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| Home > Statutes > Usa-Maine |
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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 13. KIDNAPPING AND CRIMINAL RESTRAINT
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Title 17-A - §301. Kidnapping
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 13: KIDNAPPING AND CRIMINAL RESTRAINT
§301. Kidnapping
1. A person is guilty of kidnapping if either:
A. The actor knowingly restrains another person with the intent to:
(1) Hold the other person for ransom or reward;
(2) Use the other person as a shield or hostage;
(3) Inflict bodily injury upon the other person or subject the other person to conduct defined as criminal in chapter 11;
(4) Terrorize the other person or a 3rd person;
(5) Facilitate the commission of another crime by any person or flight thereafter; or
(6) Interfere with the performance of any governmental or political function; or
[2001, c. 383, §26 (amd); §156 (aff).]
B. The actor knowingly restrains another person:
(1) Under circumstances which in fact expose the other person to risk of serious bodily injury; or
(2) By secreting and holding the other person in a place where the other person is not likely to be found.
[2001, c. 383, §26 (amd); §156 (aff).]
[2001, c. 383, §26 (amd); §156 (aff).]
2. "Restrain" means to restrict substantially the movements of another person without the other person's consent or other lawful
authority by:
A. Removing the other person from the other person's residence, place of business, or from a school; or
[2001, c. 383, §26 (amd); §156 (aff).]
B. Moving the other person a substantial distance from the vicinity where the other person is found; or
[2001, c. 383, §26 (amd); §156 (aff).]
C. Confining the other person for a substantial period either in the place where the restriction commences or in a place to
which the other person has been moved.
[2001, c. 383, §26 (amd); §156 (aff).]
[2001, c. 383, §26 (amd); §156 (aff).]
2-A. "Hostage" means a person restrained with the intent that a 3rd person, not the person restrained or the actor, perform or
refrain from performing some act.
[1979, c. 512, §24 (new).]
2-B. It is a defense to a prosecution under this section that the person restrained is the child of the actor.
[1979, c. 512, §24 (new).]
3. Kidnapping is a Class A crime. It is however, a defense which reduces the crime to a Class B crime, if the defendant voluntarily
released the victim alive and not suffering from serious bodily injury, in a safe place prior to trial.
[1975, c. 499, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1979,
Ch. 512,
§24
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§26
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §302. Criminal restraint
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 13: KIDNAPPING AND 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
[2001, c. 383, §27 (rpr); §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.
[2001, c. 383, §27 (rpr); §156 (aff).]
[2001, c. 383, §27 (rpr); §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.
[2001, c. 383, §27 (rpr); §156 (aff).]
3.
[2001, c. 383, §27 (rp); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1979,
Ch. 512,
§25
(RPR).
PL 1987,
Ch. 150,
§
(AMD).
PL 1995,
Ch. 689,
§1
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§27
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §303. Criminal restraint by parent
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 13: KIDNAPPING AND CRIMINAL RESTRAINT
§303. Criminal restraint by parent
1. A person is guilty of criminal restraint by parent if, being the parent of a child under the age of 16, and knowing he has
no legal right to do so, he:
A. Takes, retains or entices the child from the custody of his other parent, guardian or other lawful custodian with the intent
to remove the child from the State or to secrete him and hold him in a place where he is not likely to be found; or
[1981, c. 669, § 1 (new).]
B. Takes, retains or entices the child from the custody of his other parent, guardian or other lawful custodian, whose custodial
authority was established by a court of this State, in the state in which the child is residing with his legal custodian
with the intent to remove the child from that state or to secrete him and hold him in a place where he is not likely to be
found.
[1981, c. 669, § 1 (new).]
[1981, c. 669, § 1 (rpr).]
2. Consent by the person taken, enticed or retained is not a defense under this section.
[1979, c. 512, § 26 (new).]
3. A law enforcement officer shall not be held liable for taking physical custody of a child whom he reasonably believes has
been taken, retained or enticed in violation of this section and for delivering the child to a person whom he 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 his 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.
[1981, c. 669, § 2, (amd).]
4. A law enforcement officer may arrest without a warrant any person who he has probable cause to believe has violated or is
violating this section.
[1979, c. 512, § 26 (new).]
5. Criminal restraint by parent is a Class C crime.
[1981, c. 669, § 3 (amd).]
Section History:
PL 1979,
Ch. 512,
§26
(NEW).
PL 1981,
Ch. 669,
§1-3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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