be necessary to thwart such a result.

7. A licensed physician, or a person acting under a licensed physician's direction, may use force for the purpose of administering a recognized form of treatment that the physician reasonably believes will tend to safeguard the physical or mental health of the patient, provided such treatment is administered:

A. With consent of the patient or, if the patient is a minor or incompetent person, with the consent of the person entrusted with the patient's care and supervision; or

B. In an emergency relating to health when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person concerned for the welfare of the patient would consent.

8. A person identified in this section for purposes of specifying the rule of justification herein provided is not precluded from using force declared to be justifiable by another section of this chapter.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1979, c. 127, § 127, eff. April 23, 1979; 1979, c. 512, § 22; 1979, c. 663, § 121, eff. March 28, 1980; 2003, c. 143, §§ 1, 2; 2007, c. 173, § 22; 2009, c. 336, §§ 6 to 10.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 107

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 107. Physical force in law enforcement

1. A law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person:

A. When and to the extent that the officer reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person, unless the officer knows that the arrest or detention is illegal; or

B. In self-defense or to defend a 3rd person from what the officer reasonably believes to be the imminent use of unlawful nondeadly force encountered while attempting to effect such an arrest or while seeking to prevent such an escape.

2. A law enforcement officer is justified in using deadly force only when the officer reasonably believes such force is necessary:

A. For self-defense or to defend a 3rd person from what the officer reasonably believes is the imminent use of unlawful deadly force; or

B. To effect an arrest or prevent the escape from arrest of a person when the law enforcement officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay; and

(1) The law enforcement officer has made reasonable efforts to advise the person that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest and the officer has reasonable grounds to believe that the person is aware of this advice; or

(2) The law enforcement officer reasonably believes that the person to be arrested otherwise knows that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest.

For purposes of this paragraph, “a reasonable belief that another has committed a crime involving use or threatened use of deadly force” means such reasonable belief in facts, circumstances and the law that, if true, would constitute such an offense by that person. If the facts and circumstances reasonably believed would not constitute such an offense, an erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to make an arrest or prevent an escape.

3. A private person who has been directed by a law enforcement officer to assist the officer in effecting an arrest or preventing an escape from custody is justified in using:

A. A reasonable degree of nondeadly force when and to the extent that the private person reasonably believes such to be necessary to carry out the officer's direction, unless the private person believes the arrest is illegal; or

B. Deadly force only when the private person reasonably believes such to be necessary for self-defense or to defend a 3rd person from what the private person reasonably believes to be the imminent use of unlawful deadly force, or when the law enforcement officer directs the private person to use deadly force and the private person believes the officer is authorized to use deadly force under the circumstances.

4. A private person acting on that private person's own is justified in using:

A. A reasonable degree of nondeadly force upon another person when and to the extent that the private person reasonably believes it necessary to effect an arrest or detention that is lawful for the private person to make or prevent the escape from such an arrest or detention; or

B. Deadly force only when the private person reasonably believes such force is necessary:

(1) To defend the person or a 3rd person from what the private citizen reasonably believes to be the imminent use of unlawful deadly force; or

(2) To effect a lawful arrest or prevent the escape from such arrest of a person who in fact:

(a) Has committed a crime involving the use or threatened use of deadly force, or is using a dangerous weapon in attempting to escape; and

(b) The private citizen has made reasonable efforts to advise the person that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest and has reasonable grounds to believe the person is aware of this advice or the citizen reasonably believes that the person to be arrested otherwise knows that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest.

5. Except where otherwise expressly provided, a corrections officer, corrections supervisor or law enforcement officer in a facility where persons are confined, pursuant to an order of a court or as a result of an arrest, is justified in using deadly force against such persons under the circumstances described in subsection 2. The officer or another individual responsible for the custody, care or treatment of those persons is justified in using a reasonable degree of nondeadly force when and to the extent the officer or the individual reasonably believes it necessary to prevent any escape from custody or to enforce the rules of the facility.

5-A. A corrections officer, corrections supervisor or law enforcement officer is justified in using deadly force against a person confined in the Maine State Prison when the officer or supervisor reasonably believes that deadly force is necessary to prevent an escape from custody. The officer or supervisor shall make reasonable efforts to advise the person that if the attempt to escape does not stop immediately, deadly force will be used. This subsection does not authorize any corrections officer, corrections supervisor or law enforcement officer who is not employed by a state agency to use deadly force.

6. Repealed. 1975, c. 740, § 32, eff. May 1, 1976.

7. Use of force that is not justifiable under this section in effecting an arrest does not render illegal an arrest that is otherwise legal and the use of such unjustifiable force does not render inadmissible anything seized incident to a legal arrest.

8. Nothing in this section constitutes justification for conduct by a law enforcement officer or a private person amounting to an offense against innocent persons whom the officer or private person is not seeking to arrest or retain in custody.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, §§ 28 to 33, eff. May 1, 1976; 1979, c. 512, § 23; 1989, c. 18, §§ 2, 3, eff. March 27, 1989; 1989, c. 502, §§ C, 5, 6, eff. June 30, 1989; 1995, c. 215, §§ 2, 3; 2003, c. 143, § 3; 2007, c. 173, § 23.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 108

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 108. Physical force in defense of a person

1. A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a degree of such force that the person reasonably believes to be necessary for such purpose. However, such force is not justifiable if:

A. With a purpose to cause physical harm to another person, the person provoked the use of unlawful, nondeadly force by such other person; or

B. The person was the initial aggressor, unless after such aggression the person withdraws from the encounter and effectively communicates to such other person the intent to do so, but the other person notwithstanding continues the use or threat of unlawful, nondeadly force; or

C. The force involved was the product of a combat by agreement not authorized by law.

1-A. A person is not justified in using nondeadly force against another person who that person knows or reasonably should know is a law enforcement officer attempting to effect an arrest or detention, regardless of whether the arrest or detention is legal. A person is justified in using the degree of nondeadly force the person reasonably believes is necessary to defend the person or a 3rd person against a law enforcement officer who, in effecting an arrest or detention, uses nondeadly force not justified under section 107, subsection 1.

2. A person is justified in using deadly force upon another person:

A. When the person reasonably believes it necessary and reasonably believes such other person is:

(1) About to use unlawful, deadly force against the person or a 3rd person; or

(2) Committing or about to commit a kidnapping, robbery or a violation of section 253, subsection 1, paragraph A, against the person or a 3rd person; or

B. When the person reasonably believes:

(1) That such other person has entered or is attempting to enter a dwelling place or has surreptitiously remained within a dwelling place without a license or privilege to do so; and

(2) That deadly force is necessary to prevent the infliction of bodily injury by such other person upon the person or a 3rd person present in the dwelling place;

C. However, a person is not justified in using deadly force as provided in paragraph A if:

(1) With the intent to cause physical harm to another, the person provokes such other person to use unlawful deadly force against anyone;

(2) The person knows that the person against whom the unlawful deadly force is directed intentionally and unlawfully provoked the use of such force; or

(3) The person knows that the person or a 3rd person can, with complete safety:

(a) Retreat from the encounter, except that the person or the 3rd person is not required to retreat if the person or the 3rd person is in the person's dwelling place and was not the initial aggressor;

(b) Surrender property to a person asserting a colorable claim of right thereto; or

(c) Comply with a demand that the person abstain from performing an act that the person is not obliged to perform.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 34, eff. May 1, 1976; 1979, c. 701, § 19; 1989, c. 878, § B-15, eff. April 20, 1990; 1997, c. 351, § 1; 2007, c. 173, § 24.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 109

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 109. Consent

1. It is a defense that, when a defendant engages in conduct which would otherwise constitute a crime against the person or property of another, such other consented to the conduct and an element of the crime is negated as a result of such consent.

2. When conduct is a crime because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury is a defense only if:

A. Neither the injury inflicted nor the injury threatened was such as to endanger life or to cause serious bodily injury;

B. The conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

C. The conduct and the injury are reasonably foreseeable hazards of an occupation or profession or of medical or scientific experimentation conducted by recognized methods, and the persons subjected to such conduct or injury have been made aware of the risks involved prior to giving consent.

