Maine Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Maine's Criminal Code does not use the terms felony and misdemeanor; '[e]xcept 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' (§ 4). The more serious classes, unless a different maximum is specified by statute: Class A — maximum 30 years imprisonment and fine up to $50,000; Class B — 10 years and $20,000; Class C — 5 years and $5,000. Murder: imprisonment for life or for any term of years that is not less than 25 (§ 1603).

The lower classes, unless a different maximum is specified by statute: Class D — imprisonment of less than one year and a fine up to $2,000; Class E — 6 months and a fine up to $1,000 (§§ 1604(1), 1704). Civil violations are 'expressly declared not to be criminal offenses' and are enforced in a civil action for a fine, penalty or other sanction or a forfeiture; a law that prohibits conduct but provides no imprisonment penalty is a civil violation (§ 4-B).

Theft by unauthorized taking is a Class E crime as the base offense. More than $500 but not more than $1,000 — Class D. More than $1,000 but not more than $10,000 — Class C (maximum 5 years).More than $10,000 — Class B. Regardless of value, theft is Class B if the property is a firearm or explosive device or the person is armed with a dangerous weapon, and Class C with two or more qualifying prior theft-type convictions.

Maine has a duty to retreat. A person is not justified in using deadly force in self-defense or defense of a third person if the person knows that the person or a third person can, with complete safety, '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' — or can, with complete safety, surrender property to a person asserting a colorable claim of right, or comply with a demand to abstain from an act the person is not obliged to perform. Deadly force is also not justified for a person who provoked the use of unlawful deadly force with intent to cause physical harm.

No duty to retreat in one's own dwelling place unless the person was the initial aggressor (§ 108(2)(C)(3)(a)). A person may use deadly force when the person reasonably believes another has entered or is attempting to enter a dwelling place, or has surreptitiously remained within it, without a license or privilege, and that deadly force is necessary to prevent the infliction of bodily injury on the person or a third person present in the dwelling place (§ 108(2)(B)). A person in possession or control of a dwelling place (or licensed or privileged to be there) may also use deadly force when the person reasonably believes it is necessary to prevent or terminate a criminal trespass by someone who has entered or is attempting to enter (or surreptitiously remained) and is committing or likely to commit some other crime in the dwelling place — but only after first demanding that the trespasser stop and the trespasser fails to immediately comply, unless making the demand would be dangerous (§ 104(3)-(4)). Deadly force is also justified to prevent an attempt to commit arson on premises (§ 104(2)).

No limit: murder or criminal homicide in the first or 2nd degree; and, if the victim had not attained the age of 18 at the time of the crime, incest, unlawful sexual contact, sexual abuse of a minor, rape or gross sexual assault (and, for crimes on or after September 1, 2026 or not already time-barred, aggravated sex trafficking and commercial sexual exploitation of a minor with an under-18 victim) (§ 8(1)). Class A, B or C crimes: within 6 years after the crime is committed. Class D or E crimes: within 3 years (§ 8(2)). Class A, B or C crimes involving unlawful sexual contact or gross sexual assault, and Class A or B aggravated sex trafficking: within 20 years (§ 8(2-A)). The periods do not run while the accused is absent from Maine (extension not more than 5 years) or while a prosecution for the same conduct is pending (§ 8(3)).

Under the Maine Bail Code, a judicial officer 'shall' order pretrial release on personal recognizance or an unsecured appearance bond unless the officer finds that release would not reasonably ensure the defendant's appearance, that the defendant will refrain from new criminal conduct, the integrity of the judicial process, or the safety of others; if so, the officer must impose the least restrictive condition or combination of conditions that will reasonably ensure those goals (§ 1026(2-A), (3)(A)). A financial condition may not exceed what is reasonably necessary for those purposes (§ 1026(3)(B)), and the defendant's financial resources, including ability to afford a financial condition, are a factor (§ 1026(4)(C)(4)). A financial condition may not be imposed when the highest charged crime is Class E, with listed exceptions (including domestic-violence-related crimes, certain sexual offenses under 17-A chapter 11, failure to appear, and release-condition violations) (§ 1026(3)(B-1)). Bail may be set by judicial officers or by bail commissioners appointed by the Chief Judge of the District Court; bail commissioners may not set bail for a defendant charged with murder, may not change bail set by a court, may not set bail for listed domestic-violence offenses, may charge a fee of up to $60, but may not charge it to a defendant unable to pay or refuse to set bail because of inability to pay (§ 1023).

Indigent legal services are provided under the Maine Commission on Public Defense Services (4 M.R.S. chapter 37). The court with jurisdiction over the proceeding determines whether a defendant is financially able to obtain private counsel, using information supplied by the commission's executive director for guidance (§ 1805-A(2)). If the court finds a defendant unable to pay private counsel but able to contribute, it shall order installment payments up to the full cost of representation or a fixed contribution, and no one may be required to pay more than the expenses actually incurred (§ 1805-A(3)). The executive director may verify eligibility at random or when circumstances change and may ask the court to reassess indigency (§ 1805-A(1)).

Sexual abuse of minors: a person who engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age, when the actor is at least 5 years older than the other person, commits a Class D crime; Class C if the actor is at least 10 years older, or knows the person is related within the 2nd degree of consanguinity (§ 254(1)(A), (A-1), (A-2)). It is a defense that the actor reasonably believed the other person is at least 16 years of age (§ 254(2)). A sexual act with a person, not the actor's spouse, who 'has not in fact attained the age of 14 years' is gross sexual assault, a Class A crime (§ 253(1)(B)). Separate provisions cover school employees age 21 or older with enrolled students age 16 or 17 (§ 254(1)(C)-(E)).

