Maine criminal charge
Failure to disperse in Maine
Failure to disperse is a criminal offense under Maine law, defined by 17-A M.R.S. § 502. 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. § 502.
What is the penalty for failure to disperse in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Failure to disperse — participant in disorderly conduct — The person knowingly fails to comply with a dispersal order while being a participant in the course of disorderly conduct.; 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 (Failure to disperse — participant in disorderly conduct — The person knowingly fails to comply with a dispersal order while being a participant in the course of disorderly conduct.; 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 |
| Jail / prison | up to 6 months (Failure to disperse — bystander in immediate vicinity — The person knowingly fails to comply with a dispersal order while merely being in the immediate vicinity of the disorderly conduct rather than a participant.; statutory default maximum (17-A M.R.S. §1604(1)(E)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $1,000 (Failure to disperse — bystander in immediate vicinity — The person knowingly fails to comply with a dispersal order while merely being in the immediate vicinity of the disorderly conduct rather than a participant.; maximum for an individual (17-A M.R.S. §1704(5)); 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 failure to disperse classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to disperse — participant in disorderly conduct | Class D Crime | The person knowingly fails to comply with a dispersal order while being a participant in the course of disorderly conduct. | 17-A M.R.S. § 502(2)(A) |
| Failure to disperse — bystander in immediate vicinity | Class E Crime | The person knowingly fails to comply with a dispersal order while merely being in the immediate vicinity of the disorderly conduct rather than a participant. | 17-A M.R.S. § 502(2)(B) |
Common questions about failure to disperse in Maine
What class of crime is failure to disperse in Maine?
It depends on the circumstances: failure to disperse ranges from a Class E Crime to a Class D Crime in Maine under 17-A M.R.S. § 502.
Failure to disperse — participant in disorderly conduct: Class D Crime (17-A M.R.S. § 502(2)(A)) · Failure to disperse — bystander in immediate vicinity: Class E Crime (17-A M.R.S. § 502(2)(B))
What are the penalties for failure to disperse in Maine?
Penalties for failure to disperse in Maine depend on how it is classified — from a Class E Crime up to a Class D 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 failure to disperse?
Failure to disperse is governed by 17-A M.R.S. § 502 (Failure to disperse).
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.