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

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

Criminal attempt

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  A person is guilty of criminal attempt if, acting with the kind of culpability required for the commission of the crime, and with the intent to complete the commission of the crime, the person engages in conduct that in fact constitutes a substantial step toward its commission and the crime is:  
A. Murder. Violation of this paragraph is a Class A crime;   [PL 2001, c. 383, §6 (NEW); PL 2001, c. 383, §156 (AFF).]
B. A Class A crime. Violation of this paragraph is a Class B crime;   [PL 2001, c. 383, §6 (NEW); PL 2001, c. 383, §156 (AFF).]
C. A Class B crime. Violation of this paragraph is a Class C crime;   [PL 2001, c. 383, §6 (NEW); PL 2001, c. 383, §156 (AFF).]
D. A Class C crime. Violation of this paragraph is a Class D crime; or   [PL 2001, c. 383, §6 (NEW); PL 2001, c. 383, §156 (AFF).]
E. A Class D crime or Class E crime. Violation of this paragraph is a Class E crime.   [PL 2001, c. 383, §6 (NEW); PL 2001, c. 383, §156 (AFF).]
A substantial step is any conduct that goes beyond mere preparation and is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime.  
[PL 2001, c. 383, §6 (AMD); PL 2001, c. 383, §156 (AFF).]
2.  It is not a defense to a prosecution under this section that it was impossible to commit the crime that the person attempted, provided that it would have been committed had the factual and legal attendant circumstances specified in the definition of the crime been as the person believed them to be.  
[PL 2001, c. 383, §6 (AMD); PL 2001, c. 383, §156 (AFF).]
3.  A person who engages in conduct intending to aid another to commit a crime is guilty of criminal attempt if the conduct would establish the person's complicity under section 57 were the crime committed by the other person, even if the other person is not guilty of committing or attempting the crime.  
[PL 2001, c. 383, §6 (AMD); PL 2001, c. 383, §156 (AFF).]
3-A.  An indictment, information or complaint, or count thereof, charging the commission of a crime under chapters 9 through 45, or a crime outside this code is deemed to charge the commission of the attempt to commit that crime and may not be deemed duplicitous thereby.  
[PL 2001, c. 383, §6 (AMD); PL 2001, c. 383, §156 (AFF).]
4. 
[PL 2001, c. 667, Pt. D, §1 (RP); PL 2001, c. 667, Pt. D, §36 (AFF).]
5. 
[PL 2001, c. 667, Pt. D, §2 (RP); PL 2001, c. 667, Pt. D, §36 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §36 (AMD). PL 1977, c. 510, §§32-34 (AMD). PL 1995, c. 422, §1 (AMD). PL 2001, c. 383, §6 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 413, §1 (AMD). PL 2001, c. 667, §§D1,2 (AMD). PL 2001, c. 667, §D36 (AFF).
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 113 cases (12 in the last 5 years), 1978–2026 · leading case: State v. Burdick, 2001 ME 143 (Me. 2001).
Sort: Relevance Newest Treatment
State v. Burdick, 2001 ME 143 (Me. 2001). · cites it 32× “17-A M.R.S.A. §§ 152, 1252(2)(A) (1983). The 1995 amendments increased the ordinary maximum term of imprisonment for attempted murder to a "definite period of imprisonment of any term of years.”
State v. Pabon, 2011 ME 100 (Me. 2011). · cites it 4× “§ 208-B(1)(A) (2010), and attempted murder (Class A), 17-A M.R.S. § 152(1)(A) (2010). He asserts that the court's failure to include the dwelling-place exception to the duty to retreat when instructing the jury on self-defense constitutes obvious error.”
State v. Schofield, 2005 ME 82 (Me. 2005). · cites it 4× “At his sentencing, the trial judge imposed a lengthy sentence consistent with the provisions of 17-A M.R.S.A. § 152(4)(F) (Supp. 2000), which authorized up to a life sentence for an attempted murder committed against a law enforcement officer.”
State of Maine v. Aaron S. Lowden, 2014 ME 29 (Me. 2014). · cites it 5× “He further argues that to interpret the term “[m]anufaeture” within the meaning of 17-A M.R.S. § 1101(4), to require preparation or processing without the completed product, runs afoul of the rules of statutory construction by rendering the criminal attempt statute, 17-A M.”
