Maine Revised Statutes Title 17-A Sec. 353 – Theft by unauthorized taking or transfer
Current as of: 2023 | Check for updates
|
Other versions
1. A person is guilty of theft if:
A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; [PL 2005, c. 199, §4 (AMD).]
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; or [PL 2007, c. 476, §10 (AMD).]
C. The person knowingly operates an audiovisual or audio recording function of any device in a motion picture theater while a motion picture is being exhibited for the purpose of making a copy of the motion picture, without the written consent of the motion picture theater owner. Violation of this paragraph is a Class D crime. [PL 2005, c. 199, §4 (NEW).]
[PL 2007, c. 476, §10 (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. 353
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- 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
2. As used in this section, “exercises unauthorized control” includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement.
[PL 2001, c. 383, §33 (RPR); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2001, c. 383, §33 (RPR). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D3 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2005, c. 199, §4 (AMD). PL 2007, c. 476, §10 (AMD).