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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 17. BURGLARY AND CRIMINAL TRESPASS
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Title 17-A - §401. Burglary
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 17: BURGLARY AND CRIMINAL TRESPASS
§401. Burglary
1. A person is guilty of burglary if:
A. The person enters or surreptitiously remains in a structure knowing that that person is not licensed or privileged to do
so, with the intent to commit a crime therein. Violation of this paragraph is a Class C crime; or
[2001, c. 383, §53 (new); §156 (aff).]
B. The person violates paragraph A and:
(1) The person is armed with a firearm, or knows that an accomplice is so armed. Violation of this subparagraph is a Class
A crime;
(2) The person intentionally or recklessly inflicts or attempts to inflict bodily injury on anyone during the commission
of the burglary or an attempt to commit the burglary or in immediate flight after the commission or attempt. Violation of
this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon other than a firearm or knows that an accomplice is so armed. Violation
of this subparagraph is a Class B crime;
(4) The violation is against a structure that is a dwelling place. Violation of this subparagraph is a Class B crime; or
(5) At the time of the burglary, the person has 2 or more prior Class A, B or C convictions for any combination of theft;
any violation of this section or section 651, 702 or 703; or attempts to commit any of those crimes. Section 9-A governs
the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime.
[2001, c. 383, §53 (new); §156 (aff).]
[2001, c. 383, §53 (rpr); §156 (aff).]
2.
[2001, c. 383, §54 (rp); §156 (aff).]
3. A person may be convicted both of burglary and of the crime that the person committed or attempted to commit after entering
or remaining in the structure, but sentencing for both crimes is governed by section 1256.
[2001, c. 383, §55 (amd); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§60
(AMD).
PL 1977,
Ch. 510,
§50-52
(AMD).
PL 1985,
Ch. 282,
§4
(AMD).
PL 1997,
Ch. 477,
§1
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§53-55
(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 - §402-A. Aggravated criminal trespass
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 17: BURGLARY AND CRIMINAL TRESPASS
§402-A. Aggravated criminal trespass
1. A person is guilty of aggravated criminal trespass if, knowing that that person is not licensed or privileged to do so,
that person enters a dwelling place and:
A. While in the dwelling place violates any provision of chapter 9 or chapter 11; or
[1999, c. 434, §1 (new).]
B. At the time of the offense, has 2 prior convictions for burglary in a dwelling place or criminal trespass in a dwelling
place. Section 9-A governs the use of prior convictions when determining a sentence.
[2001, c. 383, §59 (amd); §156 (aff).]
[2001, c. 383, §59 (amd); §156 (aff).]
2. Aggravated criminal trespass is a Class C crime.
[1999, c. 434, §1 (new).]
Section History:
PL 1999,
Ch. 434,
§1
(NEW).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§59
(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 - §402. Criminal trespass
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 17: BURGLARY AND CRIMINAL TRESPASS
§402. Criminal trespass
1. A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so, that person:
A. Enters any dwelling place. Violation of this paragraph is a Class D crime;
[2001, c. 383, §56 (amd); §156 (aff).]
B. Enters any structure that is locked or barred. Violation of this paragraph is a Class E crime;
[2001, c. 383, §56 (amd); §156 (aff).]
C. Enters any place from which that person may lawfully be excluded and that is posted in accordance with subsection 4 or in
a manner reasonably likely to come to the attention of intruders or that is fenced or otherwise enclosed in a manner designed
to exclude intruders. Violation of this paragraph is a Class E crime;
[2001, c. 383, §56 (amd); §156 (aff).]
D. Remains in any place in defiance of a lawful order to leave that was personally communicated to that person by the owner
or another authorized person. Violation of this paragraph is a Class E crime;
[2001, c. 383, §56 (amd); §156 (aff).]
E. Enters any place in defiance of a lawful order not to enter that was personally communicated to that person by the owner
or another authorized person. Violation of this paragraph is a Class E crime; or
[2001, c. 383, §56 (amd); §156 (aff).]
F. Enters or remains in a cemetery or burial ground at any time between 12 hour after sunset and 12 hour before sunrise the
following day, unless that person enters or remains during hours in which visitors are permitted to enter or remain by municipal
ordinance or, in the case of a privately owned and operated cemetery, by posting. Violation of this paragraph is a Class E
crime.
[2001, c. 383, §56 (amd); §156 (aff).]
[2001, c. 383, §56 (amd); §156 (aff).]
2.
[2001, c. 383, §57 (rp); §156 (aff).]
3.
[1979, c. 701, §23 (rp).]
4. For the purposes of subsection 1, paragraph C, property is posted if it is marked with signs or paint in compliance with
this subsection. Proof that any posted sign or paint marking is actually seen by an intruder gives rise to a permissible
inference under the Maine Rules of Evidence, Rule 303 that such posted sign or paint marking is posted in a manner reasonably
likely to come to the attention of intruders.
A. Signs must indicate that access is prohibited, that access is prohibited without permission of the landowner or the landowner's
agent, or that access for a particular purpose is prohibited.
[1995, c. 529, §2 (new).]
B. Paint markings mean that access is prohibited without permission of the landowner or the landowner's agent. Paint markings
must consist of 2 painted horizontal lines per tree, post or other object.
(1) Each line must be a minimum of 2 inches high and at least as long as the width of the object, but need not be more than
8 inches long.
(2) Lines must be painted on the side of the tree, post or other object that is visible to a person approaching the restricted
property and must be painted within an area 3 feet to 6 feet above ground level.
(3) The paint must be silver or aluminum colored.
[1995, c. 529, §2 (new).]
