Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 1602 (2026)

Sentencing procedure

✓ current as of May 2026
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1.  Class A, Class B or Class C crimes.   In imposing a sentencing alternative pursuant to section 1502 that includes a term of imprisonment for a Class A, Class B or Class C crime, in setting the appropriate length of that term as well as any unsuspended portion of that term accompanied by a period of probation or administrative release, the court shall employ the following 3-step process.  
A. First, the court shall determine a basic term of imprisonment by considering the particular nature and seriousness of the offense as committed by the individual.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Second, the court shall determine the maximum term of imprisonment to be imposed by considering all other relevant sentencing factors, both aggravating and mitigating, appropriate to the case. Relevant sentencing factors include, but are not limited to, the character of the individual, the age of the individual at the time the conduct forming the basis for the conviction occurred, the individual's criminal history, the effect of the offense on the victim, the effect of the potential term of imprisonment on those relying on the individual as a primary caregiver and the protection of the public interest.   [PL 2025, c. 402, §1 (AMD); PL 2025, c. 420, §1 (AMD).]
C. Third, the court shall determine what portion, if any, of the maximum term of imprisonment under paragraph B should be suspended and, if a suspension order is to be entered, determine the appropriate period of probation or administrative release to accompany that suspension.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2025, c. 402, §1 (AMD); PL 2025, c. 420, §1 (AMD).]
2.  Crime of murder.   In imposing a sentence pursuant to section 1603 for the crime of murder, the court shall employ only the first 2 steps of the sentencing process as specified in subsection 1, paragraphs A and B.  
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Imposition of supervised release after imprisonment for violation of gross sexual assault.   When the court imposes a period of supervised release after imprisonment for a violation of section 253, subsection 1, paragraph C as required by section 1881, subsection 1 or chooses to impose a period of supervised release after imprisonment for any other violation of section 253, as authorized by section 1881, subsection 2, the court, after employing the first 2 steps of the sentencing process as specified in subsection 1, paragraphs A and B, shall determine the appropriate period of supervised release to follow the maximum term of imprisonment.  
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Class D or Class E crimes.  In imposing a sentencing alternative for a Class D or Class E crime pursuant to section 1502 that is contested by the parties and setting the appropriate length of that term as well as any unsuspended portion of that term accompanied by a period of probation or administrative release, the court shall consider all relevant sentencing factors, both aggravating and mitigating, appropriate to the case. Relevant sentencing factors include, but are not limited to, the character of the individual, the individual's criminal history, the effect of the offense on the victim, the effect of the potential sentencing alternative on those relying on the individual as a primary caregiver and the protection of the public interest.  
[PL 2025, c. 402, §2 (NEW).]
5.  Primary caregiver defined.  As used in this section, "primary caregiver" means an individual who has the greatest responsibility for the care of a minor, a dependent person or an incapacitated adult as defined by Title 22, section 3472, subsection 10.  
[PL 2025, c. 402, §3 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2025, c. 402, §§1-3 (AMD). PL 2025, c. 420, §1 (AMD).
Notes of Decisions
Cited in 38 cases (30 in the last 5 years), 2019–2026 · leading case: State of Maine v. Tara L. Watson, 2024 ME 24 (Me. 2024).
State of Maine v. Tara L. Watson, 2024 ME 24 (Me. 2024). · cites it 6× “1993),] and codified at 17-A M.R.S. § 1602.” State v. Ringuette, 2022 ME 61, ¶ 9 , 288 A.”
State of Maine v. Dustan J. Bentley, 2021 ME 39 (Me. 2021). · cites it 2× “113, §§ A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1602 (2021)). 6 encouraging individualization of each sentence based on circumstances specific to the case and the defendant.”
State of Maine v. Richard J. Murray-Burns, 2023 ME 21 (Me. 2023). · cites it 2× “1993); 17-A M.R.S. § 1602(1) (2022). The court then imposed the following sentences: • On six of the ten aggravated attempted murder counts: concurrent sentences of forty-five years in prison, with all but thirty years suspended, and four years of probation.”
State of Maine v. Rayshaun Moore, 2023 ME 18 (Me. 2023). “Applying the sentencing statute, 17-A M.R.S. § 1602 (2022), the court set the basic sentence at twenty-five years’ imprisonment.”
State of Maine v. Raymond Ellis Jr., 2025 ME 56 (Me. 2025). · cites it 4× “3d 542 ; see also 17-A M.R.S. § 1602 (2025). We “review a double-counting claim de novo.”
State of Maine v. Anthony S. Leng, 2021 ME 3 (Me. 2021). · cites it 2× “1 In 2019, Maine’s sentencing statutes were repealed and replaced.”
State of Maine v. James E. Sweeney, 2019 ME 164 (Me. 2019). “113, §§ A-1 to -2, B-9 (emergency, effective May 16, 2019) (to be codified at 17-A M.R.S. § 1602). All citations to the sentencing provisions in this opinion are to the statutes in effect at the time of the offense.”
State of Maine v. Sharon Carrillo, 2021 ME 18 (Me. 2021). “” In analyzing the nature 7 Title 17-A M.R.S. § 1252-C (2017) has since been repealed and replaced; the two versions of the sentencing statute contain the same requirements.”