State v. Taylor, 661 A.2d 665 (Me. 1995). · cites it 8× “) following a jury waived trial. On appeal, Taylor contends that (1) the trial court erred in allowing the victim to testify as to Taylor's state of mind, (2) there was insufficient evidence to support a conviction for attempted kidnapping, and (3) there was insufficient…”
State v. Keene, 2007 ME 84 (Me. 2007). · cites it 4× “[¶ 6] Keene was indicted on December 2, 2003, for Class A manslaughter, 17-A M.”
State v. Leone, 581 A.2d 394 (Me. 1990). · cites it 4× “1987), and two counts of attempted murder, 17-A M.R.S.A. §§ 152, 201(1)(A) (1983). We find no error and affirm the judgments.”
State of Maine v. Andrew J. Legassie, 2017 ME 202 (Me. 2017). · cites it 2× “Legassie appeals from a judgment of conviction of three counts of attempted - sexual exploitation of a minor (Class C), 17-A M.R.S. § 152(1)(C) (2016); 17-A M.R.”
State v. Woo, 2007 ME 151 (Me. 2007). · cites it 4× “[¶ 34] Interestingly, the State's evidence could not support a conviction for attempted trafficking in or manufacturing of methamphetamine pursuant to 17-A M.R.S. § 152 (2006). To secure a conviction for attempt, the State must prove, beyond a reasonable doubt, both the intent…”
State of Maine v. James D. Graham, 2015 ME 35 (Me. 2015). · cites it 3× “Graham appeals from a judgment of conviction of attempted kidnapping (Class B), 17-A M.R.S. §§ 152(1)(B), 301(1)(B)(2) (2014), and assault (Class D), 17-A M.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “§ 21-5109(b)(3) ; Me. Rev. Stat. Ann. tit. 17-A, § 152(3-A) ; Mich.”
State v. Dolloff, 58 A.3d 1032 (Me. 2012). “) upon the jury’s verdict finding her guilty of attempted murder (Class A), 17-A M.R.S. § 152(1)(A) (2011); see 17-A M.”
Show all 113 citing cases →
— Me. Rev. Stat. tit. 17-A, § 152(1) — 32 cases
State v. Taylor, 661 A.2d 665 (Me. 1995). “) following a jury waived trial. On appeal, Taylor contends that (1) the trial court erred in allowing the victim to testify as to Taylor's state of mind, (2) there was insufficient evidence to support a conviction for attempted kidnapping, and (3) there was insufficient…”
State of Maine v. Aaron S. Lowden, 2014 ME 29 (Me. 2014). “He further argues that to interpret the term “[m]anufaeture” within the meaning of 17-A M.R.S. § 1101(4), to require preparation or processing without the completed product, runs afoul of the rules of statutory construction by rendering the criminal attempt statute, 17-A M.”
State v. Leone, 581 A.2d 394 (Me. 1990). “1987), and two counts of attempted murder, 17-A M.R.S.A. §§ 152, 201(1)(A) (1983). We find no error and affirm the judgments.”
State v. Woo, 2007 ME 151 (Me. 2007). “[¶ 34] Interestingly, the State's evidence could not support a conviction for attempted trafficking in or manufacturing of methamphetamine pursuant to 17-A M.R.S. § 152 (2006). To secure a conviction for attempt, the State must prove, beyond a reasonable doubt, both the intent…”
State v. Fredette, 462 A.2d 17 (Me. 1983).
— Me. Rev. Stat. tit. 17-A, § 152(1)(A) — 17 cases
State v. Pabon, 2011 ME 100 (Me. 2011). “§ 208-B(1)(A) (2010), and attempted murder (Class A), 17-A M.R.S. § 152(1)(A) (2010). He asserts that the court's failure to include the dwelling-place exception to the duty to retreat when instructing the jury on self-defense constitutes obvious error.”
State v. Keene, 2007 ME 84 (Me. 2007). “[¶ 6] Keene was indicted on December 2, 2003, for Class A manslaughter, 17-A M.”
State v. Dolloff, 58 A.3d 1032 (Me. 2012). “) upon the jury’s verdict finding her guilty of attempted murder (Class A), 17-A M.R.S. § 152(1)(A) (2011); see 17-A M.”