3. Consent is not a defense within the meaning of this section if:

A. It is given by a person who is declared by a statute or by a judicial decision to be legally incompetent to authorize the conduct charged to constitute the crime, and such incompetence is manifest or known to the actor;

B. It is given by a person who, by reason of intoxication, mental illness or defect, or youth, is manifestly unable, or known by the defendant to be unable, to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the crime; or

C. It is induced by force, duress or deception.

CREDIT(S)

1981, c. 324, § 27.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 110

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 110. Threat to use deadly force against a law enforcement officer

A person otherwise justified in threatening to use deadly force against another is not justified in doing so with the use of a firearm or other dangerous weapon if the person knows or should know that the other person is a law enforcement officer, unless the person knows that the law enforcement officer is not in fact engaged in the performance of the law enforcement officer's public duty, or unless the person is justified under this chapter in using deadly force against the law enforcement officer. A law enforcement officer may not make a nonconsensual warrantless entry into a dwelling place solely in response to a threat not justified under this section.

CREDIT(S)

1997, c. 289, § 1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 151

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 7. Offenses of General Applicability

§ 151. Criminal conspiracy

1. A person is guilty of criminal conspiracy if, with the intent that conduct be performed that in fact would constitute a crime or crimes, the actor agrees with one or more others to engage in or cause the performance of the conduct and the most serious crime that is the object of the conspiracy is:

A. Murder. Violation of this paragraph is a Class A crime;

B. A Class A crime. Violation of this paragraph is a Class B crime;

C. A Class B crime. Violation of this paragraph is a Class C crime;

D. A Class C crime. Violation of this paragraph is a Class D crime; or

E. A Class D or Class E crime. Violation of this paragraph is a Class E crime.

2. If the actor knows that one with whom the actor agrees has agreed or will agree with a 3rd person to effect the same objective, the actor is deemed to have agreed with the 3rd person, whether or not the actor knows the identity of the 3rd person.

3. A person who conspires to commit more than one crime is guilty of only one conspiracy if the crimes are the object of the same agreement or continuous conspiratorial relationship.

4. A person may not be convicted of criminal conspiracy unless it is alleged and proved that the actor, or one with whom the actor conspired, took a substantial step toward commission of the crime. A substantial step is any conduct which, under the circumstances in which it occurs, is strongly corroborative of the firmness of the actor's intent to complete commission of the crime; provided that speech alone may not constitute a substantial step.

5. Accomplice liability for crimes committed in furtherance of the criminal conspiracy is to be determined by the provisions of section 57.

6. For the purpose of determining the period of limitations under section 8, the following provisions govern.

A. A criminal conspiracy is deemed to continue until the criminal conduct that is its object is performed, or the agreement that it be performed is frustrated or is abandoned by the actor and by those with whom the actor conspired. For purposes of this subsection, the object of the criminal conspiracy includes escape from the scene of the crime, distribution of the fruits of the crime, and measures, other than silence, for concealing the commission of the crime or the identity of its perpetrators.

B. If a person abandons the agreement, the criminal conspiracy terminates as to the actor only when:

(1) The actor informs a law enforcement officer of the existence of the criminal conspiracy and of the actor's participation therein; or

(2) The actor advises those with whom the actor conspired of the actor's abandonment. Abandonment is an affirmative defense.

7. It is not a defense to prosecution under this section that another person with whom the actor is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is not subject to prosecution as a result of immaturity, or is immune from or otherwise not subject to prosecution.

8. It is a defense to prosecution under this section that, had the objective of the criminal conspiracy been achieved, the actor would have been immune from liability under the law defining the offense, or as an accomplice under section 57.

9. Deleted. Laws 2001, c. 383, § 5.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 35, eff. May 1, 1976; 1977, c. 510, §§ 29 to 31; 2001, c. 383, § 5, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 152

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 7. Offenses of General Applicability

§ 152. Criminal attempt

1. A person is guilty of criminal attempt if, acting with the kind of culpability required for the commission of the crime, and with the intent to complete the commission of the crime, the person engages in conduct that in fact constitutes a substantial step toward its commission and the crime is:

A. Murder. Violation of this paragraph is a Class A crime;

B. A Class A crime. Violation of this paragraph is a Class B crime;

C. A Class B crime. Violation of this paragraph is a Class C crime;

D. A Class C crime. Violation of this paragraph is a Class D crime; or

E. A Class D crime or Class E crime. Violation of this paragraph is a Class E crime.

A substantial step is any conduct that goes beyond mere preparation and is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime.

2. It is not a defense to a prosecution under this section that it was impossible to commit the crime that the person attempted, provided that it would have been committed had the factual and legal attendant circumstances specified in the definition of the crime been as the person believed them to be.

3. A person who engages in conduct intending to aid another to commit a crime is guilty of criminal attempt if the conduct would establish the person's complicity under section 57 were the crime committed by the other person, even if the other person is not guilty of committing or attempting the crime.

3-A. An indictment, information or complaint, or count thereof, charging the commission of a crime under chapters 9 through 45, or a crime outside this code is deemed to charge the commission of the attempt to commit that crime and may not be deemed duplicitous thereby.

4. Repealed. Laws 2001, c. 383, § 6; 2001, c. 667, § D-1.

5. Repealed. Laws 2001, c. 667, § D-2.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 36, eff. May 1, 1976; 1977, c. 510, §§ 32 to 34; 1995, c. 422, § 1; 2001, c. 413, § 1; 2001, c. 383, § 6, eff. Jan. 31, 2003; 2001, c. 667, §§ D-1, D-2, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 152-A

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 7. Offenses of General Applicability

§ 152-A. Aggravated attempted murder

1. A person is guilty of aggravated attempted murder if that person commits attempted murder and, at the time of that person's actions, one or more of the following aggravating circumstances is in fact present:

A. The person's intent to kill was accompanied by premeditation-in-fact;

B. The person, at the time of the crime, intended to cause multiple deaths;

C. The person was previously convicted in this State or another jurisdiction of criminal homicide or any other crime involving the use of deadly force against a person;

D. The attempted murder was accompanied by torture, sexual assault or other extreme cruelty inflicted upon the victim;

E. The attempted murder was committed in a penal institution by an inmate of that institution against another inmate or against prison personnel;

F. The attempted murder was committed against a law enforcement officer while the officer was acting in performance of that officer's duties; or

G. The attempted murder was committed against a hostage.

2. Aggravated attempted murder is a Class A crime except that, notwithstanding section 1252, subsection 2, the sentence for aggravated attempted murder is imprisonment for life or a definite period of imprisonment for any term of years. The existence of an aggravating circumstance serves only as a precondition for the court to consider a life sentence.

CREDIT(S)

2001, c. 413, § 2; 2007, c. 476, § 2.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 153

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 7. Offenses of General Applicability

§ 153. Criminal solicitation

1. A person is guilty of criminal solicitation if the person, with the intent to cause the commission of the crime, and under circumstances that the person believes make it probable that the crime will take place, commands or attempts to induce another person, whether as principal or accomplice, to:

A. Commit murder. Violation of this paragraph is a Class A crime;

B. Commit a Class A crime. Violation of this paragraph is a Class B crime; or

C. Commit a Class B crime. Violation of this paragraph is a Class C crime.

2. It is a defense to prosecution under this section that, if the criminal object were achieved, the person would not be guilty of a crime under the law defining the crime or as an accomplice under section 57.

3. It is not a defense to a prosecution under this section that the person solicited could not be guilty of the crime because of lack of responsibility or culpability, immaturity, or other incapacity or defense.

4. Deleted. Laws 2001, c. 383, § 7.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, §§ 35 to 37; 2001, c. 383, § 7, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 154

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 7. Offenses of General Applicability

§ 154. General provisions regarding chapter 7

1. It shall not be a crime to conspire to commit, or to attempt, or solicit, any crime set forth in this chapter.

2. There is an affirmative defense of renunciation in the following circumstances.

A. In a prosecution for attempt under section 152, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the commission of the crime attempted by abandoning his criminal effort and, if mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof.

B. In a prosecution for solicitation under section 153, or for conspiracy under section 151, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited or of the crime contemplated by the conspiracy, as the case may be.

C. A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by: A belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another participant in the criminal operation, or which makes more difficult the consummation of the crime; or a decision to postpone the criminal conduct until another time or to substitute another victim or another but similar objective.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 2, Ch. 9, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 201

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 201. Murder

1. A person is guilty of murder if the person:

A. Intentionally or knowingly causes the death of another human being;

B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of another human being; or

C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception.

1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.

2. The sentence for murder is as authorized in chapter 51. [FN1]

3. It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation.

4. For purposes of subsection 3, provocation is adequate if:

A. It is not induced by the person; and

B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish the reasonableness of the person's reaction.

5. Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude conviction of, manslaughter or any other crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, §§ 37 to 39, eff. May 1, 1976; 1977, c. 510, § 38; 1983, c. 372, § 1; 1983, c. 450, § 2; 1985, c. 416, eff. June 25, 1985; 2001, c. 383, § 8, eff. Jan. 31, 2003.

