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

Me. Rev. Stat. tit. 17-A, § 108 (2026)

Physical force in defense of a person

✓ current as of May 2026
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1.  A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a degree of such force that the person reasonably believes to be necessary for such purpose. However, such force is not justifiable if:  
A. With a purpose to cause physical harm to another person, the person provoked the use of unlawful, nondeadly force by such other person; or   [PL 2007, c. 173, §24 (AMD).]
B. The person was the initial aggressor, unless after such aggression the person withdraws from the encounter and effectively communicates to such other person the intent to do so, but the other person notwithstanding continues the use or threat of unlawful, nondeadly force; or   [PL 2007, c. 173, §24 (AMD).]
C. The force involved was the product of a combat by agreement not authorized by law.   [PL 1975, c. 499, §1 (NEW).]
[PL 2007, c. 173, §24 (AMD).]
1-A.  A person is not justified in using nondeadly force against another person who that person knows or reasonably should know is a law enforcement officer attempting to effect an arrest or detention, regardless of whether the arrest or detention is legal. A person is justified in using the degree of nondeadly force the person reasonably believes is necessary to defend the person or a 3rd person against a law enforcement officer who, in effecting an arrest or detention, uses nondeadly force not justified under section 107, subsection 1.  
[PL 1997, c. 351, §1 (NEW).]
2.  A person is justified in using deadly force upon another person:  
A. When the person reasonably believes it necessary and reasonably believes such other person is:  
(1) About to use unlawful, deadly force against the person or a 3rd person; or  
(2) Committing or about to commit a kidnapping, robbery or a violation of section 253, subsection 1, paragraph A, against the person or a 3rd person; or   [PL 1989, c. 878, Pt. B, §15 (AMD).]
B. When the person reasonably believes:  
(1) That such other person has entered or is attempting to enter a dwelling place or has surreptitiously remained within a dwelling place without a license or privilege to do so; and  
(2) That deadly force is necessary to prevent the infliction of bodily injury by such other person upon the person or a 3rd person present in the dwelling place;   [PL 2007, c. 173, §24 (AMD).]
C. However, a person is not justified in using deadly force as provided in paragraph A if:  
(1) With the intent to cause physical harm to another, the person provokes such other person to use unlawful deadly force against anyone;  
(2) The person knows that the person against whom the unlawful deadly force is directed intentionally and unlawfully provoked the use of such force; or  
(3) The person knows that the person or a 3rd person can, with complete safety:  
(a) Retreat from the encounter, except that the person or the 3rd person is not required to retreat if the person or the 3rd person is in the person's dwelling place and was not the initial aggressor;  
(b) Surrender property to a person asserting a colorable claim of right thereto; or  
(c) Comply with a demand that the person abstain from performing an act that the person is not obliged to perform.   [PL 2007, c. 173, §24 (AMD).]
[PL 2007, c. 173, §24 (AMD).]
3.  A person is not justified in using force against another based solely on the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the person or in which the person and victim dated or had a romantic or sexual relationship.  
[PL 2019, c. 462, §2 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §34 (AMD). PL 1979, c. 701, §19 (AMD). PL 1989, c. 878, §B15 (AMD). PL 1997, c. 351, §1 (AMD). PL 2007, c. 173, §24 (AMD). PL 2019, c. 462, §2 (AMD).
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Notes of Decisions
Cited in 96 cases (10 in the last 5 years), 1976–2025 · leading case: State v. Pabon, 2011 ME 100 (Me. 2011).
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State v. Pabon, 2011 ME 100 (Me. 2011). · cites it 12× “[¶ 14] The court instructed the jury on self-defense based on 17-A M.R.S. § 108(2) (2010), [1] including the explanation that "a person is justified in using deadly force upon another person in order to defend *1151 himself when .”
