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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 37. FRAUD
|
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Title 17-A - §901-A. Deceptive insurance practices
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§901-A. Deceptive insurance practices
1. A person is guilty of deceptive insurance practices if in the course of engaging in the business of insurance that person
intentionally makes a false statement with respect to a material fact concerning, or intentionally materially alters, any
of the following:
A. A document filed with the Superintendent of Insurance or the insurance regulatory official or agency of another jurisdiction
with respect to:
(1) The financial condition of an insurer;
(2) The formation, acquisition, merger, consolidation, dissolution or withdrawal from one or more lines of insurance in
all or part of this State by an insurer;
(3) The issuance of written evidence of insurance; or
(4) The reinstatement of an insurance policy;
[1997, c. 779, §2 (new).]
B. A document submitted by an insured, claimant or applicant to an insurer, insurance producer or other person; or
[1997, c. 779, §2 (new).]
C. A document or report filed with a law enforcement agency.
[1997, c. 779, §2 (new).]
[1997, c. 779, §2 (new).]
2. A person is guilty of deceptive insurance practices if in the course of engaging in the business of insurance that person
intentionally does any of the following:
A. Transacts the business of insurance in this State without proper licensure, certification or authorization;
[1997, c. 779, §2 (new).]
B. Destroys, conceals, removes or otherwise impairs the verity or availability of any records of an insurer with the intent
to deceive; or
[1997, c. 779, §2 (new).]
C. Solicits or accepts new or renewal insurance risks on behalf of an insurer or the person engaged in the business of insurance
by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of
the transaction.
[1997, c. 779, §2 (new).]
[1997, c. 779, §2 (new).]
3. Deceptive insurance practices is a Class D crime.
[1997, c. 779, §2 (new).]
Section History:
PL 1997,
Ch. 779,
§2
(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 - §901. Deceptive business practices
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§901. Deceptive business practices
1. A person is guilty of deceptive business practices if, in the course of engaging in a business, occupation or profession,
he intentionally:
A. Uses or possesses with the intent to use, a false weight or measure, or any other device which is adjusted or calibrated
to falsely determine or measure any quality or quantity;
[1975, c. 499, § 1 (new).]
B. Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;
[1975, c. 499, § 1 (new).]
C. Takes more than the represented quantity of any commodity or service when as buyer he furnished the weight or measure;
[1975, c. 499, § 1 (new).]
D. Sells, offers or exposes for sale any commodity which is adulterated or mislabelled;
[1975, c. 499, § 1 (new).]
E.
[1975, c. 740, § 91 (rp).]
F. Sells, offers or exposes for sale a motor vehicle on which the manufacturer's serial number has in fact been altered, removed
or obscured;
[1975, c. 499, § 1 (new).]
G. Makes or causes to be made a false statement of material fact in any advertisement addressed to the public or to a substantial
number of persons, in connection with the promotion of his business, occupation or profession or to increase the consumption
of specified property or service;
[1975, c. 499, § 1 (new).]
H. Offers property or service, in any manner including advertising or other means of communication, as part of a scheme or
plan with the intent not to sell or provide the advertised property or services
(1) at all;
(2) at the price or of the quality offered;
(3) in a quantity sufficient to meet the reasonably expected public demand unless the advertisement or communication states
the approximate quantity available; or
[1975, c. 499, § 1 (new).]
I. Conducts, sponsors, organizes or promotes a publicly exhibited sports contest with the knowledge that he or another person
has tampered with any person, animal or thing that is part of the contest, with the intent to prevent the contest from being
conducted in accordance with the rules and usages purporting to govern it, or with the knowledge that any sports official
or sports participant has accepted or agreed to accept any benefit from another person upon an agreement or understanding
that he will thereby be influenced not to give his best efforts or that he will perform his duties improperly.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. It is a defense to a prosecution under subsection 1, paragraphs G and H, that a television or radio broadcasting station,
or a publisher or printer of a newspaper, magazine or other form of printed material, which broadcasts, publishes or prints
a false, misleading advertisement did so without knowledge of the advertiser's intent.
[1975, c. 499, § 1 (new).]