[FN1] 17-A M.R.S.A. § 1251 et seq.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 202

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 202. Felony murder

1. A person is guilty of felony murder if acting alone or with one or more other persons in the commission of, or an attempt to commit, or immediate flight after committing or attempting to commit, murder, robbery, burglary, kidnapping, arson, gross sexual assault, or escape, the person or another participant in fact causes the death of a human being, and the death is a reasonably foreseeable consequence of such commission, attempt or flight.

2. It is an affirmative defense to prosecution under this section that the defendant:

A. Did not commit the homicidal act or in any way solicit, command, induce, procure or aid the commission thereof;

B. Was not armed with a dangerous weapon, or other weapon which under circumstances indicated a readiness to inflict serious bodily injury;

C. Reasonably believed that no other participant was armed with such a weapon; and

D. Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.

3. Felony murder is a Class A crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 40, eff. May 1, 1976; 1977, c. 510, § 39; 1979, c. 701, § 20; 1991, c. 377, § 8, eff. June 20, 1991.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 203

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 203. Manslaughter

1. A person is guilty of manslaughter if that person:

A. Recklessly, or with criminal negligence, causes the death of another human being. Violation of this paragraph is a Class A crime;

B. Intentionally or knowingly causes the death of another human being under circumstances that do not constitute murder because the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 201, subsection 4. The fact that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation constitutes a mitigating circumstance reducing murder to manslaughter and need not be proved in any prosecution initiated under this subsection. Violation of this paragraph is a Class A crime; or

C. Has direct and personal management or control of any employment, place of employment or other employee, and intentionally or knowingly violates any occupational safety or health standard of this State or the Federal Government, and that violation in fact causes the death of an employee and that death is a reasonably foreseeable consequence of the violation. This paragraph does not apply to:

(1) Any person who performs a public function either on a volunteer basis or for minimal compensation for services rendered; or

(2) Any public employee responding to or acting at a life-threatening situation who is forced to make and does make a judgment reasonably calculated to save the life of a human being.

Violation of this paragraph is a Class C crime.

2. Repealed. Laws 1983, c. 480, § B, 23.

3. Deleted. Laws 2001, c. 383, § 9.

A. Repealed. Laws 1997, c. 34, § 1.

B. Deleted. Laws 2001, c. 383, § 9.

3-A. Repealed. Laws 1989, c. 872, § 2.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, § 40; 1983, c. 217; 1983, c. 372, § 2; 1983, c. 480, § B, 23; 1987, c. 678, § 1; 1989, c. 505, §§ 1, 2; 1989, c. 872, §§ 1, 2; 1989, c. 873, eff; April 19, 1990; 1997, c. 34, § 1; 2001, c. 383, § 9, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 204

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 204. Aiding or soliciting suicide

1. A person is guilty of aiding or soliciting suicide if he intentionally aids or solicits another to commit suicide, and the other commits or attempts suicide.

2. Aiding or soliciting suicide is a Class D crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 41, eff. May 1, 1976; 1977, c. 510, § 41.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 205

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 205. Repealed. Laws 1977, c. 510, § 42

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 206

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 206. Repealed. Laws 1977, c. 510, § 43

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 207

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 207. Assault

1. A person is guilty of assault if:

A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime; or

B. The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another person who is less than 6 years of age. Violation of this paragraph is a Class C crime.

2. Repealed. Laws 2001, c. 383, § 10, eff. Jan. 1, 2003.

3. For a violation under subsection 1, the court shall impose a sentencing alternative that involves a fine of not less than $300, which may not be suspended.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1985, c. 495, § 4; 2001, c. 383, § 10, eff. Jan. 31, 2003; 2005, c. 12, § JJ-1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 207-A

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 207-A. Domestic violence assault

1. A person is guilty of domestic violence assault if:

A. The person violates section 207 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or

B. The person violates paragraph A and at the time of the offense:

(1) Has one or more prior convictions for violating paragraph A or for violating section 209-A, 210-B, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 209-A, 210-B, 210-C or 211-A in another jurisdiction;

(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or

(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.

Violation of this paragraph is a Class C crime.

2. Section 9-A governs the use of prior convictions when determining a sentence.

CREDIT(S)

2007, c. 436, § 1, eff. Feb. 1, 2008; 2011, c. 640, § B-1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 208

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 208. Aggravated assault

1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes:

A. Serious bodily injury to another; or

B. Bodily injury to another with use of a dangerous weapon; or

C. Bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Such circumstances include, but are not limited to, the number, location or nature of the injuries, the manner or method inflicted, the observable physical condition of the victim or the use of strangulation. For the purpose of this paragraph, “strangulation” means the intentional impeding of the breathing or circulation of the blood of another person by applying pressure on the person's throat or neck.

2. Aggravated assault is a Class B crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 740, § 43, eff. May 1, 1976; 1977, c. 510, § 44; 1981, c. 317, § 6; 2011, c. 640, § B-2.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 208-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 208-A. Assault while hunting

1. A person is guilty of assault while hunting if, while in the pursuit of wild game or game birds, he, with criminal negligence, causes bodily injury to another with the use of a dangerous weapon.

2. Assault while hunting is a Class D crime.

CREDIT(S)

1977, c. 671, § 22.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 208-B

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 208-B. Elevated aggravated assault

1. A person is guilty of elevated aggravated assault if that person:

A. Intentionally or knowingly causes serious bodily injury to another person with the use of a dangerous weapon;

B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes serious bodily injury to another person with the use of a dangerous weapon; or

C. With terroristic intent engages in conduct that in fact causes serious bodily injury to another person.

2. Elevated aggravated assault is a Class A crime.

CREDIT(S)

1997, c. 461, § 1; 2001, c. 634, § 3.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 208-C

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 208-C. Elevated aggravated assault on pregnant person

1. A person is guilty of elevated aggravated assault on a pregnant person if that person intentionally or knowingly causes serious bodily injury to a person the person knows or has reason to know is pregnant. For the purposes of this subsection, “serious bodily injury” includes bodily injury that results in the termination of a pregnancy. This subsection does not apply to acts committed by:

A. Any person relating to an abortion for which the consent of the pregnant person, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; or

B. Any person for any medical treatment of the pregnant person or the fetus.

2. Elevated aggravated assault on a pregnant person is a Class A crime.

CREDIT(S)

2005, c. 408, § 1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 209

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 209. Criminal threatening

1. A person is guilty of criminal threatening if he intentionally or knowingly places another person in fear of imminent bodily injury.

2. Criminal threatening is a Class D crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 209-A

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 209-A. Domestic violence criminal threatening

1. A person is guilty of domestic violence criminal threatening if:

A. The person violates section 209 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or

B. The person violates paragraph A and at the time of the offense:

(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 210-B, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 210-B, 210-C or 211-A in another jurisdiction;

(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or

(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.

Violation of this paragraph is a Class C crime.

2. Section 9-A governs the use of prior convictions when determining a sentence.

CREDIT(S)

2007, c. 436, § 2, eff. Feb. 1, 2008; 2011, c. 640, § B-3.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 210

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 210. Terrorizing

1. A person is guilty of terrorizing if that person in fact communicates to any person a threat to commit or to cause to be committed a crime of violence dangerous to human life, against the person to whom the communication is made or another, and the natural and probable consequence of such a threat, whether or not such consequence in fact occurs, is:

A. To place the person to whom the threat is communicated or the person threatened in reasonable fear that the crime will be committed. Violation of this paragraph is a Class D crime; or

B. To cause evacuation of a building, place of assembly or facility of public transport or to cause the occupants of a building to be moved to or required to remain in a designated secured area. Violation of this paragraph is a Class C crime.

2. Deleted. Laws 2001, c. 383, § 11.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, § 45; 1977, c. 671, §§ 23, 24; 1999, c. 433, § 1; 2001, c. 383, § 11, eff. Jan. 31, 2003; 2003, c. 143, § 4.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 210-A

Effective: September 12, 2009

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 210-A. Stalking

1. A person is guilty of stalking if:

A. The actor intentionally or knowingly engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person:

(1) To suffer serious inconvenience or emotional distress;

(2) To fear bodily injury or to fear bodily injury to a close relation;

(3) To fear death or to fear the death of a close relation;

(4) To fear damage or destruction to or tampering with property; or

(5) To fear injury to or the death of an animal owned by or in the possession and control of that specific person.

