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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 33. ARSON AND OTHER PROPERTY DESTRUCTION
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Title 17-A - §801. Aggravated arson (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§801. Aggravated arson (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1977,
Ch. 510,
§66
(AMD).
PL 1979,
Ch. 322,
§1
(RP ).
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 - §802. Arson
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§802. Arson
1. A person is guilty of arson if he starts, causes, or maintains a fire or explosion;
A. On the property of another with the intent to damage or destroy property thereon; or
[1975, c. 499, § 1 (new).]
B. On his own property or the property of another
(1) with the intent to enable any person to collect insurance proceeds for the loss caused by the fire or explosion; or
(2) which recklessly endangers any person or the property of another.
[1983, c. 450, § 4 (amd).]
2. In a prosecution under subsection 1, paragraph B, the requirements of specificity in the charge and proof at the trial otherwise
required by law do not include a requirement to allege or prove the ownership of the property. In a prosecution under subsection
1, paragraph A, it is a defense that the actor reasonably believed he had the permission of the property owner to engage in
the conduct alleged. In a prosecution under subsection 1, paragraph A, "property of another" has the same meaning as in section
352, subsection 4.
[1975, c. 740, § 86 (amd).]
3. Arson is a Class A crime.
[1979, c. 322, § 2 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§86
(AMD).
PL 1979,
Ch. 322,
§2
(AMD).
PL 1983,
Ch. 450,
§4
(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 - §803-A. Causing a catastrophe
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§803-A. Causing a catastrophe
1. A person is guilty of causing a catastrophe if the person recklessly causes a catastrophe by explosion, fire, flood, avalanche,
collapse of a structure, release or dissemination of poison, toxin, radioactive material, bacteria, virus or other biological
agent or vector or other such force or substance that is dangerous to human life and difficult to confine.
[2001, c. 634, §6 (new).]
2. A person is guilty of causing a catastrophe if the person with terroristic intent violates subsection 1.
[2001, c. 634, §6 (new).]
3. As used in this section, the following definitions apply.
A. "Biological agent" means any microorganism, virus, infectious substance, product of biotechnology or component of any such
agent, either naturally occurring or bioengineered.
[2001, c. 634, §6 (new).]
B. "Catastrophe" means:
(1) For purposes of subsection 1, death or serious bodily injury to 10 or more persons or substantial damage to 5 or more
structures, whether or not occupied; and
(2) For purposes of subsection 2, death or serious bodily injury to more than one person, substantial damage to 3 or more
structures, whether or not occupied, or substantial physical damage sufficient to disrupt the normal functioning of a critical
infrastructure.
[2001, c. 634, §6 (new).]
C. "Poison" means toxic or poisonous chemicals or precursors of toxic or poisonous chemicals.
[2001, c. 634, §6 (new).]
D. "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi or infectious substances or a recombinant
molecule, whatever its origin or method of production, including:
(1) Any poisonous substance or biological product of biotechnology produced by a living organism; or
(2) Any poisonous isomer or biological product, homolog or derivative of such a substance.
[2001, c. 634, §6 (new).]
E. "Vector" means a living organism or molecule, including a recombinant molecule or any biological product of biotechnology,
capable of carrying a biological agent or toxin to a host.
[2001, c. 634, §6 (new).]
[2001, c. 634, §6 (new).]
4. Causing a catastrophe is a Class A crime.
[2001, c. 634, §6 (new).]
Section History:
PL 2001,
Ch. 634,
§6
(NEW).
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 - §803. Causing a catastrophe (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§803. Causing a catastrophe (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1987,
Ch. 361,
§1
(AMD).
PL 2001,
Ch. 634,
§5
(RP ).
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 - §804. Failure to control or report a dangerous fire
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§804. Failure to control or report a dangerous fire
1. A person is guilty of failure to control or report a dangerous fire if:
A. He starts, causes or maintains a fire or explosion, and knowing that its spread would endanger human life or the property
of another, he fails to take reasonable measures to put out or control the fire or to give a prompt fire alarm;
[1975, c. 499, § 1 (new).]
B. Knowing that a fire is endangering a substantial amount of property of another, as to which he has an official, contractual,
or other legal duty, he fails to take reasonable measures to put out or control the fire or to give prompt fire alarm; or
[1975, c. 499, § 1 (new).]
