Maine criminal charge
Unauthorized use of property in Maine
Current through 2026 Maine legislative session
Unauthorized use of property is a criminal offense under Maine law, defined by 17-A M.R.S. § 360. 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. § 360.
What is the penalty for unauthorized use of property in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Unauthorized use of a vehicle — Person takes, operates, or controls a vehicle without owner's consent, or rides in a vehicle knowing it was wrongfully obtained.; 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 use of a vehicle — Person takes, operates, or controls a vehicle without owner's consent, or rides in a vehicle knowing it was wrongfully obtained.; 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 5 years (Unauthorized use of a vehicle — repeat offender — Person violates paragraph A and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct.; 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 (Unauthorized use of a vehicle — repeat offender — Person violates paragraph A and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct.; 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 (Unauthorized use of vehicle in custody for service — Person having custody of a vehicle under a service agreement uses or operates it without consent in a manner grossly deviating from the agreed purpose.; 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 use of vehicle in custody for service — Person having custody of a vehicle under a service agreement uses or operates it without consent in a manner grossly deviating from the agreed purpose.; 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 5 years (Unauthorized use of vehicle in custody for service — repeat offender — Person violates paragraph B and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct.; 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 (Unauthorized use of vehicle in custody for service — repeat offender — Person violates paragraph B and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct.; 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 (Unauthorized retention of rented or borrowed property — Person having custody of property under a rental, lease, or borrower's agreement fails to return it within agreed terms for so long as to constitute a gross deviation from the agreement.; 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 retention of rented or borrowed property — Person having custody of property under a rental, lease, or borrower's agreement fails to return it within agreed terms for so long as to constitute a gross deviation from the agreement.; 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 5 years (Unauthorized retention of rented or borrowed property — repeat offender — Person violates paragraph C and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct.; 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 (Unauthorized retention of rented or borrowed property — repeat offender — Person violates paragraph C and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct.; 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 |
Applies to current (PL 2019, c. 113 recodification).
How is unauthorized use of property classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unauthorized use of a vehicle | Class D Crime | Person takes, operates, or controls a vehicle without owner's consent, or rides in a vehicle knowing it was wrongfully obtained. | 17-A M.R.S. § 360(1)(A) |
| Unauthorized use of a vehicle — repeat offender | Class C Crime | Person violates paragraph A and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct. | 17-A M.R.S. § 360(1)(A-1) |
| Unauthorized use of vehicle in custody for service | Class D Crime | Person having custody of a vehicle under a service agreement uses or operates it without consent in a manner grossly deviating from the agreed purpose. | 17-A M.R.S. § 360(1)(B) |
| Unauthorized use of vehicle in custody for service — repeat offender | Class C Crime | Person violates paragraph B and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct. | 17-A M.R.S. § 360(1)(B-1) |
| Unauthorized retention of rented or borrowed property | Class D Crime | Person having custody of property under a rental, lease, or borrower's agreement fails to return it within agreed terms for so long as to constitute a gross deviation from the agreement. | 17-A M.R.S. § 360(1)(C) |
| Unauthorized retention of rented or borrowed property — repeat offender | Class C Crime | Person violates paragraph C and has 2 or more prior convictions for specified theft-related Maine offenses or substantially similar out-of-state conduct. | 17-A M.R.S. § 360(1)(D) |
Common questions about unauthorized use of property in Maine
What class of crime is unauthorized use of property in Maine?
It depends on the circumstances: unauthorized use of property ranges from a Class D Crime to a Class C Crime in Maine under 17-A M.R.S. § 360.
Unauthorized use of a vehicle: Class D Crime (17-A M.R.S. § 360(1)(A)) · Unauthorized use of a vehicle — repeat offender: Class C Crime (17-A M.R.S. § 360(1)(A-1)) · Unauthorized use of vehicle in custody for service: Class D Crime (17-A M.R.S. § 360(1)(B)) · Unauthorized use of vehicle in custody for service — repeat offender: Class C Crime (17-A M.R.S. § 360(1)(B-1)) · Unauthorized retention of rented or borrowed property: Class D Crime (17-A M.R.S. § 360(1)(C)) · Unauthorized retention of rented or borrowed property — repeat offender: Class C Crime (17-A M.R.S. § 360(1)(D))
What are the penalties for unauthorized use of property in Maine?
Penalties for unauthorized use of property 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 unauthorized use of property?
Unauthorized use of property is governed by 17-A M.R.S. § 360 (Unauthorized use 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.