Maine statute
17-A M.R.S. § 12 — De minimis infractions
Current through First Special Session of the 132nd Maine Legislature (current through October 1, 2025)
Part of Chapter 1: Preliminary, Maine Revised Statutes.
Full text of 17-A M.R.S. § 12
Statutory text current through the First Special Session of the 132nd Maine Legislature (current through October 1, 2025). This publication reproduces the statutory text of the Maine Revised Statutes from the Revisor of Statutes' official published files; it is not the official statutes of the State of Maine and has not been certified by the Secretary of State.
1. The court may dismiss a prosecution if, upon notice to or motion of the prosecutor and opportunity to be heard, having regard to the nature of the conduct alleged and the nature of the attendant circumstances, it finds the defendant's conduct:
A. Was within a customary license or tolerance, which was not expressly refused by the person whose interest was infringed and which is not inconsistent with the purpose of the law defining the crime; or
B. Did not actually cause or threaten the harm sought to be prevented by the law defining the crime or did so only to an extent too trivial to warrant the condemnation of conviction; or
C. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in defining the crime.
2. The court shall not dismiss a prosecution under this section without filing a written statement of its reasons.
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