Adult-use cannabis is legal for persons 21 or older, who may possess up to 2 1/2 ounces of cannabis, or 2 1/2 ounces of a combination of cannabis and cannabis concentrate of which not more than 10 grams is concentrate, at any one time, and may cultivate up to 6 mature plants and 12 immature plants plus unlimited seedlings (28-B § 1501(1)). Possession by a person under 21 (outside the medical program) is a civil violation: up to 1 1/4 ounces — fine not less than $350 and not more than $600; over 1 1/4 ounces to 2 1/2 ounces — not less than $700 and not more than $1,000; fines may not be suspended (22 § 2383(1-A)). Adult possession over the legal amount: over 2 1/2 ounces to 8 ounces — Class E crime; over 8 to 16 ounces — Class D; over one pound to 20 pounds — Class C; over 20 pounds — Class B (17-A § 1107-A(1)(F)).

Assault is intentionally, knowingly or recklessly causing bodily injury or offensive physical contact to another person. It is a Class D crime (Maine's term for what other states call a misdemeanor), punishable by less than one year in jail and a fine up to $2,000, and the court must impose a fine of at least $300 unless exceptional circumstances justify less. Assault by an adult on a child under 6 that causes bodily injury is a Class C crime (up to 5 years and $5,000). Aggravated assault is Class B (up to 10 years and $20,000) when the injury creates a substantial risk of death or extended convalescence, is caused with a dangerous weapon, or happens under circumstances showing extreme indifference to human life (including strangulation); it is Class A (up to 30 years and $50,000) when it causes serious, permanent disfigurement or loss or substantial impairment of a bodily member or organ.

Maine has no separate battery crime. Its assault statute covers both causing bodily injury and causing 'offensive physical contact,' so an unwanted touching or striking is charged as assault, a Class D crime (less than one year in jail and a fine up to $2,000). Domestic battery is likewise charged as domestic violence assault.

Assault against a family or household member or a dating partner (as defined in Title 19-A, § 4102) is the separate crime of domestic violence assault. It is a Class D crime (less than one year in jail, fine up to $2,000). It becomes a Class C crime (up to 5 years and $5,000) when the person has one or more prior convictions for domestic violence assault or certain other domestic violence offenses (including domestic violence criminal threatening, stalking, violating a protection order, or a bail-condition violation involving a family member or dating partner), or a prior aggravated assault conviction in which the victim was proved to be a family or household member or dating partner. Strangulation (impeding breathing or blood circulation by pressing on the throat or neck) is a listed circumstance for aggravated assault, a Class B crime (up to 10 years).

Maine has no separate shoplifting crime; taking merchandise is charged as theft by unauthorized taking. Low-value theft is a Class E crime, punishable by up to 6 months in jail and a fine up to $1,000 (more than $500 up to $1,000 is Class D). Theft becomes a Class C crime (up to 5 years) regardless of value when the person has 2 or more prior convictions for theft or certain other listed offenses. Under the civil recovery statute, a person who unlawfully takes or tries to take merchandise owes the merchant the retail price if the item is not returned in merchantable condition, plus a civil penalty equal to 3 times the retail price, but not less than $50 or more than $500.

Burglary is entering or surreptitiously remaining in a structure without permission, intending to commit a crime there. The basic offense is a Class C crime (up to 5 years). It is Class B (up to 10 years) if the burglar intentionally or recklessly inflicts bodily injury, is armed with a dangerous weapon other than a firearm, the structure is a dwelling place, or the person has two or more prior qualifying convictions; it is Class A (up to 30 years) if the burglar is armed with a firearm. Robbery is committing or attempting theft while recklessly causing bodily injury or threatening or putting someone in fear of imminent force; that is a Class B crime. Robbery is Class A (up to 30 years and $50,000) when the robber uses physical force, intentionally inflicts or tries to inflict bodily injury, or is armed with a dangerous weapon (or knows an accomplice is).

Vandalism is called criminal mischief in Maine: intentionally, knowingly or recklessly damaging, destroying or tampering with another person's property without reasonable grounds to believe one has the right to do so. Criminal mischief is a Class D crime (less than one year in jail, fine up to $2,000). It becomes aggravated criminal mischief, a Class C crime (up to 5 years and $5,000), when the damage exceeds $2,000 in value, it substantially interrupts a public utility or police/fire service, it recklessly endangers human life, or the damage is caused by fire to property that is not a dwelling. No separate graffiti crime was identified in these sections.

Criminal trespass is entering or staying somewhere knowing you are not licensed or privileged to do so. Entering a dwelling place is a Class D crime (less than one year in jail, fine up to $2,000). Entering a locked or barred structure, entering posted or fenced land, remaining after a lawful order to leave, entering after a lawful order not to enter, or being in a cemetery at night (from half an hour after sunset to half an hour before sunrise, unless allowed) are Class E crimes (up to 6 months and $1,000).

Possessing a small amount of a schedule W drug (Maine's most serious schedule, which includes heroin, cocaine, fentanyl, oxycodone and methamphetamine) is a Class D crime (less than one year in jail, fine up to $2,000), as is possessing a schedule X drug; schedule Y and Z drugs (other than marijuana) are Class E. Possession becomes a Class C crime (up to 5 years) above set amounts, such as more than 200 milligrams of heroin, fentanyl powder, oxycodone or methamphetamine or more than 2 grams of cocaine, or for any amount of those drugs if the person has a prior drug trafficking or furnishing-type conviction. Using drug paraphernalia, or possessing it with intent to use it, is a civil violation (not a crime) with a mandatory $300 fine.

A driver in a crash that injures or kills someone must stop, stay at the scene, give name, address and registration number, and give reasonable help to anyone injured. Failing to do so is a Class D crime (less than one year in jail); it is a Class C crime (up to 5 years) when the driver intentionally, knowingly or recklessly fails to comply and the crash caused serious bodily injury or death. Leaving the scene of a crash that damages an attended vehicle, or failing to stop and notify the owner or leave a note after hitting an unattended vehicle, is a Class E crime (up to 6 months and $1,000).