C. Signs or paint must mark the property at intervals no greater than 100 feet and at all vehicular access entries from a public
road.
[1995, c. 529, §2 (new).]
D. Signs or paint markings are required only on the portion of the property where access is prohibited or limited. Signs or
paint posted in accordance with this section have no effect on boundaries of property and do not constitute claims of possession
or adverse use in accordance with state law.
[1995, c. 529, §2 (new).]
D-1. Notwithstanding any other provision of this section, a landowner who posts that landowner's land by paint markings and who
intends to prohibit access without permission of the landowner or the landowner's agent or intends to prohibit access for
a particular purpose may do this by posting in a prominent place one or more qualifying signs that by words or symbols set
forth the nature of the prohibition. The landowner need not post the qualifying signs at 100-foot intervals.
[1999, c. 115, §1 (new).]
E. A person commits criminal mischief and is subject to prosecution under section 806 if that person, without permission of
the owner or owner's agent:
(1) Knowingly posts the property of another with a sign or paint mark indicating that access is prohibited, that access
is prohibited without permission or that access for a particular purpose is prohibited; or
(2) Removes, mutilates, defaces or destroys a sign or paint mark placed for purposes of this section.
[1995, c. 529, §2 (new).]
Nothing in this subsection limits any manner of posting reasonably likely to come to the attention of intruders.
[2001, c. 383, §58 (amd); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1977,
Ch. 128,
§
(AMD).
PL 1977,
Ch. 510,
§53
(AMD).
PL 1979,
Ch. 701,
§23
(RPR).
PL 1981,
Ch. 317,
§11
(AMD).
PL 1989,
Ch. 793,
§
(AMD).
PL 1995,
Ch. 529,
§1,2
(AMD).
PL 1999,
Ch. 115,
§1
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§56-58
(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 - §403. Possession or transfer of burglar's tools
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 17: BURGLARY AND CRIMINAL TRESPASS
§403. Possession or transfer of burglar's tools
1. A person is guilty of possession or transfer of burglar's tools if that person:
A. Possesses or makes any tool, implement, instrument or other article that is adapted, designed or commonly used for advancing
or facilitating crimes involving unlawful entry into property or crimes involving forcible breaking of safes or other containers
or depositories of property, including, but not limited to, an electronic device used as a code grabber or a master key designed
to fit more than one lock, with intent to use such tool, implement, instrument or other article to commit any such criminal
offense. Violation of this paragraph is a Class E crime; or
[2001, c. 383, §60 (amd); §156 (aff).]
B. Transfers or possesses with the intent to transfer any device described in paragraph A that that person knows is designed
or primarily useful for the commission of a crime described in paragraph A. Violation of this paragraph is a Class D crime.
[2001, c. 383, §60 (amd); §156 (aff).]
[2001, c. 383, §60 (amd); §156 (aff).]
2.
[2001, c. 383, §61 (rp); §156 (aff).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1997,
Ch. 372,
§1
(RPR).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§60,61
(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 - §404. Trespass by motor vehicle
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 17: BURGLARY AND CRIMINAL TRESPASS
§404. Trespass by motor vehicle
1. A person is guilty of trespass by motor vehicle if, knowing that that person has no right to do so, that person intentionally
or knowingly permits a motor vehicle belonging to that person or subject to that person's control to enter or remain in or
on:
A. The residential property of another;
[1995, c. 529, §3 (amd).]
B. The nonresidential property of another for a continuous period in excess of 24 hours; or
[1995, c. 529, §3 (amd).]
C. The nonresidential property of another that is:
(1) Posted in accordance with section 402, subsection 4;
(2) Posted to prohibit access by motor vehicles; or
(3) Posted in a manner reasonably likely to come to the attention of intruders.
For purposes of this paragraph, property is posted to prohibit access by motor vehicles if the property owner or the owner's
agent has posted the property boundaries at points where they are crossed by roads or trails with signs indicating that motor
vehicle access is prohibited or with paint markings that comply with section 402, subsection 4, paragraph B.
[1995, c. 529, §3 (new).]
[1995, c. 529, §3 (amd).]
2. Proof that the defendant was the registered owner of the vehicle gives rise to a permissible inference under the Maine Rules
of Evidence, Rule 303 that the defendant was the person who permitted the vehicle to enter or remain on the property.
[2001, c. 383, §62 (amd); §156 (aff).]
3. Trespass by motor vehicle is a Class E crime.
[1975, c. 499, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1995,
Ch. 529,
§3
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§62
(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 - §405. Burglary of motor vehicle
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 17: BURGLARY AND CRIMINAL TRESPASS
§405. Burglary of motor vehicle
1. A person is guilty of burglary of a motor vehicle if:
A. The person enters a motor vehicle, knowing that the person is not licensed or privileged to do so, with the intent to commit
a crime therein. Violation of this paragraph is a Class D crime; or
[2003, c. 711, Pt. A, §4 (new).]
B. The person violates paragraph A, and the person forcibly enters a motor vehicle that is locked. Violation of this paragraph
is a Class C crime.
[2003, c. 711, Pt. A, §4 (new).]
[2003, c. 711, Pt. A, §4 (rpr).]
2.
[2003, c. 711, Pt. A, §4 (rp).]
2-A. As used in subsection 1, "forcibly" means with the use of a burglar's tool or by the use of physical force that damages
or destroys the motor vehicle. "Burglar's tool" means any device described in section 403, subsection 1, paragraph A.
[2003, c. 711, Pt. A, §4 (new).]
Section History:
PL 1989,
Ch. 263,
§
(NEW).
PL 2003,
Ch. 711,
§A4
(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 04333-0007
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