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

Me. Rev. Stat. tit. 17-A, § 13-A (2026)

Included offenses

✓ current as of May 2026
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1.  The court shall not instruct the jury to consider, nor shall the court as factfinder consider, a lesser included offense, as defined in subsection 2, unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense. If a rational basis exists, the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter within the discretion of the court.  
[PL 1979, c. 512, §21 (NEW).]
2.  For purposes of this section, a lesser included offense is an offense carrying a lesser penalty which:  
A. As legally defined, must necessarily be committed when the offense or alternative thereof actually charged, as legally defined, is committed. If the lesser offense is defined in a manner that it may be committed in alternative ways, each alternative which meets the above definition shall be deemed to be a lesser included offense. Facts which are a basis for sentencing classification of either the crime charged or the lesser crime shall be considered alternatives of those crimes;   [PL 1979, c. 512, §21 (NEW).]
B. Meets the requirements of paragraph A, except that a culpable state of mind is required which is different than that charged but which results in lesser criminal liability; or   [PL 1979, c. 512, §21 (NEW).]
C. Is by statute expressly declared to be charged when the greater offense is charged.   [PL 1979, c. 512, §21 (NEW).]
[PL 1979, c. 512, §21 (NEW).]
3.  The court in its discretion may instruct the jury to consider, or may as factfinder consider, any other offense or another alternative of the offense charged, although that other offense or alternative is not a lesser included offense, if:  
A. On the basis of the evidence, there is a rational basis for finding the defendant guilty of the other offense;   [PL 1979, c. 512, §21 (NEW).]
B. The other offense does not carry a greater penalty than the offense charged;   [PL 1979, c. 512, §21 (NEW).]
C. Both the State and the defendant consent to the consideration of the other offenses by the factfinder; and   [PL 1979, c. 512, §21 (NEW).]
D. The defendant waives any applicable right to an indictment for the other offense.   [PL 1979, c. 512, §21 (NEW).]
When the other offense is defined in such a manner that it may be committed in alternative ways, the court may instruct the jury to consider, or may as factfinder consider, any alternative which meets the requirements of this subsection.  
[PL 1979, c. 512, §21 (NEW).]
SECTION HISTORY
PL 1979, c. 512, §21 (NEW).
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Notes of Decisions
Cited in 48 cases (4 in the last 5 years), 1979–2025 · leading case: State v. Thongsavanh, 2007 ME 20 (Me. 2007).
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State v. Thongsavanh, 2007 ME 20 (Me. 2007). · cites it 4× “17-A M.R.S. § 13-A(1) (2006). The statute defines a “lesser included offense” to include “an offense carrying a lesser penalty which .”
State v. Atkinson, 458 A.2d 1200 (Me. 1983). · cites it 5× “3 Defendant asserted that he was entitled to such an instruction under 17-A M.R.S.A. § 13-A(1) (1983) as an instruction on a lesser included offense, arguing that there was a rational basis for finding him guilty of that lesser ofjfense.”
State v. LaPlante, 534 A.2d 959 (Me. 1987). · cites it 4× “1980); 17-A M.R.S.A. § 13-A(2) (1983). Under section 651(1), robbery may be committed while only attempting theft.”
State v. Rowe, 453 A.2d 134 (Me. 1982). · cites it 4× “17-A M.R.S.A. § 13-A (1982) provides, in part: 1.”
State v. Hurd, 2010 ME 118 (Me. 2010). · cites it 2× “) As presented, this instruction resembles a lesser-included offense instruction, see 17-A M.R.S. § 13-A (2009), in which a jury may answer two questions regarding a single count.”
State v. Kirk, 2005 ME 60 (Me. 2005). · cites it 3× “” 17-A M.R.S.A. § 13-A(1) (1983). If there is a rational basis for finding the defendant guilty of the lesser offense, “the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter…”
State of Maine v. Clifford W. Thornton, 2015 ME 15 (Me. 2015). · cites it 6× “See 17-A M.R.S. § 13-A (2014). Section 13-A defines a lesser included offense as one that carries a lesser penalty and that, “[a]s legally defined, must necessarily be committed when the offense or alternative thereof actually charged, as legally defined, is committed.”
State v. Stewart, 930 A.2d 1031 (Me. 2007). · cites it 3× “17-A M.R.S. § 13-A(2) (2006). [¶ 9] In State v.”
State of Maine v. Roxanne Jeskey, 2016 ME 134 (Me. 2016). “” See 17-A M.R.S. § 13-A(l) (2015) (providing that the court, as *141 fact-finder, need not consider a lesser included offense “unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense”).”
