Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 302 (2026)

Criminal restraint

✓ current as of May 2026

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1. A person is guilty of criminal restraint if:

A. Knowing the actor has no legal right to do so, the actor intentionally or knowingly takes, retains or entices another person who:

(1) Is less than 14 years of age. Violation of this subparagraph is a Class D crime;

(2) Is incompetent. Violation of this subparagraph is a Class D crime;

(3) Is either 14, 15 or 16 years of age from the custody of the other person's parent, guardian or other lawful custodian, with the intent to hold the other person permanently or for a prolonged period and the actor is at least 18 years of age. Violation of this subparagraph is a Class D crime; or

(4) Is in fact less than 8 years of age. Violation of this subparagraph is a Class C crime; or [PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]

B. The actor:

(1) Knowingly restrains another person. Violation of this subparagraph is a Class D crime; or

(2) Knowingly restrains another person who is in fact less than 8 years of age. Violation of this subparagraph is a Class C crime.

As used in this paragraph, "restrain" has the same meaning as in section 301, subsection 2. [PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]

2. It is a defense to a prosecution under this section that the actor is the parent of the other person taken, retained, enticed or restrained. Consent by the person taken, retained or enticed is not a defense to a prosecution under subsection 1, paragraph A.

[PL 2001, c. 383, §27 (RPR); PL 2001, c. 383, §156 (AFF).]

3.

[PL 2001, c. 383, §27 (RP); PL 2001, c. 383, §156 (AFF).]

SECTION HISTORY

PL 1975, c. 499, §1 (NEW). PL 1979, c. 512, §25 (RPR). PL 1987, c. 150 (AMD). PL 1995, c. 689, §1 (AMD). PL 2001, c. 383, §27 (RPR). PL 2001, c. 383, §156 (AFF).

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1978–2026 · leading case: Richards v. Town of Eliot, 2001 ME 132 (Me. 2001).

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Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). · cites it 4× “[¶ 8] The officers transported Richards to the Kittery Police Department where she was charged with criminal restraint in violation of 17-A M.R.S.A. § 302 (1983 & Supp.2000). Subsequently, the York County District Attorney’s Office declined to prosecute Richards.”

State of Maine v. Samadi M. Hassan, 2013 ME 98 (Me. 2013). · cites it 4× “§§ 209(1), 1252(4) (2012), criminal restraint (Class D), 17-A M.R.S. § 302(1)(B)(1) (2012), and violation of a condition of release (Class E), 15 M.”

State v. Haag, 48 A.3d 207 (Me. 2012). · cites it 3× “152(1)(B) (2011), and criminal restraint, see 17-A M.R.S. § 302(1)(A)(1) (2011). [¶ 15] On February 10, 2011, the jury found Haag guilty of two counts of kidnapping.”

United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “460 (2005) (elevating the offense to a felony under certain circumstances, including when a deadly weapon is used); Ohio Rev.Code Ann. § 2905.03 (West 1997); Tex.”

State v. Littlefield, 389 A.2d 16 (Me. 1978). · cites it 2× “Appellant contends that although the evidence showed that all the victims were restrained in a manner made criminal by 17-A M.R.S.A. § 302, the evidence did not support his convictions for kidnapping under § 301.”

State v. Giglio, 441 A.2d 303 (Me. 1982). · cites it 2× “17-A M.R.S.A. § 302 (Supp. 1980). 5 . 17-A M.”

State v. Hofland, 58 A.3d 1023 (Me. 2012). “§ 401(1)(B)(1) (2011); and one count of criminal restraint (Class D), 17-A M.R.S. § 302(1)(A)(1). The court imposed sentences of thirty years and five years, to be served consecutively, and sentences of ten years and 364 days, to be served concurrently.”

State v. Robinson, 1999 ME 86 (Me. 1999). · cites it 2× “1998), and one count of criminal restraint (Class D), 17-A M.R.S.A. § 302 (1983 & Supp.1998). On appeal, Robinson argues that the Superior Court (1) erred in denying his motion to suppress the complainant’s in-court identification; (2) erred in excluding Department of Human…”

State v. Butt, 656 A.2d 1225 (Me. 1995). “” 17-A M.R.S.A. § 302 comment (1983). Neither in the original comment to the statute, nor in its subsequent changes, has the Legislature ever stated that a person cannot violate section 303 unless he is in contravention of a court ordered custody decree.”

