reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 9: OFFENSES AGAINST THE PERSON › 17-A §213. Aggravated reckless conduct

§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.
[PL 2001, c. 634, §4 (NEW).]
2.
Aggravated reckless conduct is a Class B crime.
[PL 2001, c. 634, §4 (NEW).]
SECTION HISTORY
PL 2001, c. 634, §4 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §251. Definitions and general provisions

§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.   [PL 1975, c. 499, §1 (NEW).]
B.   [PL 1989, c. 401, Pt. A, §2 (RP).]
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.   [PL 1985, c. 495, §5 (RPR).]
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.   [PL 1985, c. 495, §6 (AMD).]
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.   [PL 1991, c. 457 (AMD).]
E-1. "Consent" means a word or action by a person that indicates a freely given agreement.   [PL 2023, c. 280, §1 (NEW).]
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.   [PL 1997, c. 768, §1 (NEW).]
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.   [PL 2003, c. 138, §1 (NEW).]
[PL 2023, c. 280, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §44 (AMD). PL 1981, c. 252, §1 (AMD). PL 1985, c. 495, §§5,6 (AMD). PL 1989, c. 401, §A2 (AMD). PL 1991, c. 457 (AMD). PL 1997, c. 768, §1 (AMD). PL 2003, c. 138, §1 (AMD). PL 2023, c. 280, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §252. Rape (REPEALED)

§252. Rape
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§45-47 (AMD). PL 1981, c. 252, §2 (AMD). PL 1985, c. 247, §1 (AMD). PL 1985, c. 414, §1 (AMD). PL 1987, c. 255, §1 (AMD). PL 1989, c. 401, §A3 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §254. Sexual abuse of minors

§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;   [PL 2001, c. 383, §21 (AMD); PL 2001, c. 383, §156 (AFF).]
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;   [PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
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;   [PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
B.   [PL 1989, c. 401, Pt. A, §5 (RP).]
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;   [PL 2001, c. 383, §21 (AMD); PL 2001, c. 383, §156 (AFF).]
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   [PL 2011, c. 464, §6 (AMD).]
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.   [PL 2011, c. 464, §7 (AMD).]
F. [PL 2011, c. 464, §8 (RP).]
[PL 2011, c. 464, §§6-8 (AMD).]
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.
[PL 2003, c. 138, §4 (AMD).]
3.
[PL 2001, c. 383, §21 (RP); PL 2001, c. 383, §156 (AFF).]
4.
As used in this section, "related to the actor within the 2nd degree of consanguinity" has the meaning set forth in section 556.
[PL 2001, c. 383, §21 (NEW); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §50 (AMD). PL 1985, c. 495, §§9,10 (AMD). PL 1989, c. 401, §A5 (AMD). PL 1993, c. 451, §1 (AMD). PL 1995, c. 104, §§1-3 (AMD). PL 1997, c. 460, §§2,3 (AMD). PL 2001, c. 383, §21 (AMD). PL 2001, c. 383, §156 (AFF). PL 2003, c. 138, §§2-4 (AMD). PL 2011, c. 464, §§6-8 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §254-A. Written notification not to pursue charges for sexual abuse of a minor

§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.   [PL 2005, c. 328, §14 (AMD).]
SECTION HISTORY
PL 1995, c. 308, §1 (NEW). PL 2005, c. 328, §14 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §255. Unlawful sexual contact (REPEALED)

§255. Unlawful sexual contact
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §51 (AMD). PL 1979, c. 701, §22 (AMD). PL 1983, c. 326, §§5-7 (AMD). PL 1985, c. 247, §3 (AMD). PL 1989, c. 401, §A6 (AMD). PL 1993, c. 451, §2 (AMD). PL 1993, c. 453, §§1-4 (AMD). PL 1993, c. 687, §§4-7 (AMD). PL 1993, c. 717, §1 (AMD). PL 1995, c. 104, §§4-7 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1997, c. 460, §4 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 383, §22 (RP). PL 2001, c. 383, §156 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §256. Visual sexual aggression against child

§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;   [PL 2005, c. 655, §1 (AMD).]
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;   [PL 2005, c. 655, §1 (AMD).]
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   [PL 2007, c. 688, §1 (AMD).]
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.   [PL 2007, c. 688, §1 (AMD).]
[PL 2007, c. 688, §1 (AMD).]
2.
[PL 2003, c. 711, Pt. B, §4 (RP).]
SECTION HISTORY
PL 1995, c. 72, §1 (NEW). PL 2003, c. 711, §B4 (RPR). PL 2005, c. 655, §1 (AMD). PL 2007, c. 688, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §257. Factors aiding in predicting high-risk sex offenders for sentencing purposes (REPEALED)