Maine's version of reckless driving is called driving to endanger: driving a motor vehicle anywhere, with criminal negligence, in a way that endangers people or another's property. It is a Class E crime (up to 6 months in jail and a fine up to $1,000), and the court must suspend the license for not less than 30 days nor more than 180 days. If it causes serious bodily injury to another person it is a Class C crime (up to 5 years), with a license suspension of at least 180 days and up to 2 years.

Harassment is, without reasonable cause, engaging in a course of conduct intended to harass, torment or threaten someone after being told not to by a police officer, a court protective order or certain other officials. It is a Class E crime (up to 6 months), and a Class C crime with two or more prior harassment convictions involving the same victim or family. Stalking is intentionally or knowingly engaging in a course of conduct (2 or more acts, by any action, method, device or means) aimed at a specific person that would make a reasonable person suffer serious inconvenience or emotional distress or fear injury, death, or harm to property or an animal. Stalking is a Class D crime; it becomes Class C with one or more prior stalking convictions or when it targets 2 or more members of an identifiable group, and Class B in certain repeat cases.

Maine calls resisting arrest 'refusing to submit to arrest or detention.' Refusing to stop when a police officer requests or signals, intending to hinder or prevent the officer, is a Class E crime (up to 6 months); using physical force against the officer or creating a substantial risk of bodily injury to the officer is a Class D crime (less than one year). In a vehicle, failing to stop for a uniformed officer is a Class E crime; eluding an officer at a reckless speed in a high-speed chase with blue lights and siren is a Class C crime (up to 5 years), and eluding that causes serious bodily injury to another person is a Class B crime (up to 10 years).

A defendant who has been admitted to bail (before or after conviction) and fails to appear as required commits the crime of failure to appear. It is a Class E crime (up to 6 months in jail and a fine up to $1,000) if the underlying crime was punishable by less than one year, and a Class C crime (up to 5 years and $5,000) if the underlying crime was punishable by one year or more. It is a strict liability crime, but it is an affirmative defense that the failure to appear resulted from just cause.

A motion to revoke probation must be approved by the prosecutor and filed within 3 business days of an arrest; a person held in custody gets an initial appearance within 5 business days, where the court explains the alleged violation and the right to a hearing and to a lawyer (appointed if the person cannot afford one). A judge decides at a hearing where the person may confront and cross-examine witnesses and present evidence. The court may revoke probation if it finds by a preponderance of the evidence that the person committed a new crime or inexcusably failed to comply with a probation condition. On finding a violation, the court may vacate all, part or none of the suspended prison sentence or fine; the remaining suspended portion stays subject to later revocation.

Obstructing government administration is intentionally interfering by force, violence, intimidation or any physical act with a public servant performing an official function; it is a Class D crime (less than one year in jail and a fine up to $2,000). It does not apply to simply refusing to submit to arrest. Tampering with a witness or informant (inducing false testimony or the withholding of testimony, or using force, intimidation or payment to keep a witness from testifying or attending) is a Class C crime (up to 5 years); tampering with a victim is a Class B crime (up to 10 years and $20,000). Tampering with a juror is Class C, or Class B when the case is for murder or a Class A crime.

Perjury is making a false material statement under oath or affirmation in an official proceeding (before a court, legislative, administrative or other government body or official authorized to take evidence under oath) that the person does not believe to be true, or making inconsistent material statements under oath in the same proceeding, one of which is false. Perjury is a Class C crime, punishable by up to 5 years in prison and a fine up to $5,000. It is an affirmative defense that the person retracted the false statement in the same proceeding before it became clear it would be exposed.

Disorderly conduct covers, among other things, intentionally making loud and unreasonable noise (including from consumer fireworks), releasing noxious odors, or fighting in a public place in a way that annoys others; accosting or taunting someone with offensive words or gestures likely to provoke a violent response; continuing loud noise in a private place after a police order to stop; and taunting mourners at a funeral, burial or memorial service. Disorderly conduct is a Class E crime, punishable by up to 6 months in jail and a fine up to $1,000.

Indecent exposure is called indecent conduct in Maine. It is a Class E crime (up to 6 months and $1,000) to knowingly expose one's genitals in a public place under circumstances likely to cause affront or alarm, to engage in a sexual act in a public place, or to expose one's genitals in a private place intending to be seen from a public place or by another person in a way likely to cause affront or alarm. It becomes a Class D crime (less than one year and up to $2,000) when the person has 2 or more prior convictions for indecent conduct or certain other sex offenses. Indecent conduct is not a felony-level (Class A-C) crime under this section.

Maine repealed the crime of engaging in prostitution (selling sex) in 2023 (17-A M.R.S. § 853-A, repealed by P.L. 2023, c. 316). Buying sex remains a crime called engaging a person for prostitution: providing or offering a pecuniary benefit in return for a sexual act or sexual contact. It is a Class E crime (up to 6 months and $1,000), and a Class D crime (less than one year and up to $2,000) if the person has a prior conviction for the same offense within the previous 2 years.

In Maine, gambling is unlawful unless expressly authorized by statute. Licensed slot machine facilities and casinos (slot machines and table games) operate under licenses from the Gambling Control Board, and sports wagering, including facility and mobile sports wagering licenses, is regulated by the state's gambling control director; the state lottery is also authorized. Knowingly advancing or profiting from unlawful gambling, or operating or promoting an online sweepstakes game, is unlawful gambling, a Class D crime (less than one year and up to $2,000), with forfeiture of related income; playing a slot machine under age 21 is also unlawful gambling. Aggravated unlawful gambling, such as bookmaking that takes more than 5 bets totaling more than $500 in a day or receiving more than $1,000 a day in a lottery or other gambling scheme, is a Class B crime (up to 10 years and $20,000).

