An Act to Establish a Minimum Age at Which a Juvenile May Be
Maine Legislature, Session 132, LD 1849
Committee: Criminal Justice and Public Safety
Sponsors: SALISBURY
Amends: 12 MRSA §6004, 12 MRSA §8004, 12 MRSA §10608, 12 MRSA §10701, 15 MRSA §1004, 15 MRSA §3003, 15 MRSA §3103, 15 MRSA §3105-A, 15 MRSA §3201, 15 MRSA §3206, 15 MRSA §3301, 15 MRSA §3308-C, 15 MRSA §3310, 15 MRSA §3314, 15 MRSA §3314-A, 17 MRSA §2872, 17-A MRSA §10-A, 28-A MRSA §2052, 29-A MRSA §115, 29-A MRSA §2401, 29-A MRSA §2411, 34-A MRSA §1001, 34-A MRSA §3802

Legislative Document
No. 1849
H.P. 1233
House of Representatives, April 30, 2025
An Act to Establish a Minimum Age at Which a Juvenile May Be 
Adjudicated
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SALISBURY of Westbrook.
Cosponsored by Representatives: BRENNAN of Portland, NUTTING of Oakland, SINCLAIR 
of Bath.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6004, as amended by PL 2021, c. 330, §1, is repealed.
Sec. 2.  12 MRSA §8004, as amended by PL 2021, c. 330, §2, is repealed.
Sec. 3.  12 MRSA §10608, as amended by PL 2021, c. 330, §3, is repealed.
Sec. 4.  12 MRSA §10701, sub-§3, as amended by PL 2011, c. 657, Pt. AA, §55, 
is further amended by amending the 4th blocked paragraph to read:
References in this Title to this subsection are deemed to refer include reference to the 
juvenile crime stated in Title 15, section 3103, subsection 1, paragraph E A for conduct 
that, if committed by an adult, would be defined as criminal under this section and to the 
disposition, including a suspension, for that juvenile crime as provided in Title 15, section 
3314, subsection 3, except as otherwise provided or when the context clearly requires 
otherwise.
Sec. 5.  15 MRSA §1004, as amended by PL 2019, c. 113, Pt. C, §31, is further 
amended to read:
§1004.  Applicability and exclusions
This chapter applies to the setting of bail for a defendant in a criminal proceeding, 
including the setting of bail for an alleged contemnor in a plenary contempt proceeding 
involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66.  It does 
not apply to the setting of bail in extradition proceedings under sections 201 to 229, post-
conviction review proceedings under sections 2121 to 2132, probation revocation 
proceedings under Title 17‑A, sections 1809 to 1814, supervised release revocation 
proceedings under Title 17‑A, section 1883 or administrative release revocation 
proceedings under Title 17‑A, sections 1851 to 1857, except to the extent and under the 
conditions stated in those sections.  This chapter applies to the setting of bail for an alleged 
contemnor in a summary contempt proceeding involving a punitive sanction under the 
Maine Rules of Civil Procedure, Rule 66 and to the setting of bail relative to a material 
witness only as specified in sections 1103 and 1104, respectively.  This chapter does not 
apply to a person arrested for a juvenile crime as defined in section 3103 or a person under 
years of age who is arrested for a crime defined under Title 12 or Title 29‑A that is not 
a juvenile crime as defined in section 3103.
Sec. 6.  15 MRSA §3003, sub-§14, as amended by PL 2023, c. 136, §1, is repealed 
and the following enacted in its place:
14.  Juvenile.  "Juvenile" means:
A. A person who had attained 11 years of age but had not attained 18 years of age at 
the time the person allegedly committed any juvenile crime other than a crime 
described in paragraph B; or
B. A person who had not attained 18 years of age at the time the person allegedly 
committed murder as provided in Title 17-A, section 201; felony murder as provided 
in Title 17-A, section 202; or manslaughter as provided in Title 17-A, section 203; or 
such a person had allegedly made a criminal attempt of any of those crimes as provided 
in Title 17-A, section 152.
