Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 107 (2026)

Physical force in law enforcement

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  A law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person:  
A. When and to the extent that the officer reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person, unless the officer knows that the arrest or detention is illegal; or   [PL 2003, c. 143, §3 (AMD).]
B. In self-defense or to defend a 3rd person from what the officer reasonably believes to be the imminent use of unlawful nondeadly force encountered while attempting to effect such an arrest or while seeking to prevent such an escape.   [PL 2007, c. 173, §23 (AMD).]
[PL 2007, c. 173, §23 (AMD).]
2.  A law enforcement officer is justified in using deadly force only when the officer reasonably believes such force is necessary:  
A. For self-defense or to defend a 3rd person from what the officer reasonably believes is the imminent use of unlawful deadly force; or   [PL 2007, c. 173, §23 (AMD).]
B. To effect an arrest or prevent the escape from arrest of a person when the law enforcement officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay; and  
(1) The law enforcement officer has made reasonable efforts to advise the person that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest and the officer has reasonable grounds to believe that the person is aware of this advice; or  
(2) The law enforcement officer reasonably believes that the person to be arrested otherwise knows that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest.  
For purposes of this paragraph, "a reasonable belief that another has committed a crime involving use or threatened use of deadly force" means such reasonable belief in facts, circumstances and the law that, if true, would constitute such an offense by that person. If the facts and circumstances reasonably believed would not constitute such an offense, an erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to make an arrest or prevent an escape.   [PL 2007, c. 173, §23 (AMD).]
[PL 2007, c. 173, §23 (AMD).]
3.  A private person who has been directed by a law enforcement officer to assist the officer in effecting an arrest or preventing an escape from custody is justified in using:  
A. A reasonable degree of nondeadly force when and to the extent that the private person reasonably believes such to be necessary to carry out the officer's direction, unless the private person believes the arrest is illegal; or   [PL 2003, c. 143, §3 (AMD).]
B. Deadly force only when the private person reasonably believes such to be necessary for self-defense or to defend a 3rd person from what the private person reasonably believes to be the imminent use of unlawful deadly force, or when the law enforcement officer directs the private person to use deadly force and the private person believes the officer is authorized to use deadly force under the circumstances.   [PL 2007, c. 173, §23 (AMD).]
[PL 2007, c. 173, §23 (AMD).]
4.  A private person acting on that private person's own is justified in using:  
A. A reasonable degree of nondeadly force upon another person when and to the extent that the private person reasonably believes it necessary to effect an arrest or detention that is lawful for the private person to make or prevent the escape from such an arrest or detention; or   [PL 2007, c. 173, §23 (AMD).]
B. Deadly force only when the private person reasonably believes such force is necessary:  
(1) To defend the person or a 3rd person from what the private citizen reasonably believes to be the imminent use of unlawful deadly force; or  
(2) To effect a lawful arrest or prevent the escape from such arrest of a person who in fact:  
(a) Has committed a crime involving the use or threatened use of deadly force, or is using a dangerous weapon in attempting to escape; and  
(b) The private citizen has made reasonable efforts to advise the person that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest and has reasonable grounds to believe the person is aware of this advice or the citizen reasonably believes that the person to be arrested otherwise knows that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest.   [PL 2003, c. 143, §3 (AMD).]
[PL 2007, c. 173, §23 (AMD).]
5. 
[PL 2025, c. 429, §3 (RP).]
5-A. 
[PL 2025, c. 429, §4 (RP).]
6. 
[PL 1975, c. 740, §32 (RP).]
7.  Use of force that is not justifiable under this section in effecting an arrest does not render illegal an arrest that is otherwise legal and the use of such unjustifiable force does not render inadmissible anything seized incident to a legal arrest.  
[PL 1975, c. 499, §1 (NEW).]
8.  Nothing in this section constitutes justification for conduct by a law enforcement officer or a private person amounting to an offense against innocent persons whom the officer or private person is not seeking to arrest or retain in custody.  
[PL 2003, c. 143, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§28-33 (AMD). PL 1979, c. 512, §23 (AMD). PL 1989, c. 18, §§2,3 (AMD). PL 1989, c. 502, §§C5,C6 (AMD). PL 1995, c. 215, §§2,3 (AMD). PL 2003, c. 143, §3 (AMD). PL 2007, c. 173, §23 (AMD). PL 2025, c. 429, §§3, 4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Notes of Decisions
Cited in 19 cases, 1976–2018 · leading case: Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976).
Sort: Relevance Newest Treatment
Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976). · cites it 4× “17-A MRSA § 107, sub-§ 2, ¶ B, sub-]] (2), as enacted by PL r975 c- 499, § 1, is amended to read: (2) He had made reasonable efforts to advise the person that he is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest and has reasonable…”
State v. Boilard, 488 A.2d 1380 (Me. 1985). · cites it 2× “[2] 17-A M.R.S.A. § 107, in pertinent parts, provides: 1.”