Embezzlement-type conduct is charged as theft by misapplication of property: obtaining property under an agreement or known legal obligation to pay or deliver it to someone else, then intentionally or recklessly failing to do so and treating it as one's own. The base offense is a Class E crime; it is Class D when the value is more than $500 up to $1,000, Class C (up to 5 years) when more than $1,000 up to $10,000, and Class B (up to 10 years) when more than $10,000. Special lower thresholds apply to payroll processors (Class B over $2,000), and 2 or more prior theft-type convictions make it a Class C crime. A government or financial-institution employee who fails to account on demand or whose accounts show a shortage may be inferred to have dealt with the property as his own.

Identity and credit card misuse is charged as misuse of identification: to obtain confidential information, property or services, intentionally or knowingly presenting or using a stolen, forged, canceled or fraudulently obtained credit or debit card; an account, credit or billing number one is not authorized to use; or another person's legal identification (such as a Social Security number, driver's license or birth certificate) without authorization. Misuse of identification is a Class D crime (less than one year in jail and a fine up to $2,000). Good-faith belief in authorization is an affirmative defense.

Forgery is falsely making, completing, endorsing or altering a written instrument, or knowingly uttering or possessing one, with intent to defraud or deceive. It is a Class D crime, rising to Class C (up to 5 years) when the face value is more than $1,000 but not more than $10,000 or the person has 2 or more prior theft-type convictions, and Class B (up to 10 years) when the face value is more than $10,000. Writing a bad check is negotiating a worthless instrument: intentionally issuing a negotiable instrument knowing it will not be honored. It is a Class E crime, Class D over $500 up to $1,000, Class C over $1,000 up to $10,000 (or with 2 prior theft-type convictions), and Class B over $10,000.

Blackmail is charged as theft by extortion: obtaining control over another person's property through extortion, intending to deprive the owner of it. Extortion means threatening to cause physical harm in the future to a person or property, or to do any other act that would not substantially benefit the person making the threat but would substantially harm someone's health, safety, business, career, finances, reputation or personal relationships. Theft by extortion is a Class C crime, punishable by up to 5 years in prison and a fine up to $5,000.

Maine has a single crime of murder rather than degrees: intentionally or knowingly causing another person's death, causing death by conduct showing depraved indifference to human life, or intentionally or knowingly causing someone to commit suicide by force, duress or deception. Murder is punished by imprisonment for life or for any term of years not less than 25; the court gives special weight to a victim under 6, a pregnant victim, or domestic violence. Felony murder - a death that is a reasonably foreseeable result of committing or fleeing from murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape - is a separate Class A crime (up to 30 years). Maine has no death penalty in its sentencing statute.

Manslaughter is recklessly or with criminal negligence causing another person's death, or an intentional killing committed under extreme anger or extreme fear brought about by adequate provocation; both are Class A crimes (up to 30 years and a $50,000 fine). An employer who knowingly violates a workplace safety standard causing an employee's death commits Class C manslaughter (up to 5 years). Maine has no separate vehicular homicide statute; operating under the influence (OUI) that in fact causes the death of another person is a Class B crime (up to 10 years) under the criminal OUI statute.

Child endangerment is called endangering the welfare of a child. It is generally a Class D crime (less than one year and up to $2,000) and covers recklessly endangering a child's health, safety or welfare by violating a duty of care or protection, knowingly depriving a child in one's care of necessary health care so the child is in danger of serious harm, giving alcohol, tobacco, ammunition or gunpowder to a child under 16, and negligently leaving a loaded firearm where a child under 16 gets it and uses or fires it. It becomes a Class C crime (up to 5 years) when a parent or caretaker recklessly fails to protect a child from further injury after knowing the child was seriously injured by someone else's unlawful force.

Maine has one arson offense rather than degrees: starting, causing or maintaining a fire or explosion on another person's property intending to damage or destroy property there, or on any property (including one's own) to collect insurance or in a way that recklessly endangers any person or another's property. Arson is a Class A crime, punishable by up to 30 years and a $50,000 fine.

Cruelty to animals - intentionally, knowingly or recklessly injuring, torturing, tormenting, abandoning or cruelly beating an animal, poisoning it, or depriving an owned animal of necessary food, medical care or shelter - is generally a Class D crime. It becomes a Class C crime (up to 5 years) with two or more prior animal-cruelty convictions or when an abandoned animal dies. Aggravated cruelty to animals - causing extreme pain, death or torture with depraved indifference to animal life - is a Class C crime with a mandatory fine of $1,000 to $10,000. Every violation carries a fine of at least $500; the court may ban a person convicted of a Class D violation from owning or possessing animals (up to permanently), and must impose at least a 5-year ban for a Class C conviction.

Yes. Unauthorized dissemination of certain private images is intentionally or knowingly sharing, displaying or publishing an image of an identifiable person who is nude or engaged in a sexual act (including an image created or altered to appear so), with intent to harass, torment or threaten, when the person knows or should know the depicted person did not consent and there is no public or newsworthy purpose. It is a Class D crime (less than one year and up to $2,000).

Maine's bullying law is a school-policy statute: it prohibits bullying and cyberbullying in public schools and requires school policies and responses, but it does not create a crime. Electronic harassment can be prosecuted under the general harassment statute, which makes it a Class E crime (up to 6 months) to engage in a course of conduct intended to harass, torment or threaten someone after being told to stop by police or a court order; it rises to Class C with qualifying prior convictions.

Maine has no separate sexting offense for minors. Its child sexual abuse material laws (where 'minor' means a person under 16) make it a crime to possess (Class D) or disseminate (Class C) sexual material of an identifiable minor, but each statute says it is not a violation if the depicted child is 14 or 15 years old and the person possessing or sharing the image is less than 5 years older. The statutes do not otherwise create an exception for teens.