State of Maine v. Victoria Scott, 2019 ME 105 (Me. 2019). · cites it 6× “” 17-A M.R.S. § 108(2)(A)(1) (2018). A person is not, however, justified in using deadly force if she “provokes such other person to use unlawful deadly force” while intending to cause physical harm, or she knows she can “[r]etreat from the encounter” in “complete safety.”
State v. Ouellette, 37 A.3d 921 (Me. 2012). · cites it 4× “1 17-A M.R.S. § 108 (2011). Like *926 other justifications, self-defense “represents a legal acknowledgement that the harm caused by otherwise criminal conduct is, under special justifying circumstances, outweighed by the need to avoid an even greater harm or to further a…”
State of Maine v. Mark Cardilli Jr., 2021 ME 31 (Me. 2021). · cites it 7× “or privileged to enter or had surreptitiously remained in the Cardilli home and that Cardilli needed to shoot Muse to prevent him from inflicting bodily injury as that phrase 9 is used in section 108(2)(B)—were gross deviations from what a reasonable and prudent person would…”
State v. Smith, 472 A.2d 948 (Me. 1984). · cites it 5× “2d 746, 749 (1956); see 17-A M.R.S.A. § 108 (1983). The photographs of Chandler demonstrated the number and force of the blows Smith struck, which in turn tended to establish the unreasonableness of the force used.”
State of Maine v. Jason J. Weaver, 2016 ME 12 (Me. 2016). · cites it 2× “[¶ 7] The parties agreed that the evidence generated a self-defense instruction, See 17-A M.R.S. § 108 (2015). After explaining the elements of aggravated assault and the lesser included offense of simple assault, the court addressed self-defense as follows: Now, before you can…”
State v. Michaud, 1998 ME 251 (Me. 1998). · cites it 2× “17-A M.R.S.A. § 108 (1983 & Supp.1998) provides in pertinent part: 2.”
State v. Lagasse, 410 A.2d 537 (Me. 1980). · cites it 2× “The flaw in the defendant’s reasoning is that merely because there is evidence sufficient to generate an issue does not mean the jury is compelled to believe that evidence.”
State v. White, 2002 ME 122 (Me. 2002). · cites it 2× “” 17-A M.R.S.A. § 108(2)(C)(1)’ (1983). 2 He contends that the court’s instruction im *1149 plies that any provocation could nullify a defendant’s claim to self-defense.”
State v. Mann, 868 A.2d 183 (Me. 2005). · cites it 4× “2004) when it told the jury, “the State, as you know, bears the burden of proof on all elements, including if the — regarding the justification of self-defense to disprove its existence.”
State v. Thurston, 2009 ME 41 (Me. 2009). · cites it 6× “When the evidence is sufficient to raise the issue of self-defense pursuant to 17-A M.R.S. § 108(1) (2008), [2] the court must give a self-defense instruction.”
State of Maine v. Merrill Kimball, 2016 ME 75 (Me. 2016). · cites it 2× “See 17-A M.R.S. §§ 108(2), 201, 203 (2015); State v.”
Show all 96 citing cases →
— Me. Rev. Stat. tit. 17-A, § 108(1) — 24 cases
State v. Mann, 868 A.2d 183 (Me. 2005). “2004) when it told the jury, “the State, as you know, bears the burden of proof on all elements, including if the — regarding the justification of self-defense to disprove its existence.”
State v. Thurston, 2009 ME 41 (Me. 2009). “When the evidence is sufficient to raise the issue of self-defense pursuant to 17-A M.R.S. § 108(1) (2008), [2] the court must give a self-defense instruction.”
State v. Smith, 472 A.2d 948 (Me. 1984). “2d 746, 749 (1956); see 17-A M.R.S.A. § 108 (1983). The photographs of Chandler demonstrated the number and force of the blows Smith struck, which in turn tended to establish the unreasonableness of the force used.”
State v. Ouellette, 37 A.3d 921 (Me. 2012). “1 17-A M.R.S. § 108 (2011). Like *926 other justifications, self-defense “represents a legal acknowledgement that the harm caused by otherwise criminal conduct is, under special justifying circumstances, outweighed by the need to avoid an even greater harm or to further a…”
State v. Cleaves, 874 A.2d 872 (Me. 2005).