Violation of this paragraph is a Class D crime; or

B. Deleted. Laws 2001, c. 383, § 12, eff. Jan. 31, 2003.

C. The actor violates paragraph A and has 2 or more prior convictions in this State or another jurisdiction. Notwithstanding section 2, subsection 3-B, as used in this paragraph, “another jurisdiction” also includes any Indian tribe.

Violation of this paragraph is a Class C crime.

For the purposes of this paragraph, “prior conviction” means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; Title 22, section 4036; any other temporary, emergency, interim or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent agreement. Section 9-A governs the use of prior convictions when determining a sentence.

2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. “Course of conduct” means 2 or more acts, including but not limited to acts in which the actor, by any action, method, device or means, directly or indirectly follows, monitors, tracks, observes, surveils, threatens, harasses or communicates to or about a person or interferes with a person's property. ”Course of conduct” also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information.

B. “Close relation” means a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior 6 months regularly resided in the household or any person with a significant personal or professional relationship.

C. Deleted. Laws 2007, c. 685, § 1.

D. “Emotional distress” means mental or emotional suffering of the person being stalked as evidenced by anxiety, fear, torment or apprehension that may or may not result in a physical manifestation of emotional distress or a mental health diagnosis.

E. “Serious inconvenience” means that a person significantly modifies that person's actions or routines in an attempt to avoid the actor or because of the actor's course of conduct. “Serious inconvenience” includes, but is not limited to, changing a phone number, changing an electronic mail address, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule or losing time from work or a job.

3. Repealed. Laws 2001, c. 383, § 13, eff. Jan. 31, 2003.

CREDIT(S)

1995, c. 668, § 3; 1999, c. 510, § 4, eff. June 11, 1999; 2001, c. 411, § 1; 2001, c. 383, §§ 12, 13, eff. Jan. 31, 2003; 2001, c. 471, § B-9, eff. Jan. 31, 2003; 2001, c. 667, § D-35, eff. April 11, 2002; 2007, c. 685, § 1; 2009, c. 336, § 11.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 210-B

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 210-B. Domestic violence terrorizing

1. A person is guilty of domestic violence terrorizing if:

A. The person violates section 210 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or

B. The person violates paragraph A and at the time of the offense:

(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-C or 211-A in another jurisdiction;

(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or

(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.

Violation of this paragraph is a Class C crime.

2. Section 9-A governs the use of prior convictions when determining a sentence.

CREDIT(S)

2007, c. 436, § 3, eff. Feb. 1, 2008; 2011, c. 640, § B-4.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 210-C

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 210-C. Domestic violence stalking

1. A person is guilty of domestic violence stalking if:

A. The person violates section 210-A and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or

B. The person violates paragraph A and at the time of the offense:

(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-B or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-B or 211-A in another jurisdiction;

(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or

(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.

Violation of this paragraph is a Class C crime.

2. Section 9-A governs the use of prior convictions when determining a sentence.

CREDIT(S)

2007, c. 436, § 4, eff. Feb. 1, 2008; 2011, c. 640, § B-5.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 211

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 211. Reckless conduct

1. A person is guilty of reckless conduct if he recklessly creates a substantial risk of serious bodily injury to another person.

2. Reckless conduct is a Class D crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 211-A

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 211-A. Domestic violence reckless conduct

1. A person is guilty of domestic violence reckless conduct if:

A. The person violates section 211 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or

B. The person violates paragraph A and at the time of the offense:

(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-B or 210-C or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-B or 210-C in another jurisdiction;

(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or

(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.

Violation of this paragraph is a Class C crime.

2. Section 9-A governs the use of prior convictions when determining a sentence.

CREDIT(S)

2007, c. 436, § 5, eff. Feb. 1, 2008; 2011, c. 640, § B-6.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 212

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 212. Repealed. Laws 1997, c. 460, § 1

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 213

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 213. Aggravated reckless conduct

1. A person is guilty of aggravated reckless conduct if the person with terroristic intent engages in conduct that in fact creates a substantial risk of serious bodily injury to another person.

2. Aggravated reckless conduct is a Class B crime.

CREDIT(S)

2001, c. 634, § 4.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 2, Ch. 11, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 251

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 251. Definitions and general provisions

1. In this chapter the following definitions apply.

A. “Spouse” means a person legally married to the actor, but does not include a legally married person living apart from the actor under a defacto separation.

B. Repealed. Laws 1989, c. 401, § A, 2.

C. “Sexual act” means:

(1) Any act between 2 persons involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other;

(2) Any act between a person and an animal being used by another person which act involves direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other; or

(3) Any act involving direct physical contact between the genitals or anus of one and an instrument or device manipulated by another person when that act is done for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact.

A sexual act may be proved without allegation or proof of penetration.

D. “Sexual contact” means any touching of the genitals or anus, directly or through clothing, other than as would constitute a sexual act, for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact.

E. “Compulsion” means the use of physical force, a threat to use physical force or a combination thereof that makes a person unable to physically repel the actor or produces in that person a reasonable fear that death, serious bodily injury or kidnapping might be imminently inflicted upon that person or another human being.

“Compulsion” as defined in this paragraph places no duty upon the victim to resist the actor.

F. “Safe children zone” means on or within 1,000 feet of the real property comprising a public or private elementary or secondary school or on or within 1,000 feet of the real property comprising a day care center licensed pursuant to Title 22, section 8301-A.

G. “Sexual touching” means any touching of the breasts, buttocks, groin or inner thigh, directly or through clothing, for the purpose of arousing or gratifying sexual desire.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 44, eff. May 1, 1976; 1981, c. 252, § 1; 1985, c. 495, §§ 5, 6; 1989, c. 401, § A, 2; 1991, c. 457; 1997, c. 768, § 1; 2003, c. 138, § 1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 252

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 252. Repealed. Laws 1989, c. 401, Pt. A, § 3

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 253

Effective: May 22, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 253. Gross sexual assault

1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:

A. The other person submits as a result of compulsion, as defined in section 251, subsection 1, paragraph E. Violation of this paragraph is a Class A crime;

B. The other person, not the actor's spouse, has not in fact attained the age of 14 years. Violation of this paragraph is a Class A crime; or

C. The other person, not the actor's spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime.

2. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:

A. The actor has substantially impaired the other person's power to appraise or control the other person's sexual acts by furnishing, as defined in section 1101, subsection 18, paragraph A, administering or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime;

B. The actor compels or induces the other person to engage in the sexual act by any threat. Violation of this paragraph is a Class B crime;

C. The other person suffers from mental disability that is reasonably apparent or known to the actor, and which in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the person has the right to deny or withdraw consent. Violation of this paragraph is a Class B crime;

D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual act. Violation of this paragraph is a Class B crime;

E. The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution, and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class B crime;

F. The other person, not the actor's spouse, has not in fact attained the age of 18 years and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph is a Class C crime;

G. The other person, not the actor's spouse, has not attained the age of 18 years and is a resident in or attending a children's home, day care facility, residential child care facility, drug treatment center, youth camp licensed under Title 22, section 2495 or similar school, facility or institution regularly providing care or services for children, and the actor is a teacher, employee or other person having instructional, supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class C crime;

H. The other person has not in fact attained the age of 18 years and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term care and welfare of that other person. Violation of this paragraph is a Class B crime;

I. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class C crime;

J. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes the other person as a person with an intellectual disability or autism. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34-B, section 5001, subsection 3, or autism, as defined in Title 34-B, section 6002. Violation of this paragraph is a Class C crime;

K. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class C crime; or

L. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, “domestic partners” means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class C crime.

3. It is a defense to a prosecution under subsection 2, paragraph A that the other person voluntarily consumed or allowed administration of the substance with knowledge of its nature, except that it is no defense when:

A. The other person is a patient of the actor and has a reasonable belief that the actor is administering the substance for medical or dental examination or treatment; or

B. The other person is in fact 14 or 15 years of age.

4. Repealed. Laws 2001, c. 383, § 18, eff. Jan. 31, 2003.

5. Repealed. Laws 2001, c. 383, § 19, eff. Jan. 31, 2003.

6. In using a sentencing alternative involving a term of imprisonment for a person convicted of violating this section, a court shall, in determining the maximum period of incarceration as the 2nd step in the sentencing process, treat each prior Maine conviction for a violation of this section as an aggravating sentencing factor.

A. When the sentencing class for a prior conviction under this section is Class A, the court shall enhance the basic period of incarceration by a minimum of 4 years of imprisonment.

