Maine Theft and Shoplifting Laws

Maine theft laws cover a broad range of illegal conduct, including theft of property or services, receiving stolen property, and shoplifting. Let's take a closer look at these offenses and their penalties.

What Constitutes Theft in Maine?

Maine criminal statutes define theft as "obtaining or exercising unauthorized control over the property of another with intent to deprive the other person of the property." In other words, theft involves taking something that is not yours. Theft can occur through an unauthorized taking or transfer or by deception. A person can steal tangible or intangible personal property, real estate, utilities (like gas and water), lost or mislaid property, and services. Receiving stolen property is another type of theft.

(Me. Rev. Stat. tit. 17-A, §§ 353, 354, 357, 359 (2024).)

How Maine Classifies and Punishes Theft Offenses

Like most states, Maine classifies theft and theft-related offenses according to the dollar value of the property or services involved in the theft. In some instances, the type of property stolen or other facts related to the theft will determine the penalty.

In Maine, class D and E crimes are misdemeanor-level offenses, while class A, B, and C crimes are felony-level crimes. A conviction of theft at any level can result in incarceration, as well as the payment of fines and restitution. Although each level of theft carries a specific maximum fine, Maine law also provides that a judge may order the defendant to pay a higher fine in a theft case—up to two times the amount gained from the offense.

Class E Crime: Theft of $500 or Less

The theft of property or services valued at $500 or less (other than a firearm or explosive) is a class E crime. The punishment for a class E crime can include a fine of up to $1,000, imprisonment for up to six months, or both.

Class D Crime: Theft of $501 to $1,000

Theft is a class D crime if the value of the stolen property or services is more than $500 but not more than $1,000. The punishment for a class D crime can include a fine of up to $2,000, imprisonment for up to 364 days, or both.

Class C Crime: Theft of $1,001 to $10,000

The theft of property or services valued at more than $1,000 but not more than $10,000 is a class C crime. It's also a class C crime when the property or services are worth a $1,000 or less if that person has two or more prior convictions for theft-related offenses.

The punishment for a class C crime can include a fine of up to $5,000, imprisonment for up to five years, or both.

Class B Crime: Theft of More Than $10,000

Theft is a class B crime if:

• the value of the stolen property or services is more than $10,000
• the property stolen is a firearm or an explosive device of any value, or
• the person is armed with a dangerous weapon at the time of the crime.

The punishment for a class B crime can include a fine of up to $20,000, imprisonment for up to 10 years, or both.

(Me. Rev. Stat. tit. 17-A, §§ 353, 354, 357, 359, 1604, 1704, 1706, 2003 (2024).)

Retail Theft (Shoplifting) Penalties in Maine

Like many states, Maine law carries both criminal and civil penalties for retail theft.

Criminal Penalties for Shoplifting

Retail theft (often called shoplifting) carries the same theft penalties as described above.

Additionally, the law provides enhanced penalties for those involved in organized retail theft, which involves two or more retail thefts from two or more stores. A prosecutor must prove these thefts involved a common plan or organization involving two or more individuals who intend to sell the stolen merchandise or seek fraudulent returns from the store. A person involved in organized retail theft can be charged with a class C crime (a felony), regardless of the dollar value of the stolen goods.

Civil Penalties for Shoplifting

In addition to the criminal penalties, a person who commits retail theft in the state of Maine may be civilly liable to the store owner for the following damages:

• the retail price of the merchandise (if the item is not returned in sellable condition), and
• a civil penalty equal to three times the retail price of the merchandise (but not less than $50 or more than $500).

If the court already ordered the defendant to pay restitution to the store owner in a criminal case, that amount must be deducted from the award in the civil case.

(Me. Rev. Stat. tit. 14, § 8302; tit. 17-A, §§ 363, 2012 (2024).)

Talk to a Lawyer

If you've been charged with, or arrested for, a theft-related crime in Maine, contact an experienced criminal defense attorney in your area. A lawyer can explain how the criminal system works, the potential penalties, and your rights. Also, Maine does not expunge criminal records and having a theft conviction might affect future employment, housing opportunities, and financial loans. Make sure to discuss all the possible consequences of a plea bargain or guilty judgment with your attorney before making any decisions.