Title 17-A, Title 17-A

1. The court shall not instruct the jury to consider, nor shall the court as factfinder consider, a lesser included offense, as defined in subsection 2, unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense.…

A defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses were known to the appropriate prosecuting officer at the time of the commencement of the first trial and were within the…

1. Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant: A. Any person who the officer has probable cause to believe has committed or is committing: (1) Murder; (2) Any Class A, Class B or Class C crime; (3) Assault while hunting; (4) …

1. A law enforcement officer who has probable cause to believe a crime has been or is being committed by a person may issue or have delivered a written summons to that person directing that person to appear in the appropriate trial court to answer the allegation that the person h…

Except as otherwise specifically provided, a private person has the authority to arrest without a warrant: [PL 2007, c. 173, §7 (AMD).] 1. Any person who the private person has probable cause to believe has committed or is committing: A. Murder; or [PL 1977, c. 510, §25 (RPR).] B…

1. A law enforcement officer who has probable cause to believe that a civil violation has been committed by a person must issue or have delivered a written summons to that person directing the person to appear in the District Court to answer the allegation that the person has com…

A person who lacks a home who commits a listed offense because the person lacks a home must be treated in accordance with the homelessness crisis protocol adopted by the responding law enforcement agency under subsection 2. [PL 2021, c. 393, §1 (NEW).] 1. Definitions. As used in …

A person who poses as a minor is deemed a minor for the purposes of a crime under chapter 11, 12 or 35 that has as an element or aggravating factor that the victim or person other than the actor is a minor.

1. For purposes of this section, "eligible Class E crime" means any Class E crime, except a Class E crime: A. In Title 21‑A; or [PL 2025, c. 496, §1 (NEW); PL 2025, c. 496, §3 (AFF).] B. For which the defendant, if convicted, would be eligible for probation or subject to a mandat…

As used in this code, unless a different meaning is plainly required, the following words and variants thereof have the following meanings. [PL 1975, c. 499, §1 (NEW).] 1. "Act" or "action" means a voluntary bodily movement. 2. "Acted" includes, where appropriate, possessed or om…

1. No conduct constitutes a crime unless it is prohibited A. By this code; or [PL 1975, c. 499, §1 (NEW).] B. By any statute or private act outside this code, including any rule, regulation or ordinance authorized by and lawfully adopted under a statute. [PL 1977, c. 510, §13 (AM…

1. Except for murder, all crimes defined by this Code are classified for purposes of sentencing as Class A, Class B, Class C, Class D and Class E crimes. 2. 3.

1. Except as provided in section 1, subsection 2, this section becomes effective October 24, 1977. 2. 2-A. A statute outside this code may be expressly designated as a Class A, Class B, Class C, Class D or Class E crime, in which case sentencing for violation of such a statute is…

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

1. The provisions of Parts 1, 6 and 7 and chapter 7 are applicable to crimes defined outside this code, unless the context of the statute defining the crime clearly requires otherwise. 2. 3.

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

1. It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, except that the following prosecutions may be commenced at any time: A. A prosecution for murder or criminal homicide in the first or 2nd degre…

Notwithstanding any other provision of law: [PL 1975, c. 499, §1 (NEW).] 1. All proceedings for Class A, B and C crimes must be prosecuted by indictment, unless indictment is waived, in which case prosecution must be as the Supreme Judicial Court provides by rule; 2. All proceedi…

1. Except as otherwise provided by law, a prior conviction must be specially alleged if the sentencing provision of a crime requires that a present sentence be enhanced because the person has been previously convicted of a specified crime. For the purpose of this section, a sente…

A person may not be convicted of a crime unless each element of the crime is proved by the State beyond a reasonable doubt. "Element of the crime" means the forbidden conduct; the attendant circumstances specified in the definition of the crime; the intention, knowledge, reckless…

1. Unless otherwise provided, when causing a result is an element of a crime, causation may be found when the result would not have occurred but for the conduct of the defendant, operating either alone or concurrently with another cause. 2. In cases in which concurrent causation …