B. When the sentencing class for a prior conviction under this section is Class B, the court shall enhance the basic period of incarceration by a minimum of 2 years of imprisonment.

C. When the sentencing class for a prior conviction under this section is Class C, the court shall enhance the basic period of incarceration by a minimum of one year of imprisonment.

In arriving at the final sentence as the 3rd step in the sentencing process, the court may not suspend that portion of the maximum term of incarceration based on a prior conviction.

7. If the State pleads and proves that a violation of subsection 1 or subsection 2 was committed in a safe children zone, the court, in determining the appropriate sentence, shall treat this as an aggravating sentencing factor.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, §§ 48, 49, eff. May 1, 1976; 1979, c. 701, § 21; 1981, c. 252, § 3; 1983, c. 326, §§ 1 to 4; 1985, c. 247, § 2; 1985, c. 414, §§ 2, 3; 1985, c. 495, §§ 7, 8; 1985, c. 544, eff. Feb. 28, 1986; 1985, c. 737, § A, 41, eff. April 18, 1986; 1987, c. 255, § 2; 1989, c. 401, § A, 4; 1991, c. 569; 1993, c. 432, § 1; 1993, c. 687, §§ 1 to 3; 1995, c. 429, § 1; 1995, c. 560, § K-82; 1997, c. 768, § 2; 2001, c. 354, § 3; 2001, c. 383, §§ 14 to 20, eff. Jan. 31, 2003; 2003, c. 711, § B-2; R.R.2003, c. 2, § 25; 2007, c. 102, § 1; 2007, c. 474, §§ 1, 2; 2009, c. 211, § B-15; 2011, c. 423, §§ 1 to 3; 2011, c. 464, § 5; 2011, c. 542, § A-11, eff. March 20, 2012; 2011, c. 691, § A-13, eff. May 22, 2012.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 254

Effective: September 28, 2011

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 254. Sexual abuse of minors

1. A person is guilty of sexual abuse of a minor if:

A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime;

A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class C crime;

A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class C crime;

B. Deleted. Laws 1989, c. 401, § A, 3.

C. The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;

D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; or

E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime.

F. Repealed. Laws 2011, c. 464, § 8.

2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1, A-2 and F, that the actor reasonably believed the other person is at least 16 years of age.

3. Deleted. Laws 2001, c. 383, § 21.

4. As used in this section, “related to the actor within the 2nd degree of consanguinity” has the meaning set forth in section 556.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 50, eff. May 1, 1976; 1985, c. 495, §§ 9, 10; 1989, c. 401, § A, 5; 1993, c. 451, § 1; 1995, c. 104, §§ 1 to 3; 1997, c. 460, §§ 2, 3; 2001, c. 383, § 21, eff. Jan. 31, 2003; 2003, c. 138, §§ 2 to 4; 2011, c. 464, §§ 6 to 8.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 254-A

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 254-A. Written notification not to pursue charges for sexual abuse of a minor

A prosecutor who elects not to commence a criminal proceeding for an alleged violation of section 254 shall, at the request of a parent, surrogate parent or guardian of the alleged victim, inform that person in writing of the reason for not commencing the proceeding.

CREDIT(S)

1995, c. 308, § 1; 2005, c. 328, § 14.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 255

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 255. Repealed. Laws 2001, c. 383, § 22, eff. Jan. 31, 2003

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 255-A

Effective: May 22, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 255-A. Unlawful sexual contact

1. A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and:

A. The other person has not expressly or impliedly acquiesced in the sexual contact. Violation of this paragraph is a Class D crime;

B. The other person has not expressly or impliedly acquiesced in the sexual contact and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

C. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact. Violation of this paragraph is a Class D crime;

D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

E. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older. Violation of this paragraph is a Class C crime;

E-1. The other person, not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older. Violation of this paragraph is a Class B crime;

F. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older and the sexual contact includes penetration. Violation of this paragraph is a Class B crime;

F-1. The other person, not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older and the sexual contact includes penetration. Violation of this paragraph is a Class A crime;

F-2. The other person, not the actor's spouse, is in fact either 14 or 15 years of age and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime;

G. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other person has the right to deny or withdraw consent. Violation of this paragraph is a Class D crime;

H. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the other person has the right to deny or withdraw consent and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

I. The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class D crime;

J. The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

K. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph is a Class D crime;

L. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

M. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term general care and welfare of that other person. Violation of this paragraph is a Class C crime;

N. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term general care and welfare of that other person and the sexual contact includes penetration. Violation of this paragraph is a Class B crime;

O. The other person submits as a result of compulsion. Violation of this paragraph is a Class C crime;

P. The other person submits as a result of compulsion and the sexual contact includes penetration. Violation of this paragraph is a Class B crime;

Q. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with an intellectual disability or autism. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34-B, section 5001, subsection 3, or autism, as defined in Title 34-B, section 6002. Violation of this paragraph is a Class D crime;

R. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with an intellectual disability or autism and the sexual contact includes penetration. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34-B, section 5001, subsection 3, or autism, as defined in Title 34-B, section 6002. Violation of this paragraph is a Class C crime;

R-1. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class D crime;

R-2. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

S. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;

T. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled and the sexual contact includes penetration. Violation of this paragraph is a Class D crime;

U. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;

V. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

W. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, “domestic partners” means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class D crime; or

X. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect and the sexual contact includes penetration. For the purposes of this paragraph, “domestic partners” means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class C crime.

CREDIT(S)

2001, c. 354, § 3; 2001, c. 383, § 23, eff. Jan. 31, 2003; R.R.2001, c. 1, § 51, eff. Oct. 1, 2001; 2003, c. 711, § B-3; R.R.2003, c. 2, § 26; 2005, c. 450, §§ 1, 2; 2007, c. 102, §§ 2, 3; 2011, c. 423, §§ 4 to 6; 2011, c. 464, §§ 9 to 11; 2011, c. 542, § A-12, eff. March 20, 2012; 2011, c. 691, §§ A-14, A-15, eff. May 22, 2012.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 256

Effective: July 18, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 256. Visual sexual aggression against child

1. A person is guilty of visual sexual aggression against a child if:

A. For the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm, the actor, having in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 14 years of age. Violation of this paragraph is a Class D crime;

B. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class C crime;

C. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person, not the actor's spouse and not having in fact attained 14 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class D crime; or

D. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person, not the actor's spouse and not having in fact attained 12 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class C crime.

CREDIT(S)

1995, c. 72, § 1; 2003, c. 711, § B-4; 2005, c. 655, § 1; 2007, c. 688, § 1.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 257

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 257. Factors aiding in predicting high-risk sex offenders for sentencing purposes

1.[FN1] In assessing for sentencing purposes the risk of repeat offenses by a person convicted of a crime under chapter 11, [FN2] a court shall treat each of the following factors, if present, as increasing that risk:

A. The victim of the crime is prepubescent;

B. The victim of the crime is the same gender as the offender;

C. The victim of the crime is a total stranger to the offender; and

D. The offender has been previously convicted of a crime under chapter 11 or previously convicted in another jurisdiction for conduct substantially similar to that contained in chapter 11.

A court may also utilize any other factor found by that court to increase the risk of repeat offenses by a person convicted of a crime under chapter 11.

CREDIT(S)

1995, c. 429, § 2; 2007, c. 476, § 3.

[FN1] No subsec. 2 was enacted.

[FN2] 17-A M.R.S.A. § 251 et seq.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 258

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 258. Sexual misconduct with a child under 14 years of age

1. A person is guilty of sexual misconduct with a child under 14 years of age if that person, having in fact attained 18 years of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained the age of 14 years, with the intent to encourage the other person to engage in a sexual act or sexual contact. Violation of this subsection is a Class D crime.

1-A. A person is guilty of sexual misconduct with a child under 12 years of age if that person, having in fact attained 18 years of age, knowingly displays any sexually explicit materials to another person, not the actor's spouse, who has not in fact attained 12 years of age, with the intent to encourage the other person to engage in a sexual act or sexual contact. Violation of this subsection is a Class C crime.

2. As used in this section, “sexually explicit materials” means any book, magazine, print, negative, slide, motion picture, videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or adult, engaging in sexually explicit conduct, as that term is defined in section 281.

3. Repealed. Laws 2003, c. 711, § B-8.

CREDIT(S)

1997, c. 143, § 1; 2003, c. 711, §§ B-5 to B-8.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 259

Effective: April 6, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 259. Repealed. Laws 2011, c. 597, § 2, eff. April 6, 2012

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 259-A

Effective: April 6, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 259-A. Solicitation of a child to commit a prohibited act

1. A person is guilty of soliciting a child to commit a prohibited act if:

A. The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor:

(1) Is at least 16 years of age;

(2) Knows or believes that the other person is less than 14 years of age; and

(3) Is at least 3 years older than the age expressed by the other person.