3. As used in this section:
A. "Adulterated" means varying from the standard of composition or quality prescribed for the substance by statute or by lawfully
promulgated administrative regulation, or if none, as set by established commercial usage;
[1975, c. 499, § 1 (new).]
B. "Mislabeled" means having a label or trademark varying from the standard of truth and disclosure in labeling prescribed
by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage. "Mislabeled"
includes but is not limited to counterfeiting or the unauthorized reproducing of a trademark.
[1999, c. 767, §1 (amd).]
C.
[1975, c. 740, § 92 (rp).]
[1999, c. 767, §1 (amd).]
3-A. A commodity or item bearing marks in violation of this section or personal property, including, but not limited to, tools,
machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with the violation is contraband
and may be seized by a law enforcement officer. A person convicted of a violation of this section forfeits to the State all
rights, privileges, interests and claims to property seized under this subsection.
[1999, c. 767, §2 (new).]
4. Deceptive business practices is a Class D crime.
[1977, c. 162 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§91,92
(AMD).
PL 1977,
Ch. 162,
§
(AMD).
PL 1999,
Ch. 767,
§1,2
(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 - §902. Defrauding a creditor
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§902. Defrauding a creditor
1. A person is guilty of defrauding a creditor if:
A. He destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest, as
defined in Title 11, section 1-201, subsection (37), with the intent to hinder enforcement of that interest; or
[1975, c. 499, § 1 (new).]
B. Knowing that proceedings have been or are about to be instituted for the appointment of an administrator, he
(1) destroys, removes, conceals, encumbers, transfers or otherwise deals with any property with a purpose to defeat or obstruct
the claim of any creditor; or
(2) presents in writing to any creditor or to an administrator, any false statement relating to the debtor's estate, knowing
that a material part of such statement is false.
[1979, c. 512, § 29 (amd).]
[1979, c. 512, § 29 (amd).]
2. As used in this section, "administrator" means an assignee for the benefit of creditors, a receiver, or trustee in bankruptcy
or any other person entitled to administer property for the benefit of creditors.
[1979, c. 512, § 30 (rpr).]
3. Defrauding a creditor is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1979,
Ch. 512,
§29,30
(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 - §903. Misuse of entrusted property
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§903. Misuse of entrusted property
1. A person is guilty of misuse of entrusted property if he deals with property that has been entrusted to him as a fiduciary,
or property of the government or of a financial institution, in a manner which he knows is a violation of his duty and which
involves a substantial risk of loss to the owner or to a person for whose benefit the property was entrusted.
[1975, c. 499, § 1 (new).]
2. As used in this section "fiduciary" includes any person carrying on fiduciary functions on behalf of an organization which
is a fiduciary.
[1975, c. 499, § 1 (new).]
3. Misuse of entrusted property 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 - §904. Private bribery
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§904. Private bribery
1. A person is guilty of private bribery if:
A. He promises, offers or gives any pecuniary benefits to
(1) an employee or agent with the intention to influence his conduct adversely to the interest of the employer or principal
of the agent or employee;
(2) a hiring agent or an official or employee in charge of employment upon agreement or understanding that a particular person,
including the actor, shall be hired, retained in employment or discharged or suspended from employment;
(3) a fiduciary with the intent to influence him to act contrary to his fiduciary duty;
(4) a sports participant with the intent to influence him not to give his best efforts in a sports contest;
(5) a sports official with the intent to influence him to perform his duties improperly;
(6) a person in a position of trust and confidence in his relationship to a 3rd person, with the intention that the trust
or confidence will be used to influence the 3rd person to become a customer of the actor, or as compensation for the past
use of such influence; or
[1977, c. 499, § 1 (new).]
B. He knowingly solicits, accepts or agrees to accept any benefit, the giving of which would be criminal under subsection 1,
paragraph A.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. Private bribery 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 - §905-A. Misuse of identification
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§905-A. Misuse of identification
1. A person is guilty of misuse of identification if, in order to obtain confidential information, property or services, the
person intentionally or knowingly:
A. Presents or uses a credit or debit card that is stolen, forged, canceled or obtained as a result of fraud or deception;
[1999, c. 190, §3 (new).]
B. Presents or uses an account, credit or billing number that that person is not authorized to use or that was obtained as
a result of fraud or deception; or
[1999, c. 190, §3 (new).]