State v. Fortune, 34 A.3d 1115 (Me. 2011).
State of Maine v. Jomo White, 2022 ME 54 (Me. 2022).
— Me. Rev. Stat. tit. 17-A, § 152(1)(B) — 10 cases
State of Maine v. James D. Graham, 2015 ME 35 (Me. 2015). “Graham appeals from a judgment of conviction of attempted kidnapping (Class B), 17-A M.R.S. §§ 152(1)(B), 301(1)(B)(2) (2014), and assault (Class D), 17-A M.”
State v. Webster, 2008 ME 119 (Me. 2008).
State of Maine v. Aaron S. Lowden, 2014 ME 29 (Me. 2014). “He further argues that to interpret the term “[m]anufaeture” within the meaning of 17-A M.R.S. § 1101(4), to require preparation or processing without the completed product, runs afoul of the rules of statutory construction by rendering the criminal attempt statute, 17-A M.”
State of Maine v. Daniel C. Baker, 2015 ME 39 (Me. 2015).
State v. Proia, 168 A.3d 798 (Me. 2017).
— Me. Rev. Stat. tit. 17-A, § 152(1)(C) — 4 cases
State of Maine v. Andrew J. Legassie, 2017 ME 202 (Me. 2017). “Legassie appeals from a judgment of conviction of three counts of attempted - sexual exploitation of a minor (Class C), 17-A M.R.S. § 152(1)(C) (2016); 17-A M.R.”
State v. Braley, 2003 ME 125 (Me. 2003).
State of Maine v. Ricky Whitney, 2024 ME 49 (Me. 2024).
State of Maine v. Heather M. Hodgson, 2025 ME 88 (Me. 2025).
— Me. Rev. Stat. tit. 17-A, § 152(1)(D) — 3 cases
State v. Lemay, 46 A.3d 1113 (Me. 2012).
State of Maine v. Danielle A. Beckwith, 2015 ME 72 (Me. 2015).
State v. Skarbinski, 2011 ME 65 (Me. 2011).
— Me. Rev. Stat. tit. 17-A, § 152(1)(E) — 2 cases
State of Maine v. Andrew J. Legassie, 2017 ME 202 (Me. 2017). “Legassie appeals from a judgment of conviction of three counts of attempted - sexual exploitation of a minor (Class C), 17-A M.R.S. § 152(1)(C) (2016); 17-A M.R.”
State of Maine v. Stambaugh (Me. Super. Ct 2023).
— Me. Rev. Stat. tit. 17-A, § 152(2) — 2 cases
State v. Rios, 409 So. 2d 241 (Fla. 3d DCA 1982).
State v. Henderson, 416 A.2d 1261 (Me. 1980).
— Me. Rev. Stat. tit. 17-A, § 152(4) — 2 cases
State v. Burdick, 2001 ME 143 (Me. 2001). “17-A M.R.S.A. §§ 152, 1252(2)(A) (1983). The 1995 amendments increased the ordinary maximum term of imprisonment for attempted murder to a "definite period of imprisonment of any term of years.”
State v. Poulliot, 1999 ME 39 (Me. 1999).
— Me. Rev. Stat. tit. 17-A, § 152(4)(A) — 1 case
State v. Burdick, 2001 ME 143 (Me. 2001). “17-A M.R.S.A. §§ 152, 1252(2)(A) (1983). The 1995 amendments increased the ordinary maximum term of imprisonment for attempted murder to a "definite period of imprisonment of any term of years.”
— Me. Rev. Stat. tit. 17-A, § 152(4)(F) — 2 cases
State v. Burdick, 2001 ME 143 (Me. 2001). “17-A M.R.S.A. §§ 152, 1252(2)(A) (1983). The 1995 amendments increased the ordinary maximum term of imprisonment for attempted murder to a "definite period of imprisonment of any term of years.”
State v. Schofield, 2005 ME 82 (Me. 2005). “At his sentencing, the trial judge imposed a lengthy sentence consistent with the provisions of 17-A M.R.S.A. § 152(4)(F) (Supp. 2000), which authorized up to a life sentence for an attempted murder committed against a law enforcement officer.”
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.