Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 152-A (2026)

Aggravated attempted murder

✓ current as of May 2026

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1. A person is guilty of aggravated attempted murder if that person commits attempted murder and, at the time of that person's actions, one or more of the following aggravating circumstances is in fact present:

A. The person's intent to kill was accompanied by premeditation-in-fact; [PL 2001, c. 413, §2 (NEW).]

B. The person, at the time of the crime, intended to cause multiple deaths; [PL 2001, c. 413, §2 (NEW).]

C. The person was previously convicted in this State or another jurisdiction of criminal homicide or any other crime involving the use of deadly force against a person; [PL 2007, c. 476, §2 (AMD).]

D. The attempted murder was accompanied by torture, sexual assault or other extreme cruelty inflicted upon the victim; [PL 2001, c. 413, §2 (NEW).]

E. The attempted murder was committed in a penal institution by an inmate of that institution against another inmate or against prison personnel; [PL 2001, c. 413, §2 (NEW).]

F. The attempted murder was committed against a law enforcement officer while the officer was acting in performance of that officer's duties; or [PL 2001, c. 413, §2 (NEW).]

G. The attempted murder was committed against a hostage. [PL 2001, c. 413, §2 (NEW).]

[PL 2007, c. 476, §2 (AMD).]

2. Aggravated attempted murder is a Class A crime except that, notwithstanding section 1604, subsection 1, paragraph A, the sentence for aggravated attempted murder is imprisonment for life or a definite period of imprisonment for any term of years. The existence of an aggravating circumstance serves only as a precondition for the court to consider a life sentence. The court also may impose as part of the sentence a period of probation of any term of years pursuant to section 1804, subsection 4‑A.

[PL 2025, c. 207, §1 (AMD).]

3. It is an affirmative defense to prosecution under subsection 1 that the person's conduct was expressly authorized by Title 22, chapter 418.

[PL 2019, c. 271, §1 (NEW).]

SECTION HISTORY

PL 2001, c. 413, §2 (NEW). PL 2007, c. 476, §2 (AMD). PL 2019, c. 113, Pt. C, §58 (AMD). PL 2019, c. 271, §1 (AMD). PL 2025, c. 207, §1 (AMD).

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 2001–2023 · leading case: State v. Fortune, 34 A.3d 1115 (Me. 2011).

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State v. Fortune, 34 A.3d 1115 (Me. 2011). · cites it 9× “§ 152-A, does not violate the Maine Constitution’s affirmative command that all “penalties and punishments” be “proportioned to the offense” and does not violate the Constitution’s prohibition against “cruel and unusual punishments” because it allows for the imposition of a…”

State v. Burdick, 2001 ME 143 (Me. 2001). · cites it 2× “That Act creates the new crime of "aggravated attempted murder," which explicitly makes the current "aggravating circumstances" elements of the crime.”

Fortune v. State, 158 A.3d 512 (Me. 2017). · cites it 2× “476, § 2 (effective June 30, 2008) (codified at 17-A M.R.S. § 152-A (2016)). . The portions of the letters highlighted by Fortune included Hylton’s statements that his "unwavering loyalty” and his “weakness, [his] need to help those [he] loved," had caused "all of this senseless…”

Heon v. State, 931 A.2d 1068 (Me. 2007). · cites it 3× “Heon was indicted on seven charges: one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(B) (2006); two counts of attempted murder (Class A), 17-A M.”

State of Maine v. Andrew J. Freeman, 2014 ME 35 (Me. 2014). · cites it 5× “) of aggravated attempted murder, Class A, 17-A M.R.S. § 152-A(1)(A) (2013); aggravated attempted murder, Class A, 17-A M.”

MaineToday Media, Inc. v. State of Maine, 2013 ME 100 (Me. 2013). “§ 201(1)(A) (2012); one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1) (2012); one count of elevated aggravated assault (Class A), 17-A M.”

State of Maine v. Oscar Nunez, 2016 ME 185 (Me. 2016). “[¶ 13] On January 30, 2013, Nunez was charged by indictment with four counts: aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(A) (2015); arson (Class A), 17-A M.”

State of Maine v. Bartolo P. Ford, 2013 ME 96 (Me. 2013). “) on a jury verdict convicting him of one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(F) (2012), two counts of aggravated criminal mischief (Class C), 17-A M.”

State v. Ward, 2011 ME 74 (Me. 2011). “Instead, Ward asserts, the State sought a sentence appropriate to an aggravated attempted murder conviction through consecutive sentences on lesser charges.”

Bartolo P. Ford v. State of Maine, 2019 ME 47 (Me. 2019). “§§ 211(1), 1252(4) (2018), one count of eluding an officer (Class C), 29-A M.”

Ford v. State, 205 A.3d 896 (Me. 2019). “§ 2414(3) (2018), and one count of theft by unauthorized taking or transfer (Class E), 17-A M.”