§257. Factors aiding in predicting high-risk sex offenders for sentencing purposes
(REPEALED)
SECTION HISTORY
PL 1995, c. 429, §2 (NEW). PL 2007, c. 476, §3 (AMD). PL 2021, c. 299, Pt. D, §1 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §258. Sexual misconduct with a child under 14 years of age

§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.
[PL 2003, c. 711, Pt. B, §5 (AMD).]
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.
[PL 2003, c. 711, Pt. B, §6 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §7 (AMD).]
3.
[PL 2003, c. 711, Pt. B, §8 (RP).]
SECTION HISTORY
PL 1997, c. 143, §1 (NEW). PL 2003, c. 711, §§B5-8 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §259. Solicitation of child by computer to commit a prohibited act (REPEALED)

§259. Solicitation of child by computer to commit a prohibited act
(REPEALED)
SECTION HISTORY
PL 1999, c. 349, §3 (NEW). PL 2001, c. 383, §§24,25 (AMD). PL 2001, c. 383, §156 (AFF). PL 2003, c. 711, §§B9-11 (AMD). PL 2011, c. 597, §2 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §259-A. Solicitation of a child to commit a prohibited act

§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   [PL 2011, c. 597, §3 (NEW).]
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.   [PL 2011, c. 597, §3 (NEW).]
[PL 2011, c. 597, §3 (NEW).]
2.
For purposes of this section, "prohibited act" means:
A. A sexual act;   [PL 2011, c. 597, §3 (NEW).]
B. Sexual contact; or   [PL 2011, c. 597, §3 (NEW).]
C. Sexual exploitation of a minor pursuant to section 282.   [PL 2011, c. 597, §3 (NEW).]
[PL 2011, c. 597, §3 (NEW).]
SECTION HISTORY
PL 2011, c. 597, §3 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 11: SEXUAL ASSAULTS › 17-A §259-B. Solicitation of child for commercial sexual exploitation

§259-B. Solicitation of child for commercial sexual exploitation
1.
A person is guilty of soliciting a child for commercial sexual exploitation if the actor knowingly solicits directly or indirectly by any means a person the actor knows or believes is under 18 years of age to engage in an act of prostitution, as defined in section 851.
[PL 2023, c. 316, §3 (AMD).]
2.
Violation of this section is a Class C crime.
[PL 2023, c. 316, §3 (AMD).]
SECTION HISTORY
PL 2017, c. 135, §1 (NEW). PL 2023, c. 316, §3 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 12: SEXUAL EXPLOITATION OF MINORS › 17-A §281. Definitions

§281. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
2.
"Minor" means a person who has not attained 18 years of age.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
4.
"Sexually explicit conduct" means any of the following acts:
A. A sexual act;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
B. Bestiality;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
C. Masturbation;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
D. Sadomasochistic abuse for the purpose of sexual stimulation;   [PL 2003, c. 711, Pt. B, §12 (NEW).]
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   [PL 2003, c. 711, Pt. B, §12 (NEW).]
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.   [PL 2003, c. 711, Pt. B, §12 (NEW).]
[PL 2003, c. 711, Pt. B, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 12: SEXUAL EXPLOITATION OF MINORS › 17-A §283. Dissemination of sexually explicit material

§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 person who has not in fact attained 16 years of age who the person knows or has reason to know is a person under 16 years of age engaging in sexually explicit conduct, except that it is not a violation of this paragraph if the person depicted is 14 or 15 years of age and the person is less than 5 years older than the person depicted. Violation of this paragraph is a Class C crime;   [PL 2015, c. 394, §3 (AMD).]
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;   [PL 2007, c. 476, §6 (AMD).]
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   [PL 2003, c. 711, Pt. B, §12 (NEW).]
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.   [PL 2007, c. 476, §7 (AMD).]
Section 9‑A governs the use of prior convictions when determining a sentence.
[PL 2015, c. 394, §3 (AMD).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2009, c. 608, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW). PL 2007, c. 476, §§6, 7 (AMD). PL 2009, c. 608, §3 (AMD). PL 2015, c. 394, §3 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 12: SEXUAL EXPLOITATION OF MINORS › 17-A §285. Forfeiture of equipment used to facilitate violations

§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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
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.
[PL 2003, c. 711, Pt. B, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 711, §B12 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 13: KIDNAPPING, CRIMINAL RESTRAINT AND CRIMINAL FORCED LABOR › 17-A §302. Criminal restraint

§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   [PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]
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.   [PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]
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.
[PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]
3.
[PL 2001, c. 383, §27 (RP); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1979, c. 512, §25 (RPR). PL 1987, c. 150 (AMD). PL 1995, c. 689, §1 (AMD). PL 2001, c. 383, §27 (RPR). PL 2001, c. 383, §156 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 13: KIDNAPPING, CRIMINAL RESTRAINT AND CRIMINAL FORCED LABOR › 17-A §303. Criminal restraint by parent

