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Criminal penalties in Maine

Checked in October 2026 against the Maine Revised Statutes (Title 17-A, the Maine Criminal Code, and Title 29-A).

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

How Maine sets penalties

  • Maine sorts crimes into five classes, A to E, and the class sets the maximum prison term and fine: Class A, up to 30 years and $50,000; Class B, up to 10 years and $20,000; Class C, up to 5 years and $5,000; Class D, less than one year and $2,000; Class E, 6 months and $1,000 (17-A M.R.S. §§ 1604 and 1704). A statute may set a different maximum, as it does for murder.
  • Murder is outside the classes. The sentence is life imprisonment or any term of years of not less than 25 (§ 1603).
  • The same crime can fall in different classes depending on the facts, such as the use of a weapon, the value of the property, or a dwelling. The tables show each class from the mildest.
  • Maine statutes set only the maximum for most crimes. The court may impose any shorter term, up to the maximum for the class.

Death penalty: No. Maine has no death penalty. A person convicted of murder is sentenced to life imprisonment or to a term of years of not less than 25 (17-A M.R.S. § 1603).

First-degree murder

Life, or a term of years of not less than 25

  • Murder (Murder (outside the classes))

    Least
    25 years (if a term of years is chosen)
    Most
    Imprisonment for life

    It is an affirmative defence that the person caused the death under the influence of extreme anger or extreme fear brought about by adequate provocation. The offence is then manslaughter (see below).

    17-A M.R.S. §§ 201, 1603

Maine has one crime of murder: intentionally or knowingly causing death, or causing it by conduct that shows depraved indifference to human life. It has no degrees.

Second-degree murder

Up to 30 years (felony murder, a Class A crime)

Maine has no second-degree murder. Felony murder, causing a death in the course of murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape, is the closest offence without an intent to kill.

Voluntary manslaughter

Up to 30 years (Class A)

  • Manslaughter (recklessly or with criminal negligence causing death, or an intentional killing under extreme anger or fear caused by adequate provocation) (Class A crime)

    Least
    No minimum term set by the statute
    Most
    30 years
    Fine
    A fine of up to $50,000

    17-A M.R.S. § 203; 17-A M.R.S. §§ 1604, 1704

Under Maine law, an intentional killing under the influence of extreme anger or extreme fear brought about by adequate provocation is manslaughter, a Class A crime. So is causing a death recklessly or with criminal negligence.

Robbery

Up to 10 years (Class B) up to 30 years (Class A)

Burglary

Up to 5 years (Class C) up to 30 years (armed with a firearm, Class A)

Arson

Up to 30 years (Class A)

Arson is always a Class A crime in Maine (§ 802).

Aggravated assault

Up to 10 years (Class B) up to 30 years (serious permanent disfigurement, Class A)

  • Aggravated assault (bodily injury creating a substantial risk of death or extended convalescence, bodily injury with a dangerous weapon, or under circumstances showing extreme indifference to human life) (Class B crime)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    17-A M.R.S. § 208(1); 17-A M.R.S. §§ 1604, 1704

  • Aggravated assault causing serious, permanent disfigurement or loss or substantial impairment of the function of a bodily member or organ (Class A crime)

    Least
    No minimum term set by the statute
    Most
    30 years
    Fine
    A fine of up to $50,000

    17-A M.R.S. § 208(1)(A-1); 17-A M.R.S. §§ 1604, 1704

  • Elevated aggravated assault (engaging in conduct that in fact causes serious bodily injury while driving under the influence, or in the other listed circumstances) (Class A crime)

    Least
    No minimum term set by the statute
    Most
    30 years
    Fine
    A fine of up to $50,000

    17-A M.R.S. § 208-B; 17-A M.R.S. §§ 1604, 1704

Rape and sexual assault

Up to 10 years (Class B) up to 30 years (Class A)

Maine calls the offence 'gross sexual assault', a sexual act with compulsion or with a victim under 14. A sexual act with threat or drugs is a Class B crime.

Kidnapping

Up to 30 years (Class A), or Class B if the victim is released safely

Embezzlement

6 months (Class E) up to 10 years (Class B), by the value taken

Maine treats taking another's property by unauthorised control as theft (§ 353), graded by value: up to $500, a Class E crime; over $500 to $1,000, Class D; over $1,000 to $10,000, Class C; over $10,000, or if a firearm or if armed, Class B.

Forgery

Less than one year (Class D) up to 10 years (aggravated forgery or over $10,000)

Drunk driving, first offence

A Class D crime (less than one year), with a minimum fine and licence suspension that cannot be suspended

  • Operating under the influence (OUI), first offence within 10 years (Class D crime)

    Least
    No minimum term set by the statute
    Most
    Less than one year
    Fine
    A fine of not less than $500 (not less than $600 if a test was refused), and up to $2,000

    29-A M.R.S. § 2411; 17-A M.R.S. §§ 1604, 1704

Operating under the influence is a Class D crime and a strict-liability crime. A first offence within 10 years carries minimum penalties that the court may not suspend: a fine of not less than $500 ($600 if the person refused a test) and a 150-day licence suspension, with more for higher alcohol levels or repeat offences.

Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska.

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