Maine criminal charge
Theft by misapplication of property in Maine
Theft by misapplication of property is a criminal offense under Maine law, defined by 17-A M.R.S. § 358. 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. § 358.
What is the penalty for theft by misapplication of property in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Theft by misapplication of property — base offense — A person obtains property or personal services subject to an obligation to make a specified payment or disposition and intentionally or recklessly fails to do so, dealing with the property as their own.; 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 (Theft by misapplication of property — base offense — A person obtains property or personal services subject to an obligation to make a specified payment or disposition and intentionally or recklessly fails to do so, dealing with the property as their own.; 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 theft by misapplication of property classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft by misapplication of property — base offense | Class E Crime | A person obtains property or personal services subject to an obligation to make a specified payment or disposition and intentionally or recklessly fails to do so, dealing with the property as their own. | 17-A M.R.S. § 358(1)(A) |
Common questions about theft by misapplication of property in Maine
What class of crime is theft by misapplication of property in Maine?
What are the penalties for theft by misapplication of property in Maine?
Penalties for theft by misapplication of property in Maine depend on how it is classified — from a Class E Crime up to a Class E 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 theft by misapplication of property?
Theft by misapplication of property is governed by 17-A M.R.S. § 358 (Theft by misapplication of property).
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.