§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;   [PL 2007, c. 96, §7 (AMD).]
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   [PL 2007, c. 96, §7 (AMD).]
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.   [PL 2007, c. 96, §7 (NEW).]
[PL 2007, c. 96, §7 (AMD).]
2.
Consent by the child taken, enticed or retained is not a defense under this section.
[PL 2007, c. 96, §7 (AMD).]
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.
[PL 2007, c. 96, §7 (AMD).]
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.
[PL 2007, c. 96, §7 (AMD).]
5.
[PL 2007, c. 96, §7 (RP).]
SECTION HISTORY
PL 1979, c. 512, §26 (NEW). PL 1981, c. 669, §§1-3 (AMD). PL 2007, c. 96, §7 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 13: KIDNAPPING, CRIMINAL RESTRAINT AND CRIMINAL FORCED LABOR › 17-A §305. Aggravated criminal forced labor

§305. Aggravated criminal forced labor
1.
A person is guilty of aggravated criminal forced labor if the actor violates section 304 and the person compelled to provide labor or services having economic value has not in fact attained 18 years of age.
[PL 2017, c. 416, §2 (NEW).]
2.
Aggravated criminal forced labor is a Class B crime.
[PL 2017, c. 416, §2 (NEW).]
3.
It is an affirmative defense to prosecution under this section that the person engaged in aggravated criminal forced labor because the person was compelled to do so as described in section 304, subsection 1.
[PL 2017, c. 416, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 416, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §351. Consolidation

§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.   [PL 2007, c. 475, §11 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 317, §7 (AMD). PL 2007, c. 475, §11 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §353. Theft by unauthorized taking or transfer

§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;   [PL 2005, c. 199, §4 (AMD).]
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   [PL 2007, c. 476, §10 (AMD).]
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.   [PL 2005, c. 199, §4 (NEW).]
[PL 2007, c. 476, §10 (AMD).]
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.
[PL 2001, c. 383, §33 (RPR); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2001, c. 383, §33 (RPR). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D3 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2005, c. 199, §4 (AMD). PL 2007, c. 476, §10 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §353-A. Theft by unauthorized taking or transfer at a casino or slot machine facility (REPEALED)

§353-A. Theft by unauthorized taking or transfer at a casino or slot machine facility
(REPEALED)
SECTION HISTORY
PL 2011, c. 585, §14 (NEW). PL 2013, c. 96, §2 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §354-A. Insurance deception

§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   [PL 2001, c. 383, §35 (NEW); PL 2001, c. 383, §156 (AFF).]
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.   [PL 2007, c. 476, §12 (AMD).]
[PL 2007, c. 476, §12 (AMD).]
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;   [PL 1997, c. 779, §1 (NEW).]
B. The rating of an insurance policy;   [PL 1997, c. 779, §1 (NEW).]
C. Payment made in accordance with an insurance policy;   [PL 1997, c. 779, §1 (NEW).]
D. A claim for payment or benefit pursuant to an insurance policy; or   [PL 1997, c. 779, §1 (NEW).]
E. Premiums paid on an insurance policy.   [PL 1997, c. 779, §1 (NEW).]
[PL 1997, c. 779, §1 (NEW).]
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.
[PL 2001, c. 383, §36 (RPR); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1997, c. 779, §1 (NEW). PL 2001, c. 383, §§35,36 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D5 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §12 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §355. Theft by extortion

§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.
[PL 2001, c. 383, §37 (AMD); PL 2001, c. 383, §156 (AFF).]
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   [PL 1975, c. 499, §1 (NEW).]
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.   [PL 2001, c. 383, §38 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §38 (AMD); PL 2001, c. 383, §156 (AFF).]
3.
Violation of this section is a Class C crime.
[PL 2001, c. 383, §39 (NEW); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2001, c. 383, §§37-39 (AMD). PL 2001, c. 383, §156 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §356. Theft of lost, mislaid or mistakenly delivered property (REPEALED)

§356. Theft of lost, mislaid or mistakenly delivered property
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1981, c. 317, §9 (RPR). PL 1981, c. 529, §1 (RPR). PL 2001, c. 383, §40 (RP). PL 2001, c. 383, §156 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §356-A. Theft of lost, mislaid or mistakenly delivered property

§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   [PL 2001, c. 383, §41 (NEW); PL 2001, c. 383, §156 (AFF).]
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.   [PL 2007, c. 476, §13 (AMD).]
[PL 2007, c. 476, §13 (AMD).]
SECTION HISTORY
PL 2001, c. 383, §41 (NEW). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D6 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §13 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §357-A. Theft of utility services (REPEALED)

§357-A. Theft of utility services
(REPEALED)
SECTION HISTORY
PL 1981, c. 668, §1 (NEW). PL 1993, c. 106, §2 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §359. Receiving stolen property