Violation of this paragraph is a Class D crime; or

B. The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor:

(1) Is at least 16 years of age;

(2) Knows or believes that the other person is less than 12 years of age; and

(3) Is at least 3 years older than the age expressed by the other person.

Violation of this paragraph is a Class C crime.

2. For purposes of this section, “prohibited act” means:

A. A sexual act;

B. Sexual contact; or

C. Sexual exploitation of a minor pursuant to section 282.

CREDIT(S)

2011, c. 597, § 3, eff. April 6, 2012.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 260

Effective: May 22, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 260. Unlawful sexual touching

1. Unlawful sexual touching. A person is guilty of unlawful sexual touching if the actor intentionally subjects another person to any sexual touching and:

A. The other person has not expressly or impliedly acquiesced in the sexual touching. Violation of this paragraph is a Class D crime;

B. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual touching. Violation of this paragraph is a Class D crime;

C. The other person, not the actor's spouse, is in fact less than 14 years of age and the actor is at least 5 years older. Violation of this paragraph is a Class D crime;

D. The other person suffers from a mental disability that is reasonably apparent or known to the actor that in fact renders the other person substantially incapable of appraising the nature of the touching involved or of understanding that the other person has the right to deny or withdraw consent. Violation of this paragraph is a Class D crime;

E. The other person, not the actor's spouse, is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class D crime;

F. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph is a Class D crime;

G. The other person is in fact less than 18 years of age and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term general care and welfare of that other person. Violation of this paragraph is a Class D crime;

H. The other person submits as a result of compulsion. Violation of this paragraph is a Class D crime;

I. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and the organization, program or residence recognizes that other person as a person with an intellectual disability or autism. It is an affirmative defense to prosecution under this paragraph that the actor receives services for an intellectual disability or autism or is a person with an intellectual disability, as defined in Title 34-B, section 5001, subsection 3, or autism, as defined in Title 34-B, section 6002. Violation of this paragraph is a Class D crime;

J. The other person, not the actor's spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor, who is at least 21 years of age, is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime;

K. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;

L. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor's spouse, receives services from the organization, program or residence and suffers from a mental disability that is reasonably apparent or known to the actor. Violation of this paragraph is a Class D crime; or

M. The actor is employed to provide care to a dependent person, who is not the actor's spouse or domestic partner and who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. For the purposes of this paragraph, “domestic partners” means 2 unmarried adults who are domiciled together under a long-term arrangement that evidences a commitment to remain responsible indefinitely for each other's welfare. Violation of this paragraph is a Class D crime.

CREDIT(S)

2003, c. 138, § 5; R.R.2003, c. 2, § 27; 2005, c. 450, §§ 3 to 5; 2007, c. 102, § 4; 2011, c. 423, §§ 7 to 9; 2011, c. 464, § 12; 2011, c. 542, § A-13, eff. March 20, 2012; 2011, c. 691, § A-16, eff. May 22, 2012.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 261

Effective: September 12, 2009

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 11. Sexual Assaults (Refs & Annos)

§ 261. Prohibited contact with a minor; sex offender restricted zone

1. A person is guilty of prohibited contact with a minor if that person:

A. Was convicted on or after June 30, 1992 of an offense under this chapter or chapter 12 against another person who had not in fact attained 14 years of age or was convicted on or after June 30, 1992 in another jurisdiction for conduct substantially similar to that contained in this chapter or chapter 12 against another person who had not in fact attained 14 years of age; and

B. Deleted. Laws 2009, c. 365, § A-1.

C. Intentionally or knowingly initiates direct or indirect contact with another person who has not in fact attained 14 years of age.

Violation of this subsection is a Class E crime.

2. A person is guilty of prohibited contact with a minor in a sex offender restricted zone if that person:

A. Was convicted on or after June 30, 1992 of an offense under this chapter or chapter 12 against another person who had not in fact attained 14 years of age or was convicted on or after June 30, 1992 in another jurisdiction for conduct substantially similar to that contained in this chapter or chapter 12 against another person who had not in fact attained 14 years of age; and

B. Deleted. Laws 2009, c. 365, § A-2.

C. Intentionally or knowingly initiates direct or indirect contact in a sex offender restricted zone with another person who has not in fact attained 14 years of age.

Violation of this subsection is a Class D crime.

3. It is an affirmative defense to prosecution under this section that the parent, foster parent, guardian or other similar person responsible for the person who had not in fact attained 14 years of age, knowing the conviction status described in subsections 1 and 2, gave consent that the defendant initiate, have or continue direct or indirect contact. It is also an affirmative defense to prosecution under this section that any contact is incidental to and directly related to the defendant's employment.

4. For purposes of this section, “sex offender restricted zone” means the real property comprising a public or private elementary or middle school; the real property comprising a child care center, a child care facility, a day care operated by a family child care provider, a nursery school or a small child care facility as defined under Title 22, section 8301-A; or an athletic field, park, playground, recreational facility, youth camp licensed under Title 22, section 2495 or other place where children are the primary users.

CREDIT(S)

2007, c. 393, § 1; 2007, c. 518, § 6; 2009, c. 211, § B-16; 2009, c. 365, §§ A-1, A-2.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 2, Ch. 12, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 12. Sexual Exploitation of Minors

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 281

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 12. Sexual Exploitation of Minors (Refs & Annos)

§ 281. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. “Disseminate” means to manufacture, publish, send, promulgate, distribute, exhibit, issue, furnish, sell or transfer or to offer or agree to do any of these acts.

2. “Minor” means a person who has not attained 18 years of age.

3. “Photograph” means to make, capture, generate or save a print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material.

4. “Sexually explicit conduct” means any of the following acts:

A. A sexual act;

B. Bestiality;

C. Masturbation;

D. Sadomasochistic abuse for the purpose of sexual stimulation;

E. Lewd exhibition of the genitals, anus or pubic area of a person. An exhibition is considered lewd if the exhibition is designed for the purpose of eliciting or attempting to elicit a sexual response in the intended viewer; or

F. Conduct that creates the appearance of the acts in paragraphs A to D and also exhibits any uncovered or covered portions of the genitals, anus or pubic area.

CREDIT(S)

2003, c. 711, § B-12.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 282

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 12. Sexual Exploitation of Minors (Refs & Annos)

§ 282. Sexual exploitation of minor

1. A person is guilty of sexual exploitation of a minor if:

A. Knowing or intending that the conduct will be photographed, the person intentionally or knowingly employs, solicits, entices, persuades, uses or compels another person, not that person's spouse, who is in fact a minor, to engage in sexually explicit conduct. Violation of this paragraph is a Class B crime;

B. The person violates paragraph A and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime;

C. The person violates paragraph A and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime;

D. Being a parent, legal guardian or other person having care or custody of another person who is in fact a minor, that person knowingly or intentionally permits that minor to engage in sexually explicit conduct, knowing or intending that the conduct will be photographed. Violation of this paragraph is a Class B crime;

E. The person violates paragraph D and, at the time of the offense, the person has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime; or

F. The person violates paragraph D and the minor has not in fact attained 12 years of age. Violation of this paragraph is a Class A crime.

2. The following mandatory minimum terms of imprisonment apply to sexual exploitation of a minor.

A. A court shall impose upon a person convicted under subsection 1, paragraph A or D a sentencing alternative involving a term of imprisonment of at least 5 years.

B. A court shall impose upon a person convicted under subsection 1, paragraph B or E a sentencing alternative involving a term of imprisonment of at least 10 years.

The court may not suspend a minimum term of imprisonment imposed under this section unless it sets forth in detail, in writing, the reasons for suspending the sentence. The court shall consider the nature and circumstances of the crime, the physical and mental well-being of the minor and the history and character of the defendant and may only suspend the minimum term if the court is of the opinion that the exceptional features of the case justify the imposition of another sentence. Section 9-A governs the use of prior convictions when determining a sentence.