Maine charges sex trafficking as promoting prostitution: sex trafficking is a Class D crime (Class C with two or more prior trafficking convictions), and aggravated sex trafficking - compelling a person into prostitution (by drugs, debt bondage, confiscating ID documents, threats, etc.), or promoting prostitution of a 15-, 16- or 17-year-old or a person with a mental disability - is a Class B crime (up to 10 years); promoting prostitution of a child 14 or younger is a Class A crime (up to 30 years). Labor trafficking is called criminal forced labor (compelling labor or services by withholding drugs or medication, exploiting impairment, threats to health, safety or immigration status, and similar means) and is a Class C crime (up to 5 years); aggravated criminal forced labor, when the victim is under 18, is a Class B crime.

A pedestrian crossing a road anywhere other than in a marked crosswalk must yield to vehicles, may not cross between adjacent intersections with working traffic signals except in a marked crosswalk, may not cross an intersection diagonally unless signs allow it, and may not suddenly step into the path of a vehicle too close to stop. Where a sidewalk is practicable, pedestrians must use it; without sidewalks they must walk facing traffic. Drivers must yield to pedestrians in marked crosswalks when signals are not operating and leave at least 3 feet when passing a pedestrian. Unless the law says otherwise, a violation of the motor vehicle title is a traffic infraction, which is not a crime; the fine is $25 to $500 unless another amount is authorized.

The driver of a vehicle on a public way is in violation if the driver or a passenger in the passenger area drinks alcohol or has an open alcoholic beverage container. Exceptions include containers behind the last upright seat in a vehicle without a trunk, paying passengers in for-hire vehicles other than taxicabs, the living quarters of a motor home or camper, and licensed caterers transporting alcohol. The section sets no separate penalty, so under the general rule for the motor vehicle title it is a traffic infraction (a civil fine of $25 to $500), not a crime.

A person under 21 may not buy, consume (except at home with a parent or guardian present), or possess alcohol, have alcohol on licensed premises, possess a false ID card, or show false or borrowed proof of age to buy alcohol or get into a bar. Each is a civil violation, not a crime: a fine of $200 to $400 for a first offense, $300 to $600 for a second, and a mandatory $600 for a third or later; later fines may not be suspended except as the statute allows (for example, for community service or education). A minor who knowingly transports alcohol in a vehicle under the minor's control commits a separate civil violation (up to $500 for a first offense).

Driving on a public way when one's license is suspended or revoked, after notice of the suspension, is generally a Class E crime (up to 6 months) and is a strict-liability offense. When the suspension was for OUI, there are mandatory minimums that may not be suspended: at least a $600 fine, 7 consecutive days in jail and an extra 1-3 years of suspension for a first offense, with higher minimums (starting at $1,000 and 30 days) for repeat offenses within 10 years. If the only reason for the suspension was an unpaid fine or fee, a dishonored check, failure to show proof of insurance, or unpaid child support, it is a traffic infraction instead.

Driving a motor vehicle on a public way or parking area without ever being licensed, or in violation of a license condition or restriction, is a Class E crime (up to 6 months and $1,000) and a strict-liability offense. A Maine resident who drives on an out-of-state license is guilty of a traffic infraction if a resident for 30 to 90 days and a Class E crime after 90 days; driving on a Maine license that expired within the previous 90 days is a traffic infraction.

Maine law bars carrying a concealed 'bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person,' and displaying such a weapon in a threatening manner; knives used to hunt, fish or trap are excepted. Violating the concealed weapon law is a Class D crime (less than one year and up to $2,000). Maine's former law against possessing or distributing dangerous knives such as switchblades (17-A § 1055) was repealed in 2015.

Consumer fireworks (as federally defined and safety-certified, but not missile-type rockets, helicopters and aerial spinners, sky rockets or bottle rockets) may be sold only by state-licensed sellers 21 or older, and the statute's required customer notice states that Maine law prohibits persons under 21 from purchasing, possessing or using consumer fireworks. They may be used only from 9 a.m. to 10 p.m. (until 12:30 a.m. on July 4, December 31 and the surrounding weekends) and only on one's own property or with the owner's consent; a violation is a civil violation with a $50-$500 fine. Possessing other (non-consumer) fireworks is a civil violation with a fine up to $50 if worth $100 or less, and a Class E crime if worth more. Towns may ban or restrict the sale or use of consumer fireworks by ordinance.

Kidnapping is knowingly restraining someone (substantially restricting their movement by removal, moving them a substantial distance, or confining them for a substantial period) to hold them for ransom, use them as a shield or hostage, injure them, sexually assault them, terrorize them, or help commit another crime, or restraining them in a way that exposes them to risk of serious injury or by hiding them where they are unlikely to be found. It is a Class A crime (up to 30 years and $50,000), reduced to Class B (up to 10 years) if the defendant voluntarily released the victim alive, without serious injury, in a safe place before trial. The lesser crime of criminal restraint (knowingly restraining someone, or taking or enticing a child under 14 or an incompetent person without legal right) is a Class D crime (less than 1 year), and Class C (up to 5 years) when the child is under 8.

Criminal threatening (intentionally or knowingly placing another person in fear of imminent bodily injury) is a Class D crime, punishable by less than 1 year and up to $2,000. Terrorizing (communicating a threat to commit a crime of violence dangerous to human life, consciously disregarding the risk that it will put someone in reasonable fear) is also a Class D crime, but it is Class C (up to 5 years and $5,000) when the threat risks causing the evacuation of a building, place of assembly or public transport facility, or a lockdown. Domestic violence versions of both crimes are separate offenses.

Maine has no separate car-theft grade; stealing a vehicle is charged as theft by unauthorized taking, graded by value: Class E (up to 6 months) for $500 or less, Class D (less than 1 year) for more than $500 up to $1,000, Class C (up to 5 years) for more than $1,000 up to $10,000 or with 2 or more prior theft-type convictions, and Class B (up to 10 years) for more than $10,000 or if the thief was armed. Joyriding is called unauthorized use of property: knowingly taking, operating or controlling a vehicle without the owner's consent, or riding in one knowing it was taken that way, is a Class D crime, and Class C with 2 or more prior theft-type convictions. A repair shop or similar custodian that grossly misuses a customer's vehicle commits the same Class D crime.