State v. Caouette, 462 A.2d 1171 (Me. 1983). · cites it 2× “17-A M.R.S.A. § 13-A (1983), which governs instructions relative to lesser included offenses, states in relevant part: 2.”
State v. Lagasse, 410 A.2d 537 (Me. 1980). “…being 6 . This provision was repealed and replaced by P.L.1979, ch. 512, § 20, effective September 14, 1979. See 17-A M.R.S.A. § 13-A(1).”
State v. Giglio, 441 A.2d 303 (Me. 1982). · cites it 2× “17-A M.R.S.A. § 13-A (Supp. 1981). 16 The trial court may instruct the jury on a lesser included offense if there is a rational basis in the evidence for finding the defendant guilty of that offense.”
Show all 48 citing cases →
— Me. Rev. Stat. tit. 17-A, § 13-A(1) — 16 cases
State v. Thongsavanh, 2007 ME 20 (Me. 2007). “17-A M.R.S. § 13-A(1) (2006). The statute defines a “lesser included offense” to include “an offense carrying a lesser penalty which .”
State v. Atkinson, 458 A.2d 1200 (Me. 1983). “3 Defendant asserted that he was entitled to such an instruction under 17-A M.R.S.A. § 13-A(1) (1983) as an instruction on a lesser included offense, arguing that there was a rational basis for finding him guilty of that lesser ofjfense.”
State v. Lagasse, 410 A.2d 537 (Me. 1980). “…being 6 . This provision was repealed and replaced by P.L.1979, ch. 512, § 20, effective September 14, 1979. See 17-A M.R.S.A. § 13-A(1).”
State v. Kirk, 2005 ME 60 (Me. 2005). “” 17-A M.R.S.A. § 13-A(1) (1983). If there is a rational basis for finding the defendant guilty of the lesser offense, “the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter…”
State v. Rowe, 453 A.2d 134 (Me. 1982). “17-A M.R.S.A. § 13-A (1982) provides, in part: 1.”
— Me. Rev. Stat. tit. 17-A, § 13-A(2) — 7 cases
State v. Stewart, 930 A.2d 1031 (Me. 2007). “17-A M.R.S. § 13-A(2) (2006). [¶ 9] In State v.”
State v. Metzger, 999 A.2d 947 (Me. 2010).
State v. LaPlante, 534 A.2d 959 (Me. 1987). “1980); 17-A M.R.S.A. § 13-A(2) (1983). Under section 651(1), robbery may be committed while only attempting theft.”
State v. Thornton, 540 A.2d 773 (Me. 1988).
State v. Kirk, 2005 ME 60 (Me. 2005). “” 17-A M.R.S.A. § 13-A(1) (1983). If there is a rational basis for finding the defendant guilty of the lesser offense, “the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter…”
— Me. Rev. Stat. tit. 17-A, § 13-A(2)(A) — 15 cases
State v. Atkinson, 458 A.2d 1200 (Me. 1983). “3 Defendant asserted that he was entitled to such an instruction under 17-A M.R.S.A. § 13-A(1) (1983) as an instruction on a lesser included offense, arguing that there was a rational basis for finding him guilty of that lesser ofjfense.”
State of Maine v. Aaron S. Lowden, 2014 ME 29 (Me. 2014).
State v. Cook, 2010 ME 81 (Me. 2010).
State v. Giglio, 441 A.2d 303 (Me. 1982). “17-A M.R.S.A. § 13-A (Supp. 1981). 16 The trial court may instruct the jury on a lesser included offense if there is a rational basis in the evidence for finding the defendant guilty of that offense.”
State of Maine v. Clifford W. Thornton, 2015 ME 15 (Me. 2015). “See 17-A M.R.S. § 13-A (2014). Section 13-A defines a lesser included offense as one that carries a lesser penalty and that, “[a]s legally defined, must necessarily be committed when the offense or alternative thereof actually charged, as legally defined, is committed.”
— Me. Rev. Stat. tit. 17-A, § 13-A(2)(B) — 2 cases
State v. Boyce, 1998 ME 219 (Me. 1998).
State v. Allen, 606 A.2d 778 (Me. 1992).
— Me. Rev. Stat. tit. 17-A, § 13-A(2)(B)(1983) — 1 case
State v. Hicks, 495 A.2d 765 (Me. 1985).
— Me. Rev. Stat. tit. 17-A, § 13-A(2)(C) — 3 cases
State v. Thongsavanh, 2007 ME 20 (Me. 2007). “17-A M.R.S. § 13-A(1) (2006). The statute defines a “lesser included offense” to include “an offense carrying a lesser penalty which .”
State v. Allen, 462 A.2d 49 (Me. 1983).
State of Maine v. Ricky Whitney, 2024 ME 49 (Me. 2024).
— Me. Rev. Stat. tit. 17-A, § 13-A(3) — 6 cases
State v. LaPlante, 534 A.2d 959 (Me. 1987). “1980); 17-A M.R.S.A. § 13-A(2) (1983). Under section 651(1), robbery may be committed while only attempting theft.”
State v. Rand, 430 A.2d 808 (Me. 1981).
State v. Anderson, 409 A.2d 1290 (Me. 1979).
State of Maine v. Damien Osborn, 2023 ME 19 (Me. 2023).
State v. Hardy, 651 A.2d 322 (Me. 1994).
— Me. Rev. Stat. tit. 17-A, § 13-A(l) — 1 case
State of Maine v. Roxanne Jeskey, 2016 ME 134 (Me. 2016). “” See 17-A M.R.S. § 13-A(l) (2015) (providing that the court, as *141 fact-finder, need not consider a lesser included offense “unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense”).”
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