Maine criminal charge
Criminal restraint by parent in Maine
Criminal restraint by parent is a criminal offense under Maine law, defined by 17-A M.R.S. § 303. Its classification is not fixed: Maine assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by 17-A M.R.S. § 303.
What is the penalty for criminal restraint by parent in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Restraint of child under 16 by parent from in-state custodian — The child has not attained 16 years of age and is taken, retained, or enticed from the custody of the child's other parent, guardian, or other lawful custodian with intent to remove the child from the state or secrete and hide the child.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Restraint of child under 16 by parent from in-state custodian — The child has not attained 16 years of age and is taken, retained, or enticed from the custody of the child's other parent, guardian, or other lawful custodian with intent to remove the child from the state or secrete and hide the child.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Restraint of child under 16 residing in another state — The child resides in another state, has not attained 16 years of age, and is taken, retained, or enticed from the custody of a custodian whose authority was established by a Maine court, with intent to remove the child from that state or secrete and hide the child.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Restraint of child under 16 residing in another state — The child resides in another state, has not attained 16 years of age, and is taken, retained, or enticed from the custody of a custodian whose authority was established by a Maine court, with intent to remove the child from that state or secrete and hide the child.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 364 days (Restraint of 16 or 17 year old from department custody — The child is 16 or 17 years old and is taken, retained, or enticed from the custody of the Department of Corrections or the Department of Health and Human Services with intent to remove the child from the state or secrete and hide the child.; the statutory maximum is 'less than one year' (17-A M.R.S. §1604(1)(D)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $2,000 (Restraint of 16 or 17 year old from department custody — The child is 16 or 17 years old and is taken, retained, or enticed from the custody of the Department of Corrections or the Department of Health and Human Services with intent to remove the child from the state or secrete and hide the child.; maximum for an individual (17-A M.R.S. §1704(4)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
Applies to current (PL 2019, c. 113 recodification).
How is criminal restraint by parent classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Restraint of child under 16 by parent from in-state custodian | Class C Crime | The child has not attained 16 years of age and is taken, retained, or enticed from the custody of the child's other parent, guardian, or other lawful custodian with intent to remove the child from the state or secrete and hide the child. | 17-A M.R.S. § 303(1)(A) |
| Restraint of child under 16 residing in another state | Class C Crime | The child resides in another state, has not attained 16 years of age, and is taken, retained, or enticed from the custody of a custodian whose authority was established by a Maine court, with intent to remove the child from that state or secrete and hide the child. | 17-A M.R.S. § 303(1)(B) |
| Restraint of 16 or 17 year old from department custody | Class D Crime | The child is 16 or 17 years old and is taken, retained, or enticed from the custody of the Department of Corrections or the Department of Health and Human Services with intent to remove the child from the state or secrete and hide the child. | 17-A M.R.S. § 303(1)(C) |
Common questions about criminal restraint by parent in Maine
What class of crime is criminal restraint by parent in Maine?
It depends on the circumstances: criminal restraint by parent ranges from a Class D Crime to a Class C Crime in Maine under 17-A M.R.S. § 303.
Restraint of child under 16 by parent from in-state custodian: Class C Crime (17-A M.R.S. § 303(1)(A)) · Restraint of child under 16 residing in another state: Class C Crime (17-A M.R.S. § 303(1)(B)) · Restraint of 16 or 17 year old from department custody: Class D Crime (17-A M.R.S. § 303(1)(C))
What are the penalties for criminal restraint by parent in Maine?
Penalties for criminal restraint by parent in Maine depend on how it is classified — from a Class D Crime up to a Class C Crime — with the ranges set by 17-A M.R.S. § 1604; the full table of ranges by variant is published on this page.
Which Maine statute covers criminal restraint by parent?
Criminal restraint by parent is governed by 17-A M.R.S. § 303 (Criminal restraint by parent).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.