Receiving stolen property (receiving, keeping or disposing of another's property knowing it was stolen or believing it probably was, intending to deprive the owner) is a form of theft. It is a Class E crime (up to 6 months and $1,000) for property worth $500 or less; Class D (less than 1 year and $2,000) for more than $500 up to $1,000; Class C (up to 5 years and $5,000) for more than $1,000 up to $10,000 or with 2 or more prior theft-type convictions; and Class B (up to 10 years and $20,000) for more than $10,000, a firearm or explosive device, or if the person was armed with a dangerous weapon.

Organized retail theft is committing 2 or more thefts of retail merchandise (including gift cards and electronics), as a principal or accomplice, as part of a scheme by 2 or more people involving thefts from 2 or more retail stores, for the purpose of selling the stolen merchandise or making fraudulent returns. It is a Class C crime, punishable by up to 5 years and a fine up to $5,000. The individual thefts are otherwise graded by value under the general theft statutes.

Unlawful trafficking (selling or furnishing for value, or possessing with intent to do so) in a scheduled drug is graded by the drug's schedule: Class B (up to 10 years) for schedule W drugs (such as heroin, fentanyl, cocaine and methamphetamine), Class C for schedule X drugs, and Class D for schedule Y and Z drugs; possessing set amounts (for example 14 grams or more of cocaine or methamphetamine, 4 grams or more of heroin or fentanyl powder, or 90 or more narcotic pills) allows an inference of trafficking. Aggravated trafficking is a Class A crime (up to 30 years) for schedule W drugs when it involves a minor, a prior drug felony, a firearm, a school zone, or large quantities such as 112 grams or more of cocaine, 6 grams or more of heroin or fentanyl powder, 100 grams or more of methamphetamine, or 300 or more narcotic pills, or when the drug contributes to a death. Section 1125 sets mandatory minimum prison terms for certain of these offenses, and the court may suspend the driver's license for up to 5 years if a vehicle was used.

Acquiring drugs by deception (obtaining a scheduled drug or a prescription for one through deception) is a Class C crime (up to 5 years and $5,000) for schedule W, X and Y drugs and a Class D crime (less than 1 year and $2,000) for schedule Z drugs. Deception specifically includes doctor shopping: failing, when asked by a prescriber, to disclose every narcotic drug or narcotic prescription received from a different provider in the previous 30 days, and giving a prescriber a false name or address. Prescribers who reasonably suspect deception may report it to police and are immune from liability for good-faith reports.

Injuring someone by impaired driving is charged as aggravated criminal OUI: operating a motor vehicle while under the influence or with a 0.08 alcohol level and in fact causing serious bodily injury to another person is a Class C crime (up to 5 years) with a mandatory, non-suspendable sentence of at least 6 months in jail, a fine of at least $2,100 and a 6-year license suspension. Causing a death, or having a prior Class B or C OUI or OUI-related homicide conviction, makes it a Class B crime (up to 10 years) with the same minimums and a 10-year license suspension. Separately, causing death or serious bodily injury while committing a traffic infraction is a civil violation with a fine up to $5,000 and a license suspension of 14 days to 4 years.

Operating or attempting to operate a watercraft while under the influence of liquor or drugs, with an alcohol level of 0.08 or more (age 21 and older), or with any alcohol at all (under 21) is a Class D crime, punishable by less than 1 year and a fine up to $2,000. A first offense carries a minimum $400 fine and at least 48 unsuspended hours in jail if the alcohol level was 0.15 or more, the operator failed to stop for an officer, or refused a chemical test; a second offense within 6 years requires at least $600 and 7 days, and a third or later at least $1,000 and 30 days. Causing serious bodily injury or death raises the crime to Class C (up to 5 years). Refusing a chemical test is always an aggravating factor at sentencing.

Insurance fraud is charged as theft by insurance deception: obtaining another's property through an intentional misrepresentation or written false statement about a material fact to an insurer concerning an application, rating, payment, claim or premiums. Like other thefts it is graded by value: Class E (up to 6 months) for $500 or less, Class D for more than $500 up to $1,000, Class C (up to 5 years) for more than $1,000 up to $10,000 or with 2 or more prior theft-type convictions, and Class B (up to 10 years) for more than $10,000. It is no defense that the deception was about a matter of no financial significance or that the insurer relied on it unreasonably.

Unemployment fraud (knowingly making a false statement or failing to disclose a material fact to obtain or increase benefits, or soliciting someone else to do so) is treated as theft by deception, graded by the amount obtained (Class E for $500 or less up to Class B for more than $10,000), and each false statement is a separate offense; benefits received through fraud must be repaid or deducted from future benefits. Fraud in other public benefits is likewise charged as theft by deception by value. Knowingly transferring an EBT card, coupon or voucher for SNAP, TANF, general assistance, child care subsidies or WIC without the issuing agency's authorization, or obtaining or possessing one obtained that way, is the Class D crime of misuse of a public benefits instrument.

Bribery in official and political matters (offering or giving any economic benefit to influence a public servant's, party official's or voter's decision, vote or exercise of discretion, or a public servant, party official, candidate or voter soliciting or accepting one or failing to report a bribe offer) is a Class C crime, punishable by up to 5 years and $5,000. It also covers paying for signatures on absentee ballots or referendum petitions. Private (commercial) bribery, such as paying an employee, agent or fiduciary to act against the employer's interests, or bribing a sports participant or official, is a Class D crime (less than 1 year and up to $2,000).

Intentionally attempting in any way to evade or defeat a Maine tax, or its payment, is a Class D crime (less than 1 year and up to $2,000) when the tax is $2,000 or less and a Class C crime (up to 5 years and $5,000) when it is over $2,000; subsequent offenses are treated more seriously. A person required to collect and pay over a tax (such as sales or withholding tax) who intentionally fails to collect, account for or pay it commits a Class D crime.