State of Maine v. Richard J. Murray-Burns, 2023 ME 21 (Me. 2023). “or the seriousness of the criminal record of the individual, or both, require a sentence of imprisonment in excess of the maximum available for the most serious offense.”

Show all 16 citing cases →

— Me. Rev. Stat. tit. 17-A, § 152-A(1) — 3 cases

MaineToday Media, Inc. v. State of Maine, 2013 ME 100 (Me. 2013). “§ 201(1)(A) (2012); one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1) (2012); one count of elevated aggravated assault (Class A), 17-A M.”

Fortune v. State, 158 A.3d 512 (Me. 2017). “476, § 2 (effective June 30, 2008) (codified at 17-A M.R.S. § 152-A (2016)). . The portions of the letters highlighted by Fortune included Hylton’s statements that his "unwavering loyalty” and his “weakness, [his] need to help those [he] loved," had caused "all of this senseless…”

State v. Fortune, 34 A.3d 1115 (Me. 2011). “§ 152-A, does not violate the Maine Constitution’s affirmative command that all “penalties and punishments” be “proportioned to the offense” and does not violate the Constitution’s prohibition against “cruel and unusual punishments” because it allows for the imposition of a…”

— Me. Rev. Stat. tit. 17-A, § 152-A(1)(A) — 4 cases

State v. Fortune, 34 A.3d 1115 (Me. 2011). “§ 152-A, does not violate the Maine Constitution’s affirmative command that all “penalties and punishments” be “proportioned to the offense” and does not violate the Constitution’s prohibition against “cruel and unusual punishments” because it allows for the imposition of a…”

State of Maine v. Oscar Nunez, 2016 ME 185 (Me. 2016). “[¶ 13] On January 30, 2013, Nunez was charged by indictment with four counts: aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(A) (2015); arson (Class A), 17-A M.”

State of Maine v. Andrew J. Freeman, 2014 ME 35 (Me. 2014). “) of aggravated attempted murder, Class A, 17-A M.R.S. § 152-A(1)(A) (2013); aggravated attempted murder, Class A, 17-A M.”

State of Maine v. Thomas G. Bonfanti, 2023 ME 31 (Me. 2023).

— Me. Rev. Stat. tit. 17-A, § 152-A(1)(B) — 2 cases

Heon v. State, 931 A.2d 1068 (Me. 2007). “Heon was indicted on seven charges: one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(B) (2006); two counts of attempted murder (Class A), 17-A M.”

State of Maine v. Andrew J. Freeman, 2014 ME 35 (Me. 2014). “) of aggravated attempted murder, Class A, 17-A M.R.S. § 152-A(1)(A) (2013); aggravated attempted murder, Class A, 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 152-A(1)(D) — 1 case

State v. Fortune, 34 A.3d 1115 (Me. 2011). “§ 152-A, does not violate the Maine Constitution’s affirmative command that all “penalties and punishments” be “proportioned to the offense” and does not violate the Constitution’s prohibition against “cruel and unusual punishments” because it allows for the imposition of a…”

— Me. Rev. Stat. tit. 17-A, § 152-A(1)(F) — 3 cases

State of Maine v. Bartolo P. Ford, 2013 ME 96 (Me. 2013). “) on a jury verdict convicting him of one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(F) (2012), two counts of aggravated criminal mischief (Class C), 17-A M.”

Bartolo P. Ford v. State of Maine, 2019 ME 47 (Me. 2019). “§§ 211(1), 1252(4) (2018), one count of eluding an officer (Class C), 29-A M.”

Ford v. State, 205 A.3d 896 (Me. 2019). “§ 2414(3) (2018), and one count of theft by unauthorized taking or transfer (Class E), 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 152-A(2) — 4 cases

State v. Fortune, 34 A.3d 1115 (Me. 2011). “§ 152-A, does not violate the Maine Constitution’s affirmative command that all “penalties and punishments” be “proportioned to the offense” and does not violate the Constitution’s prohibition against “cruel and unusual punishments” because it allows for the imposition of a…”

Heon v. State, 931 A.2d 1068 (Me. 2007). “Heon was indicted on seven charges: one count of aggravated attempted murder (Class A), 17-A M.R.S. § 152-A(1)(B) (2006); two counts of attempted murder (Class A), 17-A M.”

State of Maine v. Richard J. Murray-Burns, 2023 ME 21 (Me. 2023). “or the seriousness of the criminal record of the individual, or both, require a sentence of imprisonment in excess of the maximum available for the most serious offense.”

State of Maine v. Andrew J. Freeman, 2014 ME 35 (Me. 2014). “) of aggravated attempted murder, Class A, 17-A M.R.S. § 152-A(1)(A) (2013); aggravated attempted murder, Class A, 17-A M.”

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