C. Presents or uses a form of legal identification that that person is not authorized to use.
[1999, c. 190, §3 (new).]
[1999, c. 190, §3 (new).]
2. It is an affirmative defense to prosecution under this section that the person believed in good faith that the person was
authorized to present or use the card, number or legal identification.
[1999, c. 190, §3 (new).]
3. Proof of actual or constructive notice of cancellation gives rise to a permissible inference under the Maine Rules of Evidence,
Rule 303 that the person who presented the canceled credit or debit card knew it had been canceled.
[2001, c. 383, §107 (amd); §156 (aff).]
4. As used in this section, "legal identification" includes a social security card, social security number, birth certificate,
driver's license, government-issued identification card, oral statement of full name and date of birth or any other means
of identifying a person that is generally accepted as accurate and reliable.
[1999, c. 190, §3 (new).]
5. Misuse of identification is a Class D crime.
[1999, c. 190, §3 (new).]
Section History:
PL 1999,
Ch. 190,
§3
(NEW).
PL 2001,
Ch. 383,
§107
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
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 - §905-B. Misuse of scanning device or reencoder
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§905-B. Misuse of scanning device or reencoder
1. A person is guilty of misuse of a scanning device or a reencoder if the person intentionally or knowingly uses a scanning
device or a reencoder without the permission of the authorized payment card user whose card information is scanned or reencoded
and with the intent to defraud or deceive the authorized payment card user, the issuer of the authorized payment card user's
payment card or another person.
[2005, c. 72, §1 (new).]
2. As used in this section, the following terms have the following meanings.
A. "Authorized payment card user" means a person with the authority or permission to use a payment card.
[2005, c. 72, §1 (new).]
B. "Payment card" means a credit card, charge card, debit card, hotel key card or stored value card or any other card that
is issued to an authorized payment card user that allows the user to obtain, purchase or receive goods, services, money or
anything else of value.
[2005, c. 72, §1 (new).]
C. "Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe
of a payment card onto the computer chip or magnetic strip or stripe of another payment card or any electronic medium that
allows an authorized transaction to occur.
[2005, c. 72, §1 (new).]
D. "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize
or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card.
[2005, c. 72, §1 (new).]
[2005, c. 72, §1 (new).]
3. Misuse of a scanning device or a reencoder is a Class D crime.
[2005, c. 72, §1 (new).]
Section History:
PL 2005,
Ch. 72,
§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 - §905. Misuse of credit identification (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§905. Misuse of credit identification (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1979,
Ch. 512,
§31
(AMD).
PL 1999,
Ch. 190,
§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 04333-0007Title 17-A - §906. Use of slugs
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§906. Use of slugs
1. A person is guilty of use of slugs if:
A. With intent to defraud, he inserts or deposits a slug in a coin box, turnstile, vending machine or other mechanical or electronic
device or receptacle; or
[1975, c. 499, § 1 (new).]
B. He makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin box, turnstile,
vending machine or other mechanical or electronic device or receptacle.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. As used in this section, "slug" means an object or article which, by virtue of its size, shape or other quality, is capable
of being inserted or deposited as an improper substitute for a genuine coin, bill, pass, key or token in a coin box, turnstile,
vending machine or other mechanical or electronic device or receptacle which is designed automatically to offer, provide,
assist in providing or permit the acquisition of some property or services in return for the insertion or deposit of a genuine
coin, bill, pass, key or token.
[1975, c. 499, § 1 (new).]
3. Use of slugs 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 - §907. Possession or transfer of theft devices
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§907. Possession or transfer of theft devices
1. A person is guilty of possession or transfer of theft devices if:
A. The person possesses or makes any device, instrument, apparatus or other article that is designed or primarily useful for
advancing or facilitating the commission of theft, with the intent to use such device, instrument, apparatus or other article
to commit any such criminal offense. Violation of this paragraph is a Class E crime; or
[2001, c. 383, §108 (amd); §156 (aff).]
B. The person transfers or possesses with the intent to transfer any device described in paragraph A that the person knows
is designed or primarily useful for the commission of theft. Violation of this paragraph is a Class D crime.
[2001, c. 383, §108 (amd); §156 (aff).]