§359. Receiving stolen property
1.
A person is guilty of theft if:
A. The person receives, retains or disposes of the property of another knowing that it has been stolen, or believing that it has probably been stolen, with the intent to deprive the owner of the property. Violation of this paragraph is a Class E crime; or   [PL 2001, c. 383, §46 (NEW); PL 2001, c. 383, §156 (AFF).]
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.   [PL 2007, c. 476, §17 (AMD).]
[PL 2007, c. 476, §17 (AMD).]
2.
As used in this section, "receives" means acquiring possession, control or title, or lending on the security of the property. For purposes of this section, property is "stolen" if it was obtained or unauthorized control was exercised over it in violation of this chapter.
[PL 1975, c. 740, §55 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §55 (AMD). PL 2001, c. 383, §46 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D10 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §17 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §361. Affirmative defense of claim of right

§361. Affirmative defense of claim of right
It is an affirmative defense to prosecution under this chapter that the defendant acted in good faith under a claim of right to property or services involved, including, in cases of theft of a trade secret, that the defendant rightfully knew the trade secret or that it was available to the defendant from a source other than the owner of the trade secret.   [PL 2001, c. 383, §50 (NEW); PL 2001, c. 383, §156 (AFF).]
1.
[PL 2001, c. 383, §50 (RP); PL 2001, c. 383, §156 (AFF).]
2.
[PL 2001, c. 383, §50 (RP); PL 2001, c. 383, §156 (AFF); PL 2003, c. 1, §1 (RP).]
3.
[PL 2001, c. 383, §50 (RP); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §58 (AMD). PL 1977, c. 671, §25 (AMD). PL 2001, c. 383, §50 (RPR). PL 2001, c. 383, §156 (AFF). PL 2001, c. 426, §1 (AMD). PL 2003, c. 1, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §361-A. Permissible inferences against accused

§361-A. Permissible inferences against accused
1.
Proof that the defendant was in exclusive possession of property that had recently been taken under circumstances constituting a violation of this chapter, section 405 or of chapter 27 gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant is guilty of the theft or robbery of the property, as the case may be, and proof that the theft or robbery occurred under circumstances constituting a violation of section 401 or 405 also gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant in exclusive possession of property recently so taken is guilty of the burglary or burglary of a motor vehicle, as the case may be.
[PL 2001, c. 667, Pt. D, §12 (AMD); PL 2001, c. 667, Pt. D, §36 (AFF).]
2.
Proof that the defendant concealed unpurchased property stored, offered or exposed for sale while the defendant was still on the premises of the place where it was stored, offered or exposed or in a parking lot or public or private way immediately adjacent thereto gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant obtained or exercised unauthorized control over the property with the intent to deprive the owner thereof.
[PL 2001, c. 383, §51 (NEW); PL 2001, c. 383, §156 (AFF).]
3.
Proof that a defendant possessed or controlled property of a person who, by reason of physical illness or mental illness or mental defect, including, but not limited to, dementia and other cognitive impairments, is manifestly unable or known by the defendant to be unable to make a reasonable judgment with respect to the disposition of the property or proof that a defendant obtained possession or control of the property by undue influence gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant obtained or exercised unauthorized control over the property with the intent to deprive the owner of the property. As used in this subsection, "undue influence" has the same meaning as in section 109, subsection 4.
[PL 2013, c. 414, §4 (NEW).]
SECTION HISTORY
PL 2001, c. 383, §51 (NEW). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D12 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2013, c. 414, §4 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §362. Classification of theft offenses (REPEALED)

§362. Classification of theft offenses
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §59 (AMD). PL 1977, c. 510, §§48,49 (AMD). PL 1981, c. 317, §10 (AMD). PL 1985, c. 239, §§1,2 (AMD). PL 1987, c. 12 (AMD). PL 1991, c. 548, §A8 (AMD). PL 1995, c. 224, §§3-5 (AMD). PL 1997, c. 495, §2 (AMD). PL 2001, c. 383, §52 (RP). PL 2001, c. 383, §156 (AFF). PL 2001, c. 389, §§3-5 (AMD). PL 2001, c. 426, §2 (AMD). PL 2003, c. 1, §§2-5 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 2: SUBSTANTIVE OFFENSES › Chapter 15: THEFT › 17-A §363. Organized retail theft

§363. Organized retail theft
1.
A person is guilty of organized retail theft if the person commits 2 or more thefts of retail merchandise under this chapter, either as a principal or an accomplice, pursuant to a scheme or course of conduct engaged in by 2 or more persons involving thefts from 2 or more retail stores for the purpose of selling the stolen merchandise or conducting fraudulent returns of the stolen merchandise. Violation of this section is a Class C crime.
[PL 2015, c. 85, §2 (NEW).]
SECTION HISTORY
PL 2015, c. 85, §2 (NEW).