Sec. 7.  15 MRSA §3103, sub-§1, as amended by PL 2017, c. 1, §19 and amended 
by PL 2021, c. 669, §5, is further amended to read:
1.  Definition.  The term "juvenile crime," as used in this Part, means the following 
offenses:
A.  Conduct that, if committed by an adult, would be defined as criminal by Title 17‑A, 
the Maine Criminal Code, or by any other criminal statute outside that code, including 
any rule or regulation under a statute, except for those provisions of Titles 12 and 29‑A 
not specifically included in paragraphs E and F;
B.  Offenses involving illegal drugs or drug paraphernalia as follows:
(1)  The possession of a useable amount of cannabis, as provided in Title 22, 
section 2383, subsection 1‑A, unless the juvenile is authorized to possess cannabis 
for medical use pursuant to Title 22, chapter 558‑C;
(2)  The use or possession of drug paraphernalia as provided in Title 17‑A, section 
1111‑A, subsection 4‑B; and
(3)  Illegal transportation of drugs by a minor as provided in Title 22, section 2389, 
subsection 2;
C.  Offenses involving intoxicating liquor, as provided in Title 28‑A, sections 2051 and 
2052 and offenses involving refusal to provide proper identification as provided in Title 
28‑A, section 2087; and
E.  Offenses involving hunting or the operation or attempted operation of a watercraft, 
ATV or snowmobile while under the influence of intoxicating liquor or drugs, as 
defined in Title 12, section 10701, subsection 1‑A, and offenses involving failing to 
aid an injured person or to report a hunting accident as defined in Title 12, section 
11223;
F.  The criminal violation of operating a motor vehicle under the influence of 
intoxicating liquor or drugs or with an excessive alcohol level, as defined in Title 29‑A, 
section 2411, and offenses defined in Title 29‑A as Class B or C crimes;
G.  A violation of section 393, subsection 1, paragraph C or section 393, subsection 
1‑A; and.
H.  If a juvenile has been convicted of a crime for a violation of a provision of Title 12 
or 29‑A not specifically included in paragraph E or F, willful refusal to pay a resulting 
fine or willful violation of the terms of a resulting administrative release or willful 
failure to comply with the terms of any other resulting court order.
Sec. 8.  15 MRSA §3105-A, sub-§2, ¶C, as amended by PL 2009, c. 93, §3, is 
further amended to read:
C.  A prosecution for conduct specified in section 3103, subsection 1, paragraph B, or 
C, E, F or H must be commenced within one year after it is committed.
Sec. 9.  15 MRSA §3201, sub-§1, as amended by PL 2009, c. 93, §4, is further 
amended to read:
1.  Warrantless arrests.  Arrests without warrants of juveniles for juvenile crimes 
defined by section 3103, subsection 1, paragraphs A, E, F, and G and H by law enforcement 
officers or private persons must be made pursuant to the provisions of Title 17‑A, sections 
and 16. For purposes of this section, a juvenile crime defined under section 3103, 
subsection 1, paragraph H is deemed a Class D or Class E crime.  A law enforcement officer 
or private person may not arrest a juvenile for a juvenile crime defined by section 3103, 
subsection 1, paragraph B or C.
Sec. 10.  15 MRSA §3206, as amended by PL 2013, c. 424, Pt. B, §4, is repealed.
Sec. 11.  15 MRSA §3301, sub-§7, as amended by PL 2019, c. 525, §13, is repealed.
Sec. 12.  15 MRSA §3308-C, sub-§8, as enacted by PL 2021, c. 365, §19 and 
affected by §37, is amended to read:
8.  Records to Secretary of State.  Whenever a juvenile has been adjudicated as having 
committed a juvenile crime involving the operation of a motor vehicle, or when the Juvenile 
Court has ordered a disposition pursuant to section 3314, subsection 3, 3‑A, or 3‑B or 3-C 
that includes suspension of the juvenile's right to operate a motor vehicle, the court shall 
transmit to the Secretary of State an abstract, duly certified, setting forth the name of the 
juvenile, the offense, the date of the offense, the date of the adjudicatory hearing and any 
other pertinent facts.  These juvenile case records are admissible in evidence in hearings 
conducted by the Secretary of State or any of the Secretary of State's deputies and are open 
to public inspection.