[2001, c. 383, §108 (amd); §156 (aff).]
2.
[2001, c. 383, §109 (rp); §156 (aff).]
Section History:
PL 1979,
Ch. 512,
§32
(NEW).
PL 1991,
Ch. 548,
§A9
(AMD).
PL 1997,
Ch. 372,
§2
(AMD).
PL 2001,
Ch. 383,
§108,109
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
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 - §908. Home repair fraud
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 37: FRAUD
§908. Home repair fraud
1. A home repair seller is guilty of home repair fraud if the seller knowingly enters into an agreement or contract, written
or oral, with any person for home repair services and the seller, at the time of entering into that agreement or contract:
A. Intentionally misrepresents a material fact relating to the terms of the agreement or contract or misrepresents a preexisting
or existing condition of any portion of the property that is the subject of the home repair services. Violation of this paragraph
is a Class D crime;
[2001, c. 383, §110 (amd); §156 (aff).]
B. Intentionally creates or reinforces an impression relating to the terms of the agreement or contract that is false and that
the seller does not believe to be true or fails to correct such an impression that the seller had previously created or reinforced.
Violation of this paragraph is a Class D crime;
[2001, c. 383, §110 (amd); §156 (aff).]
C. Intentionally promises performance under the terms of the agreement or contract that the seller does not intend to perform
or that the seller knows will not be performed. Violation of this paragraph is a Class D crime;
[2001, c. 383, §110 (amd); §156 (aff).]
D. Intentionally uses or employs deception, false pretense or false promise in securing the agreement or contract. Violation
of this paragraph is a Class D crime;
[2001, c. 383, §110 (amd); §156 (aff).]
E. Knows that the property that is the subject of the home repair services was previously damaged or destroyed by the seller
with the intent to obtain the agreement or contract. Violation of this paragraph is a Class D crime;
[2001, c. 383, §110 (amd); §156 (aff).]
F. Violates paragraph A and the person has 2 or more prior Maine convictions for violation of this section. Section 9-A governs
the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;
[2001, c. 383, §110 (new); §156 (aff).]
G. Violates paragraph B and the person has 2 or more prior Maine convictions for violation of this section. Section 9-A governs
the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;
[2001, c. 383, §110 (new); §156 (aff).]
H. Violates paragraph C and the person has 2 or more prior Maine convictions for violation of this section. Section 9-A governs
the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;
[2001, c. 383, §110 (new); §156 (aff).]
I. Violates paragraph D and the person has 2 or more prior Maine convictions for violation of this section. Section 9-A governs
the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime; or
[2001, c. 383, §110 (new); §156 (aff).]
J. Violates paragraph E and the person has 2 or more prior Maine convictions for violation of this section. Section 9-A governs
the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.
[2001, c. 383, §110 (new); §156 (aff).]
[2001, c. 383, §110 (amd); §156 (aff).]
2. In a prosecution under subsection 1, paragraph A, whether a fact relating to the terms of the agreement or contract is material
is a question of law to be determined by the court.
[1995, c. 681, §1 (new).]
3. As used in this section, unless otherwise indicated, the following terms have the following meanings.
A. "Home repair services" means fixing, replacing, altering, converting, modernizing, improving or making an addition to real
property primarily designed or used as a residence. "Home repair services" includes the construction, installation, replacement,
improvement and cleaning of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fall-out
shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electric wiring, sewers, plumbing
fixtures, storm doors, storm windows, siding or awnings and other improvements to structures within the residence or upon
the land adjacent to the residence, including tree trimming.
[1995, c. 681, §1 (new).]
B. "Home repair seller" or "seller" means a person, partnership, corporation, business, trust or other legal entity that sells
or provides home repair services.
[1995, c. 681, §1 (new).]
C. "Residence" means a single-family or multifamily dwelling, including a single-family home, apartment building, condominium,
duplex or townhouse that is used or intended to be used by its occupants as a dwelling place.
[1995, c. 681, §1 (new).]
[1995, c. 681, §1 (new).]
4.
[2001, c. 383, §111 (rp); §156 (aff).]
Section History:
PL 1995,
Ch. 681,
§1
(NEW).
PL 2001,
Ch. 383,
§110,111
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
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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