— Me. Rev. Stat. tit. 17-A, § 108(1)(A) — 2 cases
State v. McMahan, 2000 ME 200 (Me. 2000).
George v. Farrar (Me. Super. Ct 2001).
— Me. Rev. Stat. tit. 17-A, § 108(1)(B) — 1 case
State v. Hanna, 485 A.2d 660 (Me. 1984).
— Me. Rev. Stat. tit. 17-A, § 108(1)(b) — 1 case
State v. Smith, 472 A.2d 948 (Me. 1984). “2d 746, 749 (1956); see 17-A M.R.S.A. § 108 (1983). The photographs of Chandler demonstrated the number and force of the blows Smith struck, which in turn tended to establish the unreasonableness of the force used.”
— Me. Rev. Stat. tit. 17-A, § 108(2) — 10 cases
State v. Pabon, 2011 ME 100 (Me. 2011). “[¶ 14] The court instructed the jury on self-defense based on 17-A M.R.S. § 108(2) (2010), [1] including the explanation that "a person is justified in using deadly force upon another person in order to defend *1151 himself when .”
State v. Ouellette, 37 A.3d 921 (Me. 2012). “1 17-A M.R.S. § 108 (2011). Like *926 other justifications, self-defense “represents a legal acknowledgement that the harm caused by otherwise criminal conduct is, under special justifying circumstances, outweighed by the need to avoid an even greater harm or to further a…”
State of Maine v. Merrill Kimball, 2016 ME 75 (Me. 2016). “See 17-A M.R.S. §§ 108(2), 201, 203 (2015); State v.”
State v. Crocker, 506 A.2d 209 (Me. 1986).
State v. Cannell, 2007 ME 30 (Me. 2007).
— Me. Rev. Stat. tit. 17-A, § 108(2)(A) — 4 cases
State v. Roberts, 2008 ME 112 (Me. 2008).
State of Maine v. Mark Cardilli Jr., 2021 ME 31 (Me. 2021). “or privileged to enter or had surreptitiously remained in the Cardilli home and that Cardilli needed to shoot Muse to prevent him from inflicting bodily injury as that phrase 9 is used in section 108(2)(B)—were gross deviations from what a reasonable and prudent person would…”
Cardilli v. State of Maine (Me. Super. Ct 2023).
Mark Cardilli Jr. v. State of Maine, 2024 ME 25 (Me. 2024).
— Me. Rev. Stat. tit. 17-A, § 108(2)(A)(1) — 18 cases
State v. Pabon, 2011 ME 100 (Me. 2011). “[¶ 14] The court instructed the jury on self-defense based on 17-A M.R.S. § 108(2) (2010), [1] including the explanation that "a person is justified in using deadly force upon another person in order to defend *1151 himself when .”
State v. Lagasse, 410 A.2d 537 (Me. 1980). “The flaw in the defendant’s reasoning is that merely because there is evidence sufficient to generate an issue does not mean the jury is compelled to believe that evidence.”
State of Maine v. Victoria Scott, 2019 ME 105 (Me. 2019). “” 17-A M.R.S. § 108(2)(A)(1) (2018). A person is not, however, justified in using deadly force if she “provokes such other person to use unlawful deadly force” while intending to cause physical harm, or she knows she can “[r]etreat from the encounter” in “complete safety.”
State v. Michaud, 1998 ME 251 (Me. 1998). “17-A M.R.S.A. § 108 (1983 & Supp.1998) provides in pertinent part: 2.”
State v. Philbrick, 481 A.2d 488 (Me. 1984).
— Me. Rev. Stat. tit. 17-A, § 108(2)(A)(2) — 6 cases
State of Maine v. Marcus Asante, 2020 ME 90 (Me. 2020).
State v. Philbrick, 436 A.2d 844 (Me. 1981).