Nothing in this This Part may not be construed to limit the authority of the Secretary of 
State, pursuant to Title 29‑A, to suspend a person's driver's license or permit to operate a 
motor vehicle, right to operate a motor vehicle or right to apply for or obtain a driver's 
license.
Sec. 13.  15 MRSA §3310, sub-§4, as amended by PL 2009, c. 93, §10, is further 
amended to read:
4.  Standard of proof.  If the court finds that the elements of the juvenile crime as 
defined in section 3103, subsection 1, paragraph A, E, F, or G or H are not supported by 
evidence beyond a reasonable doubt or that the elements of a juvenile crime as defined in 
section 3103, subsection 1, paragraph B or C are not supported by a preponderance of the 
evidence, the court shall order the petition dismissed and the juvenile discharged from any 
detention or restriction previously ordered. The juvenile's parents, guardian or other legal 
custodian must also be discharged from any restriction or other temporary order.
Sec. 14.  15 MRSA §3310, sub-§5, ¶A, as amended by PL 2009, c. 93, §11, is 
further amended to read:
A.  If the court finds that the allegations of the petition alleging a juvenile crime as 
defined in section 3103, subsection 1, paragraph A, E, F, or G or H are supported by 
evidence beyond a reasonable doubt or that the allegations of a petition alleging a 
juvenile crime as defined in section 3103, subsection 1, paragraph B or C are supported 
by a preponderance of the evidence, the court shall adjudge that the juvenile committed 
a juvenile crime and shall, in all such adjudications, issue an order of adjudication.
Sec. 15.  15 MRSA §3314, sub-§1, ¶G, as amended by PL 2019, c. 113, Pt. C, §47, 
is further amended to read:
G.  Except for a violation of section 3103, subsection 1, paragraph H, the The court 
may impose a fine, subject to Title 17‑A, sections 1701 to 1711, except that there is no 
mandatory minimum fine amount. For the purpose of this section, juvenile offenses 
defined in section 3103, subsection 1, paragraphs B and C are subject to a fine of up to 
$1,000.
Sec. 16.  15 MRSA §3314, sub-§3, as amended by PL 1995, c. 65, Pt. A, §48 and 
affected by §153 and Pt. C, §15, is repealed.
Sec. 17.  15 MRSA §3314, sub-§3-C is enacted to read:
3-C.  Juvenile's license suspension for motor vehicle offenses.  For any adjudication 
under Title 29-A, the juvenile's license or permit to operate a motor vehicle, right to operate 
a motor vehicle or right to apply for or obtain a license must be suspended by the court as 
provided by Title 29-A, chapter 23.
Sec. 18.  15 MRSA §3314-A, as amended by PL 2019, c. 113, Pt. C, §51, is further 
amended to read:
§3314-A.  Period of probation; modification and discharge
The period of probation of a juvenile, its modification and discharge, is as provided by 
Title 17‑A, section 1804, except that the period of probation of a juvenile convicted 
adjudicated of a juvenile crime as defined by section 3103, subsection 1, paragraph B, or 
C or E may not exceed one year.  The period of probation may extend beyond the juvenile's 
21st birthday.
Sec. 19.  17 MRSA §2872, as amended by PL 1995, c. 65, Pt. A, §54 and affected 
by §153 and Pt. C, §15, is further amended to read:
§2872.  Employees transporting minors
No A person may not be employed in any preschool facility in any capacity that 
involves the transporting of minors by means of motor vehicle if the person, within the 
preceding 6-year period prior to commencement of that employment, the person has been 
convicted of a violation of former Title 29, section 1312, subsection 10; section 1312-B or 
1312-C; Title 15, section 3103, subsection 1, paragraph F ; or Title 29‑A, section 2411 
within the preceding 6-year period or the person has been adjudicated for a juvenile crime 
under Title 15, section 3103, subsection 1, paragraph A for conduct that, if committed by 
an adult, would be considered criminal under Title 29-A, section 2411 or any offenses 
defined in Title 29-A as a Class B or C crime.