State of Maine v. Noah Gaston, 2021 ME 25 (Me. 2021). “113, §§ A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1602 (2021)). 18 the basic sentence at thirty-five years.”
State of Maine v. Jahneiro Plummer, 2020 ME 143 (Me. 2020). “113, §§ A-1 to -2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1602(1) (2020)). All citations to the 2 conclude that the trial court properly considered different aspects of the commercial nature of the offense at each step of its analysis, we affirm.”
State of Maine v. John De St. Croix, 2020 ME 142 (Me. 2020). “113, §§ A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1602 (2020)). 4 omitted); see 17-A M.”
State of Maine v. John D. Williams, 2020 ME 128 (Me. 2020). · cites it 2× “” 17-A M.R.S. § 1602(1)(A). Then, the court must “determine the maximum term of imprisonment to be imposed by considering all other relevant sentencing 27 factors, both aggravating and mitigating, appropriate to the case.”
— Me. Rev. Stat. tit. 17-A, § 1602(1) — 12 cases
State of Maine v. Richard J. Murray-Burns, 2023 ME 21 (Me. 2023). “1993); 17-A M.R.S. § 1602(1) (2022). The court then imposed the following sentences: • On six of the ten aggravated attempted murder counts: concurrent sentences of forty-five years in prison, with all but thirty years suspended, and four years of probation.”
State of Maine v. Jahneiro Plummer, 2020 ME 143 (Me. 2020). “113, §§ A-1 to -2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1602(1) (2020)). All citations to the 2 conclude that the trial court properly considered different aspects of the commercial nature of the offense at each step of its analysis, we affirm.”
State of Maine v. Anthony S. Leng, 2021 ME 3 (Me. 2021). “1 In 2019, Maine’s sentencing statutes were repealed and replaced.”
State of Maine v. Tara L. Watson, 2024 ME 24 (Me. 2024). “1993),] and codified at 17-A M.R.S. § 1602.” State v. Ringuette, 2022 ME 61, ¶ 9 , 288 A.”
State of Maine v. Craig A. Woodard, 2025 ME 32 (Me. 2025).
— Me. Rev. Stat. tit. 17-A, § 1602(1)(A) — 15 cases
State of Maine v. Tara L. Watson, 2024 ME 24 (Me. 2024). “1993),] and codified at 17-A M.R.S. § 1602.” State v. Ringuette, 2022 ME 61, ¶ 9 , 288 A.”
State of Maine v. Dustan J. Bentley, 2021 ME 39 (Me. 2021). “113, §§ A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1602 (2021)). 6 encouraging individualization of each sentence based on circumstances specific to the case and the defendant.”
State of Maine v. Bobby L. Nightingale, 2023 ME 71 (Me. 2023).
State of Maine v. John D. Williams, 2020 ME 128 (Me. 2020). “” 17-A M.R.S. § 1602(1)(A). Then, the court must “determine the maximum term of imprisonment to be imposed by considering all other relevant sentencing 27 factors, both aggravating and mitigating, appropriate to the case.”
State of Maine v. Raymond Ellis Jr., 2025 ME 56 (Me. 2025). “3d 542 ; see also 17-A M.R.S. § 1602 (2025). We “review a double-counting claim de novo.”
— Me. Rev. Stat. tit. 17-A, § 1602(1)(B) — 7 cases
State of Maine v. Tara L. Watson, 2024 ME 24 (Me. 2024). “1993),] and codified at 17-A M.R.S. § 1602.” State v. Ringuette, 2022 ME 61, ¶ 9 , 288 A.”
State of Maine v. Raymond Ellis Jr., 2025 ME 56 (Me. 2025). “3d 542 ; see also 17-A M.R.S. § 1602 (2025). We “review a double-counting claim de novo.”
State of Maine v. Raymond N. Lester, 2025 ME 21 (Me. 2025).
State of Maine v. Aaron Aldrich, 2026 ME 8 (Me. 2026).
State of Maine v. Irineu B. Goncalves, 2025 ME 70 (Me. 2025).
— Me. Rev. Stat. tit. 17-A, § 1602(1)(C) — 2 cases
State of Maine v. Irineu B. Goncalves, 2025 ME 70 (Me. 2025).
State of Maine v. John D. Schlosser, 2025 ME 76 (Me. 2025).
— Me. Rev. Stat. tit. 17-A, § 1602(2) — 5 cases
State of Maine v. Anthony S. Leng, 2021 ME 3 (Me. 2021). “1 In 2019, Maine’s sentencing statutes were repealed and replaced.”
State of Maine v. John D. Williams, 2020 ME 128 (Me. 2020). “” 17-A M.R.S. § 1602(1)(A). Then, the court must “determine the maximum term of imprisonment to be imposed by considering all other relevant sentencing 27 factors, both aggravating and mitigating, appropriate to the case.”
State of Maine v. Jaquille J. Coleman, 2024 ME 35 (Me. 2024).
State of Maine v. John D. Williams, 2020 ME 128 (Me. 2020).
State of Maine v. Jason Servil, 2025 ME 73 (Me. 2025).
— Me. Rev. Stat. tit. 17-A, § 1602(3) — 2 cases
State of Maine v. Ronald T. Cummings, 2023 ME 35 (Me. 2023).
State of Maine v. Bethany Ringuette, 2022 ME 61 (Me. 2022).
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