CREDIT(S)

2003, c. 711, § B-12; 2007, c. 476, §§ 4, 5.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 283

Effective: July 12, 2010

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 12. Sexual Exploitation of Minors (Refs & Annos)

§ 283. Dissemination of sexually explicit material

1. A person is guilty of dissemination of sexually explicit material if:

A. The person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, newspaper, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts any minor who the person knows or has reason to know is a minor engaging in sexually explicit conduct. Violation of this paragraph is a Class C crime;

B. The person violates paragraph A and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class B crime;

C. The person intentionally or knowingly disseminates or possesses with intent to disseminate any book, magazine, newspaper, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts any minor who is less than 12 years of age who the person knows or has reason to know is a minor less than 12 years of age engaging in sexually explicit conduct. Violation of this paragraph is a Class B crime; or

D. The person violates paragraph C and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class A crime.

Section 9-A governs the use of prior convictions when determining a sentence.

2. For the purposes of this section, possession of 10 or more copies of any of the materials as described in subsection 1 gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person possesses those items with intent to disseminate.

3. For purposes of this section, any element of age of the person depicted means the age of the person at the time the sexually explicit conduct occurred, not the age of the person depicted at the time of dissemination or possession of the sexually explicit visual image or material.

CREDIT(S)

2003, c. 711, § B-12; 2007, c. 476, §§ 6, 7; 2009, c. 608, § 3.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 284

Effective: September 28, 2011

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 12. Sexual Exploitation of Minors (Refs & Annos)

§ 284. Possession of sexually explicit material

1. A person is guilty of possession of sexually explicit material if that person:

A. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses with intent to view any book, magazine, newspaper, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:

(1) The other person has not in fact attained 16 years of age; or

(2) The person knows or has reason to know that the other person has not attained 16 years of age.

Violation of this paragraph is a Class D crime;

B. Violates paragraph A and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class C crime;

C. Intentionally or knowingly transports, exhibits, purchases, possesses or accesses with intent to view any book, magazine, newspaper, print, negative, slide, motion picture, computer data file, videotape or other mechanically, electronically or chemically reproduced visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct, and:

(1) The other person has not in fact attained 12 years of age; or

(2) The person knows or has reason to know that the other person has not attained 12 years of age.

Violation of this paragraph is a Class C crime; or

D. Violates paragraph C and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Violation of this paragraph is a Class B crime.

Section 9-A governs the use of prior convictions when determining a sentence.

2. It is a defense to a prosecution under this section that the person depicted was the spouse of the person possessing the sexually explicit material at the time the material was produced.

3. The age of the person depicted and that the person depicted is an actual person may be reasonably inferred from the depiction. Competent medical evidence or other expert testimony may be used to establish the age and authenticity of the person depicted.

4. Any material that depicts a person who has not attained 16 years of age engaging in sexually explicit conduct is declared to be contraband and may be seized by the State.

5. For purposes of this section, any element of age of the person depicted means the age of the person at the time the sexually explicit conduct occurred, not the age of the person depicted at the time of the transporting, exhibiting, purchasing, possession or accessing of the sexually explicit visual image or material.

CREDIT(S)

2003, c. 711, § B-12; 2005, c. 345, §§ 1, 2; 2007, c. 476, §§ 8, 9; 2009, c. 608, § 4; 2011, c. 50, §§ 1 to 3, eff. April 25, 2011; 2011, c. 464, § 13.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 285

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 12. Sexual Exploitation of Minors (Refs & Annos)

§ 285. Forfeiture of equipment used to facilitate violations

1. Upon a finding of guilt of any violation of this chapter, but prior to sentencing, an attorney for the State may, in writing, move the court for an order requiring the forfeiture to the State of any equipment, including computers, that may have facilitated the commission of the offense. Notice of the motion must be made by the State to the defendant and any party of interest; this notice must be done by registered mail.

2. If contesting the forfeiture, the defendant or other party-in-interest in the in rem civil forfeiture proceeding may request a jury trial. Absent that request, the proceeding must be before the court.

3. At the jury trial or court hearing, the State has the burden of proving to the fact finder by a preponderance of the evidence that the equipment was used in violation of this chapter.

4. Upon a finding by a preponderance of the evidence that the equipment was used to facilitate the commission of a violation of this chapter, the court shall order the equipment forfeited and may, upon the written recommendation of the attorney for the State, provide in its order for the disposition or use of the equipment by any state, county or municipal law enforcement agency that made a substantial contribution to the investigation or prosecution of the case. Any equipment forfeited that is not transferred to an investigating or prosecuting agency must be sold and the proceeds deposited in the General Fund.

5. The Attorney General may adopt by rule guidelines regulating the disposition and use of property forfeited or sought for forfeiture under this section. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

CREDIT(S)

2003, c. 711, § B-12.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 2, Ch. 13, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 13. Kidnapping and Criminal Restraint

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 301

Effective: January 1, 2009

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 13. Kidnapping and Criminal Restraint (Refs & Annos)

§ 301. Kidnapping

1. A person is guilty of kidnapping if either:

A. The actor knowingly restrains another person with the intent to:

(1) Hold the other person for ransom or reward;

(2) Use the other person as a shield or hostage;

(3) Inflict bodily injury upon the other person or subject the other person to conduct defined as criminal in chapter 11;

(4) Terrorize the other person or a 3rd person;

(5) Facilitate the commission of another crime by any person or flight thereafter; or

(6) Interfere with the performance of any governmental or political function; or

B. The actor knowingly restrains another person:

(1) Under circumstances which in fact expose the other person to risk of serious bodily injury; or

(2) By secreting and holding the other person in a place where the other person is not likely to be found.

2. “Restrain” means to restrict substantially the movements of another person without the other person's consent or other lawful authority by:

A. Removing the other person from the other person's residence or place of business or from a school;

B. Moving the other person a substantial distance from the vicinity where the other person is found;

C. Confining the other person for a substantial period either in the place where the restriction commences or in a place to which the other person has been moved;

D. Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document or other actual or purported government identification document of the other person; or

E. Using any scheme, plan or pattern intended to cause the other person to believe that if the person does not perform certain labor or services, including prostitution, that the person or another person will suffer serious harm or restraint.

2-A. “Hostage” means a person restrained with the intent that a 3rd person, not the person restrained or the actor, perform or refrain from performing some act.

2-B. It is a defense to a prosecution under this section that the person restrained is the child of the actor.

3. Kidnapping is a Class A crime. It is however, a defense which reduces the crime to a Class B crime, if the defendant voluntarily released the victim alive and not suffering from serious bodily injury, in a safe place prior to trial.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1979, c. 512, § 24; 2001, c. 383, § 26, eff. Jan. 31, 2003; 2007, c. 684, § A-1, eff. Jan. 1, 2009.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 302

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 13. Kidnapping and Criminal Restraint (Refs & Annos)

§ 302. Criminal restraint

1. A person is guilty of criminal restraint if:

A. Knowing the actor has no legal right to do so, the actor intentionally or knowingly takes, retains or entices another person who:

(1) Is less than 14 years of age. Violation of this subparagraph is a Class D crime;

(2) Is incompetent. Violation of this subparagraph is a Class D crime;

(3) Is either 14, 15 or 16 years of age from the custody of the other person's parent, guardian or other lawful custodian, with the intent to hold the other person permanently or for a prolonged period and the actor is at least 18 years of age. Violation of this subparagraph is a Class D crime; or

(4) Is in fact less than 8 years of age. Violation of this subparagraph is a Class C crime; or

B. The actor:

(1) Knowingly restrains another person. Violation of this subparagraph is a Class D crime; or

(2) Knowingly restrains another person who is in fact less than 8 years of age. Violation of this subparagraph is a Class C crime.

As used in this paragraph, “restrain” has the same meaning as in section 301, subsection 2.

2. It is a defense to a prosecution under this section that the actor is the parent of the other person taken, retained, enticed or restrained. Consent by the person taken, retained or enticed is not a defense to a prosecution under subsection 1, paragraph A.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1979, c. 512, § 25; 1987, c. 150; 1995, c. 689, § 1; 2001, c. 383, § 27, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 303

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 13. Kidnapping and Criminal Restraint (Refs & Annos)

§ 303. Criminal restraint by parent

1. A person is guilty of criminal restraint by a parent if, being the parent of a child and knowing the person has no legal right to do so, the person takes, retains or entices the child:

A. Who has not in fact attained 16 years of age, from the custody of the child's other parent, guardian or other lawful custodian with the intent to remove the child from the State or to secrete the child and hold the child in a place where the child is not likely to be found. Violation of this paragraph is a Class C crime;

B. Who resides in another state and who has not in fact attained 16 years of age, from the custody of the child's other parent, guardian or other lawful custodian, whose custodial authority was established by a court of this State, with the intent to remove the child from that state or to secrete the child and hold the child in a place where the child is not likely to be found. Violation of this paragraph is a Class C crime; or

C. Who is either 16 or 17 years of age, from the custody of the Department of Corrections or the Department of Health and Human Services with the intent to remove the child from the State or to secrete the child and hold the child in a place where the child is not likely to be found. Violation of this paragraph is a Class D crime.