State v. Benner, 385 A.2d 48 (Me. 1978). · cites it 2× “§ 401), an indictment for criminal restraint (17-A M.R.S.A. § 302(1)(C)) and two indictments for terrorizing (17-A M.”

State v. Grindle, 160 A.3d 528 (Me. 2017). · cites it 2× “§ 209-A(l)(B)(l) (2016); and criminal restraint (Class D), 17-A M.R.S. § 302(1)(B)(1) (2016), entered by the trial court (Hancock County, Murray J.”

Morrill v. State of Maine (Me. Super. Ct 2014). · cites it 3× “The indictment charges a violation of 17-A M.R.S.A. § 302(1)(A)(4) and not of 17-A M.”

Show all 14 citing cases →

— Me. Rev. Stat. tit. 17-A, § 302(1)(A)(1) — 3 cases

State v. Haag, 48 A.3d 207 (Me. 2012). “152(1)(B) (2011), and criminal restraint, see 17-A M.R.S. § 302(1)(A)(1) (2011). [¶ 15] On February 10, 2011, the jury found Haag guilty of two counts of kidnapping.”

Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). “[¶ 8] The officers transported Richards to the Kittery Police Department where she was charged with criminal restraint in violation of 17-A M.R.S.A. § 302 (1983 & Supp.2000). Subsequently, the York County District Attorney’s Office declined to prosecute Richards.”

State v. Hofland, 58 A.3d 1023 (Me. 2012). “§ 401(1)(B)(1) (2011); and one count of criminal restraint (Class D), 17-A M.R.S. § 302(1)(A)(1). The court imposed sentences of thirty years and five years, to be served consecutively, and sentences of ten years and 364 days, to be served concurrently.”

— Me. Rev. Stat. tit. 17-A, § 302(1)(A)(3) — 1 case

Morrill v. State of Maine (Me. Super. Ct 2014). “The indictment charges a violation of 17-A M.R.S.A. § 302(1)(A)(4) and not of 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 302(1)(A)(4) — 1 case

Morrill v. State of Maine (Me. Super. Ct 2014). “The indictment charges a violation of 17-A M.R.S.A. § 302(1)(A)(4) and not of 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 302(1)(B) — 1 case

State v. Giglio, 441 A.2d 303 (Me. 1982). “17-A M.R.S.A. § 302 (Supp. 1980). 5 . 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 302(1)(B)(1) — 4 cases

State of Maine v. Samadi M. Hassan, 2013 ME 98 (Me. 2013). “§§ 209(1), 1252(4) (2012), criminal restraint (Class D), 17-A M.R.S. § 302(1)(B)(1) (2012), and violation of a condition of release (Class E), 15 M.”

United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “460 (2005) (elevating the offense to a felony under certain circumstances, including when a deadly weapon is used); Ohio Rev.Code Ann. § 2905.03 (West 1997); Tex.”

State v. Grindle, 160 A.3d 528 (Me. 2017). “§ 209-A(l)(B)(l) (2016); and criminal restraint (Class D), 17-A M.R.S. § 302(1)(B)(1) (2016), entered by the trial court (Hancock County, Murray J.”

State of Maine v. Jacob Miller (Me. 2026).

— Me. Rev. Stat. tit. 17-A, § 302(1)(C) — 1 case

State v. Benner, 385 A.2d 48 (Me. 1978). “§ 401), an indictment for criminal restraint (17-A M.R.S.A. § 302(1)(C)) and two indictments for terrorizing (17-A M.”

— Me. Rev. Stat. tit. 17-A, § 302(3) — 1 case

Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). “[¶ 8] The officers transported Richards to the Kittery Police Department where she was charged with criminal restraint in violation of 17-A M.R.S.A. § 302 (1983 & Supp.2000). Subsequently, the York County District Attorney’s Office declined to prosecute Richards.”

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