Maine Revised Statutes Title 17-A Sec. 356-A – Theft of lost, mislaid or mistakenly delivered property
Current as of: 2023 | Check for updates
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1. A person is guilty of theft if:
A. The person obtains or exercises control over the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property and, with the intent to deprive the owner of the property at any time subsequent to acquiring it, the person fails to take reasonable measures to return it. Violation of this paragraph is a Class E crime; or [PL 2001, c. 383, §41 (NEW); PL 2001, c. 383, §156 (AFF).]
B. The person violates paragraph A and:
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;
(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or
(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9?A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime. [PL 2007, c. 476, §13 (AMD).]
[PL 2007, c. 476, §13 (AMD).]
SECTION HISTORY
PL 2001, c. 383, §41 (NEW). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D6 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §13 (AMD).
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B crime | up to 10 years | up to $20,000 |
| Class C crime | up to 5 years | up to $5,000 |
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 17-A Sec. 356-A
- Intent to deprive: means to have the conscious object:
A. See Maine Revised Statutes Title 17-A Sec. 352Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Property: means anything of value, including but not limited to:
A. See Maine Revised Statutes Title 17-A Sec. 352Property of another: includes property in which any person or government other than the actor has an interest that the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. See Maine Revised Statutes Title 17-A Sec. 352