Maine criminal charge
Theft by unauthorized taking or transfer in Maine
Theft by unauthorized taking or transfer is a criminal offense under Maine law, defined by 17-A M.R.S. § 353. 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. § 353.
What is the penalty for theft by unauthorized taking or transfer in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Basic unauthorized taking or transfer — A person obtains or exercises unauthorized control over another's property with intent to deprive, without any aggravating factor.; 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 (Basic unauthorized taking or transfer — A person obtains or exercises unauthorized control over another's property with intent to deprive, without any aggravating factor.; 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 |
| Jail / prison | up to 364 days (Unauthorized recording of a motion picture in a theater — A person knowingly operates a recording device to copy a motion picture being exhibited in a theater without the theater owner's written consent.; 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 (Unauthorized recording of a motion picture in a theater — A person knowingly operates a recording device to copy a motion picture being exhibited in a theater without the theater owner's written consent.; 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 theft by unauthorized taking or transfer classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Basic unauthorized taking or transfer | Class E Crime | A person obtains or exercises unauthorized control over another's property with intent to deprive, without any aggravating factor. | 17-A M.R.S. § 353(1)(A) |
| Unauthorized recording of a motion picture in a theater | Class D Crime | A person knowingly operates a recording device to copy a motion picture being exhibited in a theater without the theater owner's written consent. | 17-A M.R.S. § 353(1)(C) |
Common questions about theft by unauthorized taking or transfer in Maine
What class of crime is theft by unauthorized taking or transfer in Maine?
It depends on the circumstances: theft by unauthorized taking or transfer ranges from a Class E Crime to a Class D Crime in Maine under 17-A M.R.S. § 353.
Basic unauthorized taking or transfer: Class E Crime (17-A M.R.S. § 353(1)(A)) · Unauthorized recording of a motion picture in a theater: Class D Crime (17-A M.R.S. § 353(1)(C))
What are the penalties for theft by unauthorized taking or transfer in Maine?
Penalties for theft by unauthorized taking or transfer 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 theft by unauthorized taking or transfer?
Theft by unauthorized taking or transfer is governed by 17-A M.R.S. § 353 (Theft by unauthorized taking or transfer).
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.