Maine calls rape gross sexual assault. It is a Class A crime (up to 30 years) when the victim submits because of compulsion (physical force or threat), or when the victim is under 14 (not the actor's spouse); it is Class B (up to 10 years) when the actor drugged the victim, compelled the act by any other threat, or the victim was unconscious, physically unable to resist, or unable to understand the act due to a mental disability; and Class B or C in listed abuse-of-authority situations (for example a parent, a corrections supervisor, a teacher or a therapist). When the victim is under 12, the court must impose a definite prison term with a basic term of at least 20 years, followed by supervised release. Unwanted sexual touching is called unlawful sexual contact, a Class D crime, or Class C if it includes penetration. Sex with a consenting teenager is covered under the age-of-consent page.

A sexual act with a child under 14 is Class A gross sexual assault (up to 30 years), with a basic term of at least 20 years when the child is under 12. Sexual touching of a child under 14 by someone at least 3 years older is unlawful sexual contact: Class C (up to 5 years), Class B (up to 10 years) if the child is under 12 or there is penetration, and Class A if the child is under 12 and there is penetration. Sexual abuse of a minor covers a sexual act with a 14- or 15-year-old by someone at least 5 years older (Class D, or Class C if the actor is at least 10 years older or a close relative), and certain acts by school employees with 16- or 17-year-old students. Gross sexual assault by a parent, stepparent or guardian of a child under 18 is Class B.

Maine calls this child sexual abuse material. Possessing or accessing it is a Class D crime (less than 1 year), Class C (up to 5 years) if the child is under 12 or the person has a prior conviction, and Class B (up to 10 years) if both. Disseminating it, or possessing it with intent to disseminate, is Class C, rising to Class B with a prior conviction or a child under 12 and Class A with both; possessing 100 or more images allows an inference of intent to disseminate. Producing it (sexual exploitation of a minor) is Class B with a mandatory minimum of 5 years, and Class A (mandatory minimum 10 years for a repeat offender) if the child is under 12 or the offender has a prior conviction. The laws also cover AI-generated obscene material depicting minors, and exclude images of a 14- or 15-year-old held by someone less than 5 years older.

Maine's offense is soliciting a child to commit a prohibited act: a person 16 or older who, intending to engage in a sexual act, sexual contact or sexual exploitation with the other person, knowingly solicits by any means (including online) someone the actor knows or believes is under 14, and the actor is at least 3 years older than the age the other person expressed. It is a Class D crime (less than 1 year and up to $2,000), or a Class C crime (up to 5 years and $5,000) if the actor knows or believes the other person is under 12.

Under Maine's Sex Offender Registration and Notification Act of 2013, people convicted of listed sex offenses register by tier: Tier I for 10 years, Tier II for 25 years, and Tier III for life, generally counted from the date the person first registers. Failing to comply with any registration duty is a strict-liability Class D crime for a first offense, Class C for a second and Class B for a third or later offense; it is an affirmative defense that the failure was for just cause.

A person convicted of a crime punishable by one year or more in prison (or a similar federal or out-of-state crime, or any crime proved to involve a firearm or dangerous weapon) may not own, possess or control a firearm unless the person has a permit. Violating this is a Class B crime (up to 10 years and $20,000); possession by people disqualified by certain juvenile adjudications or protection orders is Class C. Five years after being finally discharged from the sentence, a person disqualified by a conviction in subparagraphs (1)-(4) may apply to the Governor's office for a permit to possess a firearm (not a concealed handgun), valid for 4 years.

Hacking is called criminal invasion of computer privacy: intentionally accessing any computer resource knowing one is not authorized to do so, a Class D crime (less than 1 year and up to $2,000). Aggravated criminal invasion of computer privacy (intentionally making an unauthorized copy of a computer program or information, knowingly damaging another's computer resource, or introducing a computer virus) is a Class C crime (up to 5 years and $5,000).

Maine is a one-party consent state. Its wiretap law defines 'intercept' to exclude recording by the sender or receiver of the communication or by a person given prior authority by the sender or receiver, so a participant may record a phone call or in-person conversation, or authorize someone else to. Intercepting a wire or oral communication without that consent, or disclosing or using its contents knowing it was illegally intercepted, is a Class C crime (up to 5 years and $5,000).

Knowingly giving false information to police, a 9-1-1 or emergency communications center to make them believe a crime was committed, or falsely reporting a fire, explosive or emergency to get a response, is false public alarm or report, a Class D crime (less than 1 year and up to $2,000). It becomes aggravated false public alarm or report, a Class C crime (up to 5 years and $5,000), when it causes the evacuation, shutdown or lockdown of a building, school, public square or park, place of assembly or public transportation facility.

Maine has no separate hate crime offense that adds a set penalty; instead, its sentencing law directs that sentences reflect the offender's selection of the victim (or the property) because of race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation, gender identity or homelessness, and any discriminatory motive in a false public alarm. Separately, the Maine Civil Rights Act lets the Attorney General seek court orders against threats, violence or property damage motivated by those characteristics, and knowingly violating such an order or injunction is a Class D crime (less than 1 year and up to $2,000).

Maine's parole statutes apply only to people serving sentences imposed under the law in effect before May 1, 1976, so parole is not available for sentences under the current criminal code. For those remaining parolees, the State Parole Board may revoke parole when a condition is violated, and a parolee who commits a new crime punishable by a year or more serves the new sentence after the first one ends.

Violating a protection from abuse order after having actual notice of it is a Class D crime (less than 1 year and up to $2,000). It is a Class C crime (up to 5 years and $5,000) if the violation of a final protection order involves reckless conduct creating a substantial risk of death or serious bodily injury to the protected person, or an assault on that person, or if the person has 2 or more prior convictions for violating a protection order. Violating only certain property and financial provisions of an order is handled as contempt instead. Police may arrest without a warrant on probable cause.