1. A person is not guilty of a crime unless that person acted intentionally, knowingly, recklessly or negligently, as the law defining the crime specifies, with respect to each other element of the crime, except as provided in subsection 4. When the state of mind required to esta…

1. "Intentionally." A. A person acts intentionally with respect to a result of the person's conduct when it is the person's conscious object to cause such a result. [PL 2007, c. 173, §8 (AMD).] B. A person acts intentionally with respect to attendant circumstances when the person…

1. Evidence of ignorance or mistake as to a matter of fact or law may raise a reasonable doubt as to the existence of a required culpable state of mind. 2. Ignorance or mistake as to a matter of fact or law is a defense only if the law provides that the state of mind established …

1. Except as provided in subsection 2, evidence of intoxication may raise a reasonable doubt as to the existence of a required culpable state of mind. 2. When recklessness establishes an element of the offense, if a person, due to self-induced intoxication, is unaware of a risk o…

Evidence of an abnormal condition of the mind may raise a reasonable doubt as to the existence of a required culpable state of mind. [PL 1981, c. 324, §14 (NEW).] An actor does not suffer from an abnormal condition of the mind based solely on the discovery of, knowledge about or …

1. A defendant is not criminally responsible by reason of insanity if, at the time of the criminal conduct, as a result of mental disease or defect, the defendant lacked substantial capacity to appreciate the wrongfulness of the criminal conduct. 2. As used in this section, "ment…

1. When the defendant enters a plea of not guilty together with a plea of not criminally responsible by reason of insanity, the defendant shall also elect whether the trial must be in 2 stages as provided for in this section, or a unitary trial in which both the issues of guilt a…

1. A person may be guilty of a crime if it is committed by the conduct of another person for which the person is legally accountable as provided in this section. 2. A person is legally accountable for the conduct of another person when: A. Acting with the intention, knowledge, re…

1. An organization is guilty of a crime when: A. It omits to discharge a specific duty of affirmative performance imposed on it by law, and the omission is prohibited by this code or by a statute defining a criminal offense outside of this code; or [PL 1975, c. 499, §1 (NEW).] B.…

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

1. The State is not required to negate any facts expressly designated as a "defense," or any exception, exclusion or authorization that is set out in the statute defining the crime by proof at trial, unless the existence of the defense, exception, exclusion or authorization is in…

1. Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants i…

1. It is a defense if the person engaged in the conduct charged to constitute a crime in obedience to an order of the person's superior in the armed services that the person did not know to be unlawful. 2. If the person was reckless in failing to know the unlawful nature of such …

1. Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the s…

1. It is a defense that, when a person engages in conduct that would otherwise constitute a crime, the person is compelled to do so by threat of imminent death or serious bodily injury to that person or another person or because that person was compelled to do so by force. 2. For…

1. It is a defense that, when a person causes a result or engages in forbidden conduct, the person's act or omission to act is involuntary. 2. An omission to act is involuntary if the person fails to perform an act and: A. The person is not capable of performing the act; [PL 1999…

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

A person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person's property, or criminal mischief, or t…

1. A parent, foster parent, guardian or other similar person responsible for the long term general care and welfare of a child is justified in using a reasonable degree of force against that child when and to the extent that the person reasonably believes it necessary to prevent …

1. A law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person: A. When and to the extent that the officer reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person, unless the o…

1. A corrections officer, corrections supervisor, transport officer, law enforcement officer or another individual responsible for the custody, care, treatment or transport of persons in custody pursuant to an order of a court or as a result of arrest is justified in using a reas…

1. A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a d…

1. It is a defense that, when a defendant engages in conduct which would otherwise constitute a crime against the person or property of another, such other consented to the conduct and an element of the crime is negated as a result of such consent. 2. When conduct is a crime beca…

A person otherwise justified in threatening to use deadly force against another is not justified in doing so with the use of a firearm or other dangerous weapon if the person knows or should know that the other person is a law enforcement officer, transport officer, corrections o…

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