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

Me. Rev. Stat. tit. 17-A, § 201 (2026)

Murder

✓ current as of May 2026
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1.  A person is guilty of murder if the person:  
A. Intentionally or knowingly causes the death of another human being;   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of another human being; or   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception.   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
1-A.  For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.  
[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
2.  The sentence for murder is as authorized in chapter 63.  
[PL 2019, c. 113, Pt. B, §9 (AMD).]
3.  It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation.  
[PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
4.  For purposes of subsection 3, provocation is adequate if:  
A. It is not induced by the person; and   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish the reasonableness of the person's reaction.   [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).]
For purposes of determining whether extreme anger or extreme fear was brought about by adequate provocation, the provocation was not adequate if it resulted solely from the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the person or in which the person and victim dated or had a romantic or sexual relationship.  
[PL 2019, c. 462, §3 (AMD).]
5.  Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude conviction of, manslaughter or any other crime.  
[PL 1983, c. 372, §1 (NEW).]
6.  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, §2 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§37-39 (AMD). PL 1977, c. 510, §38 (RPR). PL 1983, c. 372, §1 (AMD). PL 1983, c. 450, §2 (AMD). PL 1985, c. 416 (AMD). PL 2001, c. 383, §8 (AMD). PL 2001, c. 383, §156 (AFF). PL 2019, c. 113, Pt. B, §9 (AMD). PL 2019, c. 271, §2 (AMD). PL 2019, c. 462, §3 (AMD).
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Notes of Decisions
Cited in 339 cases (38 in the last 5 years), 1976–2026 · leading case: State v. Thongsavanh, 2007 ME 20 (Me. 2007).
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State v. Thongsavanh, 2007 ME 20 (Me. 2007). · cites it 11× “[¶ 1] Maine juries have twice convicted Brandon Thongsavanh of murder, 17-A M.R.S.A. § 201 (1983 & Supp.2002), 1 for causing the death of Morgan McDuffee.”
State v. Crocker, 435 A.2d 58 (Me. 1981). · cites it 7× “A Penobscot County jury found defendant Vinal Crocker guilty of murder, 17-A M.R.S.A. § 201 (Supp. 1980), in connection with the death of his five-year-old stepson, Timothy.”
State v. Williams, 52 A.3d 911 (Me. 2012). · cites it 7× “Williams appeals from a judgment convicting him of intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2011), 1 and conspiracy to commit murder (Class A), 17-A M.”
State of Maine v. Rondon Athayde, 2022 ME 41 (Me. 2022). · cites it 4× “He argues that (A) the court erred in denying his motion to suppress upon concluding that his statements to law enforcement while walking them through his home were voluntary, (B) the court erred in denying Athayde’s motion for * Although Justice Humphrey participated in the…”
State v. Lockhart, 2003 ME 108 (Me. 2003). · cites it 4× “§ 201QXA) (1983), amended by 17-A M.R.S.A. § 201(1) (Supp.2002). Lockhart contends the court erred by: (1) refusing to suppress the statements he made to police; (2) allowing the State to introduce evidence of an earlier incident of domestic violence involving the same vic- '…”
State v. George, 52 A.3d 903 (Me. 2012). · cites it 7× “[¶ 1] Darlene George appeals from a judgment of conviction of intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2011), 1 and conspiracy to commit murder (Class A), 17-A M.”
State v. Bridges, 2004 ME 102 (Me. 2004). · cites it 6× “[¶ 1] Katrina Bridges appeals from a judgment of conviction for murder, 17-A M.R.S.A. § 201(1)(A) (1983), 1 after a jury verdict in the Superior Court (Androscog-gin.”
State of Maine v. Derek S. Poulin, 2016 ME 110 (Me. 2016). · cites it 4× “Poulin appeals from a judgment of conviction for murder, 17-A M.R.S. § 201(1)(A), (B) (2015), and arson (Class A), 17-A M.”
State of Maine v. Roland L. Cummings, 2017 ME 143 (Me. 2017). · cites it 4× “” 17-A M.R.S. § 201(1). [¶ 14] On the record presented, there is more than sufficient evidence from which the jury rationally could find, based on reasonable inferences drawn from circumstantial and DNA evidence connecting *1000 Cummings with the murder and burglary, that…”
State v. Schofield, 2005 ME 82 (Me. 2005). · cites it 4× “[¶ 5] Schofield was indicted for depraved indifference murder, 17-A M.R.S.A. § 201(1)(B) (1983), [3] and manslaughter, 17-A M.”