Sec. 20.  17-A MRSA §10-A, sub-§1, as amended by PL 2007, c. 173, §6, is further 
amended to read:
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 an order of bind-over pursuant to 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.
Sec. 21.  28-A MRSA §2052, sub-§4, as amended by PL 2003, c. 452, Pt. P, §5 
and affected by Pt. X, §2, is further amended to read:
4.  Minor can may not be charged with both illegal transportation and illegal 
possession.  A minor charged with illegal transportation under this section may not be 
charged with illegal possession under section 2051.  A minor who possesses or consumes 
liquor in a motor vehicle under the terms of this section must be charged under this section, 
rather than under section 2051.  This subsection does not preclude charges, when 
appropriate, for a juvenile crime under Title 15, section 3103, subsection 1, paragraph F, 
when appropriate A for conduct that, if committed by an adult, would be considered 
criminal under Title 29-A.
Sec. 22.  29-A MRSA §115, as amended by PL 2021, c. 330, §10, is repealed.
Sec. 23.  29-A MRSA §2401, sub-§9, ¶B, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read:
B.  A violation of Title 15, section 3103, subsection 1, paragraph F A for conduct that, 
if committed by an adult, would be considered criminal under section 2411 or defined 
as Class B or C crimes under this Title;
Sec. 24.  29-A MRSA §2401, sub-§9, ¶F, as enacted by PL 1995, c. 65, Pt. A, 
§114 and affected by §153 and Pt. C, §15, is amended to read:
F.  An adjudication or other determination made under the juvenile laws of this State 
or of another jurisdiction for conduct that, if committed by an adult, would have been 
a conviction included in this subsection, including the conduct under Title 15, section 
3103, subsection 1, paragraph F described in paragraph B.
Sec. 25.  29-A MRSA §2411, sub-§8, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
8.  Juvenile crime.  References in this Title to this section include the juvenile crime 
in Title 15, section 3103, subsection 1, paragraph F A for conduct that, if committed by an 
adult, would be considered criminal under this section, and the disposition, including a 
suspension, for that juvenile crime in Title 15, section 3314, subsection 3 3-C, except as 
otherwise provided or except where the context clearly requires otherwise.
Sec. 26.  34-A MRSA §1001, sub-§11, as amended by PL 2017, c. 148, §6, is 
further amended to read:
11.  Juvenile client.  "Juvenile client" means a juvenile committed to a juvenile 
correctional facility who is either residing at the facility or is on community reintegration 
status, or ordered confined in a juvenile correctional facility pursuant to Title 12, section 
6004, 8004 or 10608; Title 15, section 3314, subsection 1, paragraph H; Title 15, section 
3314, subsection 7; or Title 29‑A, section 115.
Sec. 27.  34-A MRSA §3802, sub-§1, ¶G, as amended by PL 2007, c. 686, §2, is 
repealed.
Sec. 28.  Application. The changes made by this Act have no effect on any charges, 
adjudications or dispositions for conduct committed prior to the effective date of this Act.
SUMMARY
This bill modifies provisions of the Maine Juvenile Code.
The bill changes the definition of "juvenile" to mean a person who had attained 11 
years of age but not 18 years of age at the time the person committed an alleged juvenile 
crime, except that, for the crimes of murder, felony murder and manslaughter and the 
criminal attempt of those crimes, there is no minimum age.
Under current law, the definition of "juvenile crime" limits which crimes established 
under the Maine Revised Statutes, Title 12 and Title 29-A that a juvenile may be charged 
with. Under current law, only specifically named crimes within those Titles are considered 
juvenile crimes. The bill removes the language establishing these limitations so that any 
crime under Title 12 and Title 29-A is considered a juvenile crime if committed by a 
juvenile. The Maine Juvenile Code provides for the disposition following adjudication for 
certain juvenile crimes. The bill adjusts the provisions related to the disposition following 
adjudication for violations of Title 12 and Title 29-A.
The bill also corrects cross-references related to these changes.