State of Maine v. Nicholas Begin, 2015 ME 86 (Me. 2015). · cites it 2× “See 17-A M.R.S. § 107(1) (2014). [¶ 9] Then, on redirect, the State asked Vierling about “the Webster Street incident.”
Comfort v. Town of Pittsfield, 924 F. Supp. 1219 (D. Me. 1996). · cites it 2× “Specifically Comfort pleads claims under: (1) the Fourth, Fifth and Fourteenth Amendments to the United States Constitution, (2) Article 1, §§ 1, 6 and 6-A of the Maine Constitution, 13 and (3) 15 M.R.S.A. § 704 (entitled, “Arrests without a warrant; liability”), 17 M.”
State v. Leone, 581 A.2d 394 (Me. 1990). · cites it 2× “[3] See 17-A M.R.S.A. § 107(4)(B)(1) (1983 & Supp.”
State v. Dumond, 2000 ME 95 (Me. 2000). · cites it 3× “The interplay of 17-A M.R.S.A. §§ 107(1) 3 & 108(1-A) 4 now limits a citizen’s ability to respond with force to an arrest.”
Napier v. Town of Windham, 187 F.3d 177 (1st Cir. 1999). “See 17-A M.R.S.A. § 107(2)(a). Napier’s convictions established that Napier: (1) threatened Richard with a dangerous weapon, and (2) placed him at risk of serious bodily injury.”
Dimmitt v. Ockenfels, 220 F.R.D. 116 (D. Me. 2004). “17-A M.R.S.A. §§ 107 and 108, the other statutes cited in the amended complaint, establish affirmative defenses to a claim of use of excessive force; they do not create independent causes of action themselves.”
Leach v. Betters, 599 A.2d 424 (Me. 1991). “When and to the extent that he reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person, unless he knows that the arrest or detention is illegal; or [[Image here]] 17-A M.R.S.A. § 107 (1983).”
McPherson v. Auger, 842 F. Supp. 25 (D. Me. 1994). “Further, Officer Auger has the discretion under Maine law to use a reasonable degree of force when making an arrest, 17-A M.R.S.A. § 107, and is entitled to immunity for his actions while making an arrest so long as he avoids “wanton or oppressive” conduct.”
State v. French, 179 A.3d 303 (Me. 2018). “) [¶ 12] In other words, pursuant to the plain language of this statute, the only circumstance where a citizen may be entitled to use nondeadly force against a law enforcement officer who is arresting or detaining someone, or is attempting to do so, is for the purpose of…”
State v. Judkins, 440 A.2d 355 (Me. 1982). “17-A M.R.S.A. § 107 provides that a law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person when he reasonably believes it necessary to effect an arrest unless he knows that the arrest is illegal.”
Show all 19 citing cases →
Me. Rev. Stat. tit. 17-A, § 107(1): 5 cases
State of Maine v. Nicholas Begin, 2015 ME 86 (Me. 2015). “See 17-A M.R.S. § 107(1) (2014). [¶ 9] Then, on redirect, the State asked Vierling about “the Webster Street incident.”
State v. Dumond, 2000 ME 95 (Me. 2000). “The interplay of 17-A M.R.S.A. §§ 107(1) 3 & 108(1-A) 4 now limits a citizen’s ability to respond with force to an arrest.”
State v. French, 179 A.3d 303 (Me. 2018). “) [¶ 12] In other words, pursuant to the plain language of this statute, the only circumstance where a citizen may be entitled to use nondeadly force against a law enforcement officer who is arresting or detaining someone, or is attempting to do so, is for the purpose of…”
Fournier v. Joyce, 753 F. Supp. 989 (D. Me. 1990).
State of Maine v. Gadson (Me. Super. Ct 2017).
Me. Rev. Stat. tit. 17-A, § 107(1)(A): 1 case
Smith v. Jackson, 463 F. Supp. 2d 72 (D. Me. 2006).
Me. Rev. Stat. tit. 17-A, § 107(2)(a): 1 case
Napier v. Town of Windham, 187 F.3d 177 (1st Cir. 1999). “See 17-A M.R.S.A. § 107(2)(a). Napier’s convictions established that Napier: (1) threatened Richard with a dangerous weapon, and (2) placed him at risk of serious bodily injury.”
Me. Rev. Stat. tit. 17-A, § 107(4)(B)(1): 1 case
State v. Leone, 581 A.2d 394 (Me. 1990). “[3] See 17-A M.R.S.A. § 107(4)(B)(1) (1983 & Supp.”
Me. Rev. Stat. tit. 17-A, § 107(4)(B)(2): 1 case
State v. Thomas, 507 A.2d 1051 (Me. 1986).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.