Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 1304 (2026)

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✓ current as of May 2026
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(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1987, c. 769, §B4 (AMD). PL 1987, c. 861, §15 (AMD). PL 1997, c. 54, §1 (AMD). PL 1997, c. 135, §3 (AMD). PL 1997, c. 393, §B8 (AMD). PL 1999, c. 367, §5 (RPR). PL 2007, c. 517, §§1-4 (AMD). PL 2007, c. 518, §7 (AMD). PL 2009, c. 608, §§10, 11 (AMD). PL 2011, c. 334, §1 (AMD). PL 2011, c. 568, §1 (AMD). PL 2013, c. 266, §8 (AMD). PL 2015, c. 436, §10 (AMD). PL 2019, c. 113, Pt. A, §1 (RP).
Notes of Decisions
Cited in 10 cases, 1978–2019 · leading case: Colson v. State, 498 A.2d 585 (Me. 1985).
Colson v. State, 498 A.2d 585 (Me. 1985). · cites it 10× “On February 8, 1983 a hearing pursuant to 17-A M.R.S.A. § 1304 (1983) [1] was conducted.”
Colson v. Joyce, 646 F. Supp. 102 (D. Me. 1986). · cites it 5× “Petitioner has been on personal recognizance bail since February 10, 1983, following his arrest and imprisonment on February 4, 1983 for default in payment of a fine as authorized by 17-A M.R.S.A. § 1304. 1 *104 Petitioner has exhausted his remedies in the Maine state courts and…”
Matter of Benoit, 487 A.2d 1158 (Me. 1985). “The Criminal Code provision authorizing imprisonment for unexcused nonpayment of a criminal fine, 17-A M.R.S.A. § 1304 (1983), has no application to a civil case.”
Carter v. State, 452 A.2d 1201 (Me. 1982). · cites it 2× “00 per day, pursuant to 17-A M.R.S.A. § 1304. On July 14, 1981, while serving said commitment, he filed a petition in Superior Court for post-conviction review.”
State v. Colson, 472 A.2d 1381 (Me. 1984). · cites it 2× “See 17-A M.R.S.A. § 1304 (1983). At the close of the hearing, the District Court committed defendant to 35 days in the county jail.”
State v. Dodge, 574 A.2d 892 (Me. 1990). · cites it 6× “3 The statute bars any direct appeal to the Law Court from a post-sentencing proceeding such as that involving Dodge’s failure to pay the fine.”
State v. Briggs, 388 A.2d 507 (Me. 1978). “It is certainly arguable that 17-A M.R.S.A. § 1304 is applicable. That statute provides for imprisonment only where the failure to pay is without excuse or where the defendant would escape punishment altogether if he could not pay the fine.”
State of Maine v. Brandon C. Hayes, 2016 ME 39 (Me. 2016). · cites it 3× “[¶ 7] On November 25, 2013, Hayes appeared before the court for a hearing pursuant to title 17-A M.R.S. § 1304 (2015), where he was required to show cause why his failure to pay the fines “was not attributable to an intentional or knowing refusal to obey the court’s order or to…”
State of Maine v. Mark J. Lipski, 2019 ME 148 (Me. 2019). · cites it 2× “confinement in county jail” for a period not to “exceed 6 months” or “order the offender to perform community service work .”
State v. Lavigne, 661 A.2d 1106 (Me. 1995). “In June 1993, while Lavigne was in a federal prison, the State filed a motion pursuant to 17-A M.R.S.A. § 1304(1) (Supp.1994) for an order to show cause why he should not be committed for nonpayment of the fines.”
— Me. Rev. Stat. tit. 17-A, § 1304(1) — 3 cases
State v. Dodge, 574 A.2d 892 (Me. 1990). “3 The statute bars any direct appeal to the Law Court from a post-sentencing proceeding such as that involving Dodge’s failure to pay the fine.”
State of Maine v. Mark J. Lipski, 2019 ME 148 (Me. 2019). “confinement in county jail” for a period not to “exceed 6 months” or “order the offender to perform community service work .”
State v. Lavigne, 661 A.2d 1106 (Me. 1995). “In June 1993, while Lavigne was in a federal prison, the State filed a motion pursuant to 17-A M.R.S.A. § 1304(1) (Supp.1994) for an order to show cause why he should not be committed for nonpayment of the fines.”
— Me. Rev. Stat. tit. 17-A, § 1304(3) — 1 case
State of Maine v. Brandon C. Hayes, 2016 ME 39 (Me. 2016). “[¶ 7] On November 25, 2013, Hayes appeared before the court for a hearing pursuant to title 17-A M.R.S. § 1304 (2015), where he was required to show cause why his failure to pay the fines “was not attributable to an intentional or knowing refusal to obey the court’s order or to…”
— Me. Rev. Stat. tit. 17-A, § 1304(3)(A) — 2 cases
State of Maine v. Brandon C. Hayes, 2016 ME 39 (Me. 2016). “[¶ 7] On November 25, 2013, Hayes appeared before the court for a hearing pursuant to title 17-A M.R.S. § 1304 (2015), where he was required to show cause why his failure to pay the fines “was not attributable to an intentional or knowing refusal to obey the court’s order or to…”
State of Maine v. Mark J. Lipski, 2019 ME 148 (Me. 2019). “confinement in county jail” for a period not to “exceed 6 months” or “order the offender to perform community service work .”
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