C. Knowing that a fire is endangering human life, he fails to take reasonable measures to save life by notifying the persons
endangered or by taking reasonable measures to put out or control the fire or by giving a prompt fire alarm.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. Failure to control or report a dangerous fire is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
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 - §805. Aggravated criminal mischief
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§805. Aggravated criminal mischief
1. A person is guilty of aggravated criminal mischief if that person intentionally, knowingly or recklessly:
A. Damages or destroys property of another in an amount exceeding $2,000 in value, having no reasonable ground to believe that
the person has a right to do so;
[1995, c. 625, Pt. A, §20 (rpr).]
B. Damages or destroys property in an amount exceeding $2,000 in value, to enable any person to collect insurance proceeds
for the loss caused;
[1995, c. 625, Pt. A, §20 (rpr).]
C. Damages, destroys or tampers with the property of a law enforcement agency, fire department or supplier of gas, electric,
steam, water, transportation, sanitation or communication services to the public, having no reasonable ground to believe that
the person has a right to do so, and thereby causes a substantial interruption or impairment of service rendered to the public;
[1997, c. 482, §1 (amd).]
D. Damages, destroys or tampers with property of another and thereby recklessly endangers human life; or
[1997, c. 482, §2 (amd).]
E. Damages or destroys property of another by fire, having no reasonable ground to believe that the person has a right to do
so, and the property damaged or destroyed is neither a dwelling place as defined in section 2, subsection 10 nor a structure
as defined in section 2, subsection 24.
[1997, c. 482, §3 (new).]
[1997, c. 482, §§1-3 (amd).]
1-A. As used in this section, "property of another" has the same meaning as in section 352, subsection 4.
[1975, c. 740, §87 (new).]
1-B. As used in this section, "value", if the property is destroyed, shall be determined pursuant to section 352, subsection
5. If the property is damaged, "value" shall be determined by the cost of repair unless that determination exceeds the determination
of the value of the property had it been destroyed, in which case the property shall be deemed destroyed for purposes of this
subsection. Amounts of value involved in mischiefs may be aggregated in the same manner as provided in section 352, subsection
5, paragraph E. Prosecution for an aggregated aggravated criminal mischief may be brought in any venue in which one of the
criminal mischiefs which have been aggregated was committed.
[1977, c. 510, §67 (amd).]
2. Aggravated criminal mischief is a Class C crime.
[1975, c. 499, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§87
(AMD).
PL 1977,
Ch. 510,
§67
(AMD).
PL 1995,
Ch. 224,
§8
(AMD).
PL 1995,
Ch. 434,
§1
(AMD).
PL 1995,
Ch. 625,
§A20
(AMD).
PL 1997,
Ch. 482,
§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 04333-0007Title 17-A - §806. Criminal mischief
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§806. Criminal mischief
1. A person is guilty of criminal mischief if that person intentionally, knowingly or recklessly:
A. Damages or destroys the property of another, having no reasonable grounds to believe that the person has a right to do so;
damages or destroys property to enable any person to collect insurance proceeds for the loss caused; or tampers with the property
of another, having no reasonable grounds to believe that the person has the right to do so, and thereby impairs the use of
that property;
[1991, c. 824, Pt. D, §3 (rpr).]
B. Damages, destroys or tampers with property of a law enforcement agency, fire department, or supplier of gas, electric, steam,
water, transportation, sanitation or communication services to the public, having no reasonable grounds to believe that the
person has a right to do so, and by such conduct recklessly creates a risk of interruption or impairment of services rendered
to the public; or
[1991, c. 824, Pt. D, §3 (rpr).]
C. Drives or places in any tree or saw log, without the prior consent of the owner, any iron, steel or other substance sufficiently
hard to damage saws or wood manufacturing or processing equipment with intent to cause inconvenience, annoyance or alarm to
any other person.
[1991, c. 824, Pt. D, §3 (rpr).]
[1991, c. 824, Pt. D, §3 (rpr).]
1-A. As used in this section, "property of another" has the same meaning as in section 352, subsection 4.
[1975, c. 740, §89 (new).]
2. Criminal mischief is a Class D crime.
[1975, c. 499, §1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§88,89
(AMD).
PL 1979,
Ch. 289,
§
(AMD).
PL 1991,
Ch. 559,
§
(AMD).
PL 1991,
Ch. 565,
§
(AMD).
PL 1991,
Ch. 824,
§D3
(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 - §807. Animal enterprise terrorism (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 33: ARSON AND OTHER PROPERTY DESTRUCTION
§807. Animal enterprise terrorism (REPEALED)
Section History:
PL 1993,
Ch. 83,
§1
(NEW).
PL 1995,
Ch. 434,
§2
(RP ).
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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