2. Consent by the child taken, enticed or retained is not a defense under this section.

3. A law enforcement officer may not be held liable for taking physical custody of a child who the officer reasonably believes has been taken, retained or enticed in violation of this section and for delivering the child to a person who the officer reasonably believes is the child's lawful custodian or to any other suitable person.

For purposes of this subsection, “reasonable belief a child has been taken, retained or enticed in violation of this section” includes, but is not limited to, a determination by a law enforcement officer, based on the officer's review of the terms of a certified copy of the most recent court decree granting custody of the child, that the parent who is exercising control over the child is not the person authorized to have custody under terms of the decree.

4. A law enforcement officer may arrest without a warrant any person who the officer has probable cause to believe has violated or is violating this section.

5. Deleted. Laws 2007, c. 96, § 7.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1979, c. 512, § 26; 1981, c. 669, §§ 1 to 3; 2007, c. 96, § 7.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. Pt. 2, Ch. 15, Refs & Annos

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 351

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 351. Consolidation

Conduct denominated theft in this chapter constitutes a single crime embracing the separate crimes such as those heretofore known as larceny, larceny by trick, larceny by bailee, embezzlement, false pretenses, extortion, blackmail, shoplifting and receiving stolen property. An accusation of theft may be proved by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint, information or indictment, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. If the evidence is sufficient to permit a finding of guilt of theft in more than one manner, no election among those manners is required.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1981, c. 317, § 7; 2007, c. 475, § 11.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 352

Effective: August 23, 2006

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 352. Definitions

As used in this chapter, unless a different meaning is plainly required by the context:

1. “Property” means anything of value, including but not limited to:

A. Real estate and things growing thereon, affixed to or found thereon;

B. Tangible and intangible personal property;

C. Captured or domestic animals, birds or fishes;

D. Written instruments, including credit cards, or other writings representing or embodying rights concerning real or personal property, labor, services or otherwise containing anything of value to the owner;

E. Commodities of a public utility nature such as telecommunications, gas, electricity, steam or water; and

F. Trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by the owner.

2. “Obtain” means:

A. In relation to property, to bring about, in or out of this State, a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another;

B. In relation to labor or services, to secure performance of labor or services; and

C. In relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.

3. “Intent to deprive” means to have the conscious object:

A. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or the use and benefit of the property, would be lost; or

B. To restore the property only upon payment of a reward or other compensation; or

C. To use or dispose of the property under circumstances that make it unlikely that the owner will recover it or that manifest an indifference as to whether the owner will recover it.

4. “Property of another” includes property in which any person or government other than the actor has an interest that the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

5. The meaning of “value” must be determined according to the following.

A. Except as otherwise provided in this subsection, value means the market value of the property or services at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime.

B. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft or promissory note, is deemed the amount due or collectible on the instrument, and, in the case of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation, is deemed the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

C. The value of a trade secret that does not have a readily ascertainable market value is deemed any reasonable value representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret.

D. If the value of property or services cannot be ascertained beyond a reasonable doubt pursuant to the standards set forth in paragraphs A to C, the trier of fact may find the value to be not less than a certain amount, and if no such minimum value can be thus ascertained, the value is deemed to be an amount less than $500.

E. Amounts of value involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated to charge a single theft of appropriate class or grade. Subject to the requirement that the conduct of the defense may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregated count be considered as separate thefts. An aggregated count of theft may not be deemed duplicitous because of such an order and an election may not be required. Prosecution may be brought in any venue in which one of the thefts that have been aggregated was committed.

F. The actor's culpability as to value is not an essential requisite of liability, unless otherwise expressly provided.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, §§ 52 to 54, eff. May 1, 1976; 1977, c. 510, § 46; 1981, c. 317, § 8; 1995, c. 224, § 2; 2001, c. 383, §§ 28 to 32, eff; Jan. 31, 2003; 2001, c. 389, § 2; 2005, c. 199, § 3; 2005, c. 527, § 6.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 353

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 353. Theft by unauthorized taking or transfer

1. A person is guilty of theft if:

A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime;

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime; or

C. The person knowingly operates an audiovisual or audio recording function of any device in a motion picture theater while a motion picture is being exhibited for the purpose of making a copy of the motion picture, without the written consent of the motion picture theater owner. Violation of this paragraph is a Class D crime.

2. As used in this section, “exercises unauthorized control” includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2001, c. 383, § 33, eff. Jan. 31, 2003; 2001, c. 667, § D-3, eff. Jan. 31, 2003; 2005, c. 199, § 4; 2007, c. 476, § 10.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 353-A

Effective: August 30, 2012

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 353-A. Theft by unauthorized taking or transfer at a casino or slot machine facility

1. A person is guilty of theft at a casino or slot machine facility if:

A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property at or from a casino or slot machine facility as defined by Title 8, section 1001, subsections 5-A and 41. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions in this State for any combination of the offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the offenses listed in this subparagraph in another jurisdiction. The offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

2. As used in this section, “exercises unauthorized control” includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement.

CREDIT(S)

2011, c. 585, § 14.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 354

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 354. Theft by deception

1. A person is guilty of theft if:

A. The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

2. For purposes of this section, deception occurs when a person intentionally:

A. Creates or reinforces an impression that is false and that the person does not believe to be true, including false impressions as to identity, law, value, knowledge, opinion, intention or other state of mind; except that an intention not to perform a promise, or knowledge that a promise will not be performed, may not be inferred from the fact alone that the promise was not performed;

B. Fails to correct an impression that is false and that the person does not believe to be true and that:

(1) The person had previously created or reinforced; or

(2) The person knows to be influencing another whose property is involved and to whom the person stands in a fiduciary or confidential relationship;

C. Prevents another from acquiring information that is relevant to the disposition of the property involved; or

D. Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property that the person transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.

3. It is not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 510, § 47; 1999, c. 455, § 1; 2001, c. 383, § 34, eff. Jan. 31, 2003; 2001, c. 667, § D-4, eff. Jan. 31, 2003; 2007, c. 476, § 11.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 354-A

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 354-A. Insurance deception

1. A person is guilty of theft if:

A. The person obtains or exercises control over property of another as a result of insurance deception and with an intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

2. For purposes of this section, insurance deception occurs when a person intentionally makes a misrepresentation or written false statement that the person does not believe to be true relating to a material fact to any person engaged in the business of insurance concerning any of the following:

A. An application for the issuance or renewal of an insurance policy;

B. The rating of an insurance policy;

C. Payment made in accordance with an insurance policy;

D. A claim for payment or benefit pursuant to an insurance policy; or

E. Premiums paid on an insurance policy.

3. It is not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.

CREDIT(S)

1997, c. 779, § 1; 2001, c. 383, §§ 35, 36, eff. Jan. 31, 2003; 2001, c. 667, § D-5, eff. Jan. 31, 2003; 2007, c. 476, § 12.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 355

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 355. Theft by extortion

1. A person is guilty of theft if the person obtains or exercises control over the property of another as a result of extortion and with intent to deprive the other person of the property.

2. As used in this section, extortion occurs when a person threatens to:

A. Cause physical harm in the future to the person threatened or to any other person or to property at any time; or

B. Do any other act that would not in itself substantially benefit the person but that would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.

3. Violation of this section is a Class C crime.

CREDIT(S)

1975, c. 499, § 1, eff. May 1, 1976; 2001, c. 383, §§ 37 to 39, eff. Jan. 31, 2003.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 356

Effective:[See Text Amendments]

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 356. Repealed. Laws 2001, c. 383, § 40, eff. Jan. 31, 2003

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 356-A

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 15. Theft (Refs & Annos)

§ 356-A. Theft of lost, mislaid or mistakenly delivered property

1. A person is guilty of theft if:

A. The person obtains or exercises control over the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property and, with the intent to deprive the owner of the property at any time subsequent to acquiring it, the person fails to take reasonable measures to return it. Violation of this paragraph is a Class E crime; or

B. The person violates paragraph A and:

(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;

(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or

(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

CREDIT(S)

2001, c. 383, § 41, eff. Jan. 31, 2003; 2001, c. 667, § D-6, eff. Jan. 31, 2003; 2007, c. 476, § 13.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

17-A M.R.S.A. § 357

Effective: June 30, 2008

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code