State v. Graham, 845 A.2d 558 (Me. 2004).
State v. Philbrick, 481 A.2d 488 (Me. 1984).
State v. Philbrick, 402 A.2d 59 (Me. 1979).
— Me. Rev. Stat. tit. 17-A, § 108(2)(B) — 3 cases
State of Maine v. Mark Cardilli Jr., 2021 ME 31 (Me. 2021). “or privileged to enter or had surreptitiously remained in the Cardilli home and that Cardilli needed to shoot Muse to prevent him from inflicting bodily injury as that phrase 9 is used in section 108(2)(B)—were gross deviations from what a reasonable and prudent person would…”
State v. Sprague, 617 A.2d 564 (Me. 1992).
Mark Cardilli Jr. v. State of Maine, 2024 ME 25 (Me. 2024).
— Me. Rev. Stat. tit. 17-A, § 108(2)(B)(2) — 1 case
State of Maine v. Mark Cardilli Jr., 2021 ME 31 (Me. 2021). “or privileged to enter or had surreptitiously remained in the Cardilli home and that Cardilli needed to shoot Muse to prevent him from inflicting bodily injury as that phrase 9 is used in section 108(2)(B)—were gross deviations from what a reasonable and prudent person would…”
— Me. Rev. Stat. tit. 17-A, § 108(2)(C) — 4 cases
State of Maine v. Jomo White, 2022 ME 54 (Me. 2022).
State v. Rainey, 580 A.2d 682 (Me. 1990).
State v. Uffelman, 626 A.2d 340 (Me. 1993).
State v. Savage, 573 A.2d 25 (Me. 1990).
— Me. Rev. Stat. tit. 17-A, § 108(2)(C)(1) — 4 cases
State of Maine v. Victoria Scott, 2019 ME 105 (Me. 2019). “” 17-A M.R.S. § 108(2)(A)(1) (2018). A person is not, however, justified in using deadly force if she “provokes such other person to use unlawful deadly force” while intending to cause physical harm, or she knows she can “[r]etreat from the encounter” in “complete safety.”
State v. White, 2002 ME 122 (Me. 2002). “” 17-A M.R.S.A. § 108(2)(C)(1)’ (1983). 2 He contends that the court’s instruction im *1149 plies that any provocation could nullify a defendant’s claim to self-defense.”
State v. Sullivan, 1997 ME 71 (Me. 1997).
State v. Beal, 446 A.2d 405 (Me. 1982).
— Me. Rev. Stat. tit. 17-A, § 108(2)(C)(2) — 1 case
State v. Daley, 440 A.2d 1053 (Me. 1982).
— Me. Rev. Stat. tit. 17-A, § 108(2)(C)(3)(a) — 8 cases
State v. Pabon, 2011 ME 100 (Me. 2011). “[¶ 14] The court instructed the jury on self-defense based on 17-A M.R.S. § 108(2) (2010), [1] including the explanation that "a person is justified in using deadly force upon another person in order to defend *1151 himself when .”
State of Maine v. Victoria Scott, 2019 ME 105 (Me. 2019). “” 17-A M.R.S. § 108(2)(A)(1) (2018). A person is not, however, justified in using deadly force if she “provokes such other person to use unlawful deadly force” while intending to cause physical harm, or she knows she can “[r]etreat from the encounter” in “complete safety.”
State v. Sullivan, 1997 ME 71 (Me. 1997).
State v. Linnell, 408 A.2d 693 (Me. 1979).
State of Maine v. Keara M. Bernier, 2025 ME 14 (Me. 2025).
— Me. Rev. Stat. tit. 17-A, § 108(2)(C)(8)(a) — 1 case
State v. Pabon, 2011 ME 100 (Me. 2011). “[¶ 14] The court instructed the jury on self-defense based on 17-A M.R.S. § 108(2) (2010), [1] including the explanation that "a person is justified in using deadly force upon another person in order to defend *1151 himself when .”
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