State of Maine v. Anthony Lord, 2019 ME 82 (Me. 2019). · cites it 5× “He eventually pleaded guilty to two murders, see 17-A M.R.S. § 201(1)(A) (2018), and a dozen other crimes.”
State of Maine v. Merrill Kimball, 2016 ME 75 (Me. 2016). · cites it 5× “[¶ 1] Merrill Kimball appeals from a judgment of conviction for intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2015), entered in the Unified Criminal Docket (Cumberland County, Cole, J.”
Show all 339 citing cases →
— Me. Rev. Stat. tit. 17-A, § 201(1) — 8 cases
State v. Lockhart, 2003 ME 108 (Me. 2003). “§ 201QXA) (1983), amended by 17-A M.R.S.A. § 201(1) (Supp.2002). Lockhart contends the court erred by: (1) refusing to suppress the statements he made to police; (2) allowing the State to introduce evidence of an earlier incident of domestic violence involving the same vic- '…”
State v. Thongsavanh, 861 A.2d 39 (Me. 2004).
State of Maine v. Roland L. Cummings, 2017 ME 143 (Me. 2017). “” 17-A M.R.S. § 201(1). [¶ 14] On the record presented, there is more than sufficient evidence from which the jury rationally could find, based on reasonable inferences drawn from circumstantial and DNA evidence connecting *1000 Cummings with the murder and burglary, that…”
State v. Woodbury, 403 A.2d 1166 (Me. 1979).
State v. Joy, 452 A.2d 408 (Me. 1982).
— Me. Rev. Stat. tit. 17-A, § 201(1)(A) — 266 cases
State of Maine v. Derek S. Poulin, 2016 ME 110 (Me. 2016). “Poulin appeals from a judgment of conviction for murder, 17-A M.R.S. § 201(1)(A), (B) (2015), and arson (Class A), 17-A M.”
State v. Williams, 52 A.3d 911 (Me. 2012). “Williams appeals from a judgment convicting him of intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2011), 1 and conspiracy to commit murder (Class A), 17-A M.”
State of Maine v. Anthony Lord, 2019 ME 82 (Me. 2019). “He eventually pleaded guilty to two murders, see 17-A M.R.S. § 201(1)(A) (2018), and a dozen other crimes.”
State of Maine v. Rondon Athayde, 2022 ME 41 (Me. 2022). “He argues that (A) the court erred in denying his motion to suppress upon concluding that his statements to law enforcement while walking them through his home were voluntary, (B) the court erred in denying Athayde’s motion for * Although Justice Humphrey participated in the…”
State v. George, 52 A.3d 903 (Me. 2012). “[¶ 1] Darlene George appeals from a judgment of conviction of intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2011), 1 and conspiracy to commit murder (Class A), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 201(1)(A)(1983) — 2 cases
State Mut. Ins. v. Bragg, 589 A.2d 35 (Me. 1991).
Fleming v. State of Maine (Me. Super. Ct 2000).
— Me. Rev. Stat. tit. 17-A, § 201(1)(A)(2008) — 1 case
State v. Hutchinson, 2009 ME 44 (Me. 2009).
— Me. Rev. Stat. tit. 17-A, § 201(1)(A)(B) — 1 case
State v. Moontri, 649 A.2d 315 (Me. 1994).
— Me. Rev. Stat. tit. 17-A, § 201(1)(B) — 44 cases
State v. Crocker, 435 A.2d 58 (Me. 1981). “A Penobscot County jury found defendant Vinal Crocker guilty of murder, 17-A M.R.S.A. § 201 (Supp. 1980), in connection with the death of his five-year-old stepson, Timothy.”
State v. Schofield, 2005 ME 82 (Me. 2005). “[¶ 5] Schofield was indicted for depraved indifference murder, 17-A M.R.S.A. § 201(1)(B) (1983), [3] and manslaughter, 17-A M.”
State of Maine v. Sharon Carrillo, 2021 ME 18 (Me. 2021).
State v. Thongsavanh, 2007 ME 20 (Me. 2007). “[¶ 1] Maine juries have twice convicted Brandon Thongsavanh of murder, 17-A M.R.S.A. § 201 (1983 & Supp.2002), 1 for causing the death of Morgan McDuffee.”
State v. Ardolino, 1997 ME 141 (Me. 1997).