Maine's juvenile court handles crimes by people under 18 (and at least 11, except for murder and certain serious crimes). There is no automatic adult prosecution; instead, when a juvenile is charged with murder or a Class A, B or C crime, the prosecutor may ask for a bind-over hearing, and the judge must send the case to adult court if there is probable cause and, after weighing the seriousness of the crime, the juvenile's record and characteristics, public safety and available juvenile dispositions, adult prosecution is appropriate. The state carries that burden, except that for murder and certain grave Class A crimes the juvenile must show adult prosecution is not appropriate.

Maine has no state law that provides for the death penalty. The most serious sentence is for murder: life imprisonment or any term of years of at least 25 years. The list of sentences a court may impose (discharge, fines, probation, imprisonment, supervised release and similar options) does not include death.

People with felony convictions in Maine keep the right to vote, including while in prison. Maine's voter qualifications are U.S. citizenship, age 18, a voting residence in the municipality and registration, with no exclusion for a criminal conviction. A person incarcerated in a correctional facility may apply to register in any municipality where he or she previously had a fixed and principal home to which he or she intends to return; the prison town does not become the person's residence unless the person lived there before incarceration.

Because Maine does not take away the right to vote for a crime, there is no voting restoration process. Maine's juror qualifications (U.S. citizenship, age 18, county residence and English ability) also do not exclude people with convictions. Firearms are different: a person convicted of a crime punishable by one year or more (and some others) may not possess a firearm, but five years after being finally discharged from the sentence, a person disqualified by certain convictions may apply to the Office of the Governor for a permit, valid for four years, to possess a firearm; the permit does not allow a concealed handgun and does not cover firearms as defined in 18 U.S.C. 921(a)(3).

Maine has no general 'three strikes' life sentence. Instead, when the State pleads and proves that a person had two or more prior convictions for crimes against the person, sexual assaults, sexual exploitation of minors, kidnapping or criminal restraint, robbery, sex trafficking and related crimes, or certain burglary and officer-assault crimes, a new crime in those groups is sentenced one class higher (for example, Class C, up to 5 years, becomes Class B, up to 10 years); for a Class A crime, the prior record gets special weight instead. Separately, a proven repeat sexual assault offender may be sentenced to any term of years.

Hemp-derived THC products are legal in Maine but age-restricted. A 'potentially intoxicating hemp product' (an ingestible hemp product, including food and drinks, that is not below 0.3% intoxicating cannabinoids or that does not have more than a 10-to-1 ratio of non-intoxicating cannabinoids such as CBD to intoxicating ones) may not be sold to anyone under 21. The listed intoxicating cannabinoids include delta-8, delta-9 and delta-10 THC, hexahydrocannabinol (HHC), THC-O acetates and synthetic THC. These products, other than beverages, salves and topical products, must be in child-resistant, tamper-evident packaging.

Psilocybin and psilocyn are Schedule X drugs under Maine law. Unlawful possession of a Schedule X drug is a Class D crime, punishable by less than one year in jail and a fine of up to $2,000.

Kratom and its main alkaloids (mitragynine and 7-hydroxymitragynine) are not listed in any of Maine's drug schedules (W, X, Y or Z), so possessing kratom is not a scheduled-drug crime under the Maine Criminal Code.

Hemp CBD products are legal in Maine. A food, food additive or food product containing hemp or CBD derived from hemp is misbranded unless its package states that it contains hemp or CBD, gives the CBD content, the hemp source and (for extracts and tinctures) the batch number, and says it has not been tested or evaluated for safety; restaurants and stores serving unpackaged CBD foods must post a sign and keep a directory of the products. A hemp product with at least a 10-to-1 ratio of non-intoxicating cannabinoids (such as CBD) to intoxicating ones and less than 0.3% intoxicating cannabinoids is not a 'potentially intoxicating hemp product,' so the under-21 sales ban does not apply to it.

The minimum age to buy tobacco products in Maine is 21, and 'tobacco products' include electronic smoking devices (e-cigarettes, vapes) and their liquids. Sellers must check photo ID for anyone under 30. A person under 21 who buys or tries to buy tobacco commits a civil violation and may be required to take tobacco education classes, join a diversion program or do community work; using false ID to buy tobacco is a civil violation with a fine of $100 to $300 for a first offense. Employers of clerks who sell to underage buyers face civil fines starting at $300.

Maine's main crime for abusing or neglecting a vulnerable older person is endangering the welfare of a dependent person. A 'dependent person' is someone who relies on others for care because of significant limits in mobility, vision, hearing or mental functioning, or because advanced age or illness keeps them from caring for themselves. Recklessly endangering a dependent person's health, safety or mental welfare is a Class D crime, and doing it intentionally or knowingly is Class C; cutting a dependent person off from visitors, mail or phone calls to gain undue influence over them is Class D if reckless and Class C if intentional or knowing. One stated purpose of Maine's sentencing law is to permit sentences that reflect the victim's advanced age.

Maine's voyeurism crime is called violation of privacy. It covers trespassing to watch or listen to someone in a private place, putting or using a device in a private place (such as a bathroom or dressing room) without consent to watch or record, using a device outside a private place to capture what could not normally be seen or heard, and using equipment in a public place to observe or record parts of someone's body hidden under clothing. It is a Class D crime (less than one year and up to $2,000), including when the victim is under 16. A conviction for the under-clothing offense is a registrable sex offense when the victim was under 18.

Assault on an officer is a Class C crime in Maine (up to 5 years and $5,000). It covers intentionally, knowingly or recklessly causing bodily injury to a law enforcement officer performing official duties, and an assault by a person in custody on a corrections officer or other institution staff member on duty. By comparison, simple assault (causing bodily injury or offensive physical contact) is a Class D crime (less than one year and up to $2,000) with a minimum $300 fine.