Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 102 (2026)

Public duty

✓ current as of May 2026

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1. Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing the execution of legal process or of military duty; and the judgments or orders of courts or other public tribunals.

[PL 1975, c. 499, §1 (NEW).]

2. The justification afforded by this section to public servants is not precluded:

A. By the fact that the law, order or process was defective provided it appeared valid on its face and the defect was not knowingly caused or procured by such public servant; or, [PL 1975, c. 499, §1 (NEW).]

B. As to persons assisting public servants, by the fact that the public servant to whom assistance was rendered exceeded the public servant's legal authority or that there was a defect of jurisdiction in the legal process or decree of the court or tribunal, provided the person believed the public servant to be engaged in the performance of the public servant's duties or that the legal process or court decree was competent. [PL 2007, c. 173, §16 (AMD).]

[PL 2007, c. 173, §16 (AMD).]

SECTION HISTORY

PL 1975, c. 499, §1 (NEW). PL 2007, c. 173, §16 (AMD).

Notes of Decisions

Cited in 4 cases, 1985–1997 · leading case: State v. Dansinger, 521 A.2d 685 (Me. 1987).

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State v. Dansinger, 521 A.2d 685 (Me. 1987). · cites it 2× “[3] 17-A M.R.S.A. § 102(1) provides: Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the…”

State v. Davis, 528 A.2d 1267 (Me. 1987). · cites it 2× “§ 101(3) (1983) and the defenses under 17-A M.R.S.A. §§ 102, 104 and 105 (1983) (public duty, use of force in defense of premises and use of force in property offenses).”

State v. Thorne, 490 A.2d 646 (Me. 1985). “Since the intruder was a police officer, the State contended that his entry could not have been a criminal trespass because it was justified under 17-A M.R.S.A. § 102. The trial court formulated instructions that, in effect, struck a balance between the two sections.”

State v. Allison, 692 A.2d 936 (Me. 1997). · cites it 2× “Moreover, Allison contends that her actions were justified pursuant to 17-A M.R.S.A. § 102 (1988). We review the denial of a motion for acquittal by deciding “whether, viewing the evidence as a whole from the standpoint most favorable to the State, the jury rationally could not…”

— Me. Rev. Stat. tit. 17-A, § 102(1) — 1 case

State v. Dansinger, 521 A.2d 685 (Me. 1987). “[3] 17-A M.R.S.A. § 102(1) provides: Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the…”

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