— Me. Rev. Stat. tit. 17-A, § 201(1)(C) — 2 cases
In Re Gardner, 534 A.2d 947 (Me. 1987).
State v. Smith, 615 A.2d 1162 (Me. 1992).
— Me. Rev. Stat. tit. 17-A, § 201(2) — 1 case
State v. Snow, 383 A.2d 1385 (Me. 1978).
— Me. Rev. Stat. tit. 17-A, § 201(2)(E) — 1 case
State v. Rich, 395 A.2d 1123 (Me. 1978).
— Me. Rev. Stat. tit. 17-A, § 201(3) — 15 cases
State of Maine v. Merrill Kimball, 2016 ME 75 (Me. 2016). “[¶ 1] Merrill Kimball appeals from a judgment of conviction for intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2015), entered in the Unified Criminal Docket (Cumberland County, Cole, J.”
State v. Bridges, 2004 ME 102 (Me. 2004). “[¶ 1] Katrina Bridges appeals from a judgment of conviction for murder, 17-A M.R.S.A. § 201(1)(A) (1983), 1 after a jury verdict in the Superior Court (Androscog-gin.”
State v. Lockhart, 2003 ME 108 (Me. 2003). “§ 201QXA) (1983), amended by 17-A M.R.S.A. § 201(1) (Supp.2002). Lockhart contends the court erred by: (1) refusing to suppress the statements he made to police; (2) allowing the State to introduce evidence of an earlier incident of domestic violence involving the same vic- '…”
State v. Pulsifer, 1999 ME 24 (Me. 1999).
State of Maine v. Philip L. Clark, 2021 ME 12 (Me. 2021).
— Me. Rev. Stat. tit. 17-A, § 201(4) — 11 cases
State of Maine v. Rondon Athayde, 2022 ME 41 (Me. 2022). “He argues that (A) the court erred in denying his motion to suppress upon concluding that his statements to law enforcement while walking them through his home were voluntary, (B) the court erred in denying Athayde’s motion for * Although Justice Humphrey participated in the…”
State v. Lockhart, 2003 ME 108 (Me. 2003). “§ 201QXA) (1983), amended by 17-A M.R.S.A. § 201(1) (Supp.2002). Lockhart contends the court erred by: (1) refusing to suppress the statements he made to police; (2) allowing the State to introduce evidence of an earlier incident of domestic violence involving the same vic- '…”
State v. Pulsifer, 1999 ME 24 (Me. 1999).
State v. Hanaman, 2012 ME 40 (Me. 2012).
State v. Michaud, 611 A.2d 61 (Me. 1992).
— Me. Rev. Stat. tit. 17-A, § 201(4)(A) — 2 cases
State v. Bridges, 2004 ME 102 (Me. 2004). “[¶ 1] Katrina Bridges appeals from a judgment of conviction for murder, 17-A M.R.S.A. § 201(1)(A) (1983), 1 after a jury verdict in the Superior Court (Androscog-gin.”
State v. Warmke, 879 A.2d 30 (Me. 2005).
— Me. Rev. Stat. tit. 17-A, § 201(4)(B) — 1 case
State v. Haque, 1999 ME 30 (Me. 1999).
— Me. Rev. Stat. tit. 17-A, § 201(5) — 1 case
State v. Bridges, 2004 ME 102 (Me. 2004). “[¶ 1] Katrina Bridges appeals from a judgment of conviction for murder, 17-A M.R.S.A. § 201(1)(A) (1983), 1 after a jury verdict in the Superior Court (Androscog-gin.”
— Me. Rev. Stat. tit. 17-A, § 201(A) — 1 case
State v. Gauthier, 939 A.2d 77 (Me. 2007).
— Me. Rev. Stat. tit. 17-A, § 201(B) — 1 case
State v. Porter, 693 A.2d 743 (Me. 1997).
— Me. Rev. Stat. tit. 17-A, § 201(Z)(A) — 1 case
State v. Dwyer, 2009 ME 127 (Me. 2009).
— Me. Rev. Stat. tit. 17-A, § 201(a)(B) — 1 case
State v. Linscott, 520 A.2d 1067 (Me. 1987).
— Me. Rev. Stat. tit. 17-A, § 201(l)(A) — 1 case
State of Maine v. Bates (Me. Super. Ct 2016).
— Me. Rev. Stat. tit. 17-A, § 201(l)(B) — 1 case
Boyce v. Comm'r, Maine Dep't of Corr., 217 F. Supp. 2d 108 (D. Me. 2002).
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