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

Me. Rev. Stat. tit. 17-A, § 303 (2026)

Criminal restraint by parent

✓ current as of May 2026
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1.  A person is guilty of criminal restraint by a parent if, being the parent of a child and knowing the person has no legal right to do so, the person takes, retains or entices the child:  
A. Who has not in fact attained 16 years of age, from the custody of the child's other parent, guardian or other lawful custodian with the intent to remove the child from the State or to secrete the child and hold the child in a place where the child is not likely to be found. Violation of this paragraph is a Class C crime;   [PL 2007, c. 96, §7 (AMD).]
B. Who resides in another state and who has not in fact attained 16 years of age, from the custody of the child's other parent, guardian or other lawful custodian, whose custodial authority was established by a court of this State, with the intent to remove the child from that state or to secrete the child and hold the child in a place where the child is not likely to be found. Violation of this paragraph is a Class C crime; or   [PL 2007, c. 96, §7 (AMD).]
C. Who is either 16 or 17 years of age, from the custody of the Department of Corrections or the Department of Health and Human Services with the intent to remove the child from the State or to secrete the child and hold the child in a place where the child is not likely to be found. Violation of this paragraph is a Class D crime.   [PL 2007, c. 96, §7 (NEW).]
[PL 2007, c. 96, §7 (AMD).]
2.  Consent by the child taken, enticed or retained is not a defense under this section.  
[PL 2007, c. 96, §7 (AMD).]
3.  A law enforcement officer may not be held liable for taking physical custody of a child who the officer reasonably believes has been taken, retained or enticed in violation of this section and for delivering the child to a person who the officer reasonably believes is the child's lawful custodian or to any other suitable person.  
For purposes of this subsection, "reasonable belief a child has been taken, retained or enticed in violation of this section" includes, but is not limited to, a determination by a law enforcement officer, based on the officer's review of the terms of a certified copy of the most recent court decree granting custody of the child, that the parent who is exercising control over the child is not the person authorized to have custody under terms of the decree.  
[PL 2007, c. 96, §7 (AMD).]
4.  A law enforcement officer may arrest without a warrant any person who the officer has probable cause to believe has violated or is violating this section.  
[PL 2007, c. 96, §7 (AMD).]
5. 
[PL 2007, c. 96, §7 (RP).]
SECTION HISTORY
PL 1979, c. 512, §26 (NEW). PL 1981, c. 669, §§1-3 (AMD). PL 2007, c. 96, §7 (AMD).
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Notes of Decisions
Cited in 9 cases, 1984–2019 · leading case: State v. Butt, 656 A.2d 1225 (Me. 1995).
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State v. Butt, 656 A.2d 1225 (Me. 1995). · cites it 3× “17-A M.R.S.A. § 303(1) (1983) provides, in pertinent part: 1.”
State v. Hanson, 483 A.2d 723 (Me. 1984). · cites it 2× “Defendant Eugenia Hills Hanson appeals from a denial by the Superior Court (Ken-nebec County) of a motion to dismiss an indictment charging her with a violation of 17-A M.R.S.A. § 303 (1983), criminal re *724 Straint by a parent.”
State v. Roberts, 2008 ME 112 (Me. 2008). “§ 301(1), (2) (2007); and the elements of criminal restraint by a parent, 17-A M.R.S. § 303(1)(A), (B) (2007). The jury was also instructed that “it is a defense to a prosecution for the crime of kidnapping that the person restrained is the child of the actor.”
State v. Haag, 48 A.3d 207 (Me. 2012). “Amanda was charged with two counts of criminal restraint by a parent (Class C), 17-A M.R.S. § 303(1)(A) (2011). Haag and Amanda were tried jointly.”
Fonte v. Collins, 713 F. Supp. 511 (D. Me. 1989). · cites it 3× “17-A M.R.S.A. § 303. Defendants argue that it was reasonable for them to believe that Plaintiff had violated section 303(1)(A), thereby “engaging in a criminal act” as *516 this term is used in the section 751 description of obstructing government administration.”
In re Child. of Bethmarie R., 2019 ME 59 (Me. 2019). “Similarly, we do not repeat the relevant facts relating to the mother's conviction for criminal restraint by a parent (Class C), 17-A M.R.S. § 303(1)(A) (2018)-a case that concerned these children-which we discussed in State v.”
Cynthia Stacey-Sotiriou v. Eve A. Sotiriou, 2014 ME 145 (Me. 2014). “As a result of her actions in taking the child to Greece and violating the court’s temporary order, Eve was charged with criminal restraint by a parent (Class C), 17-A M.R.S. § 303(1)(A) (2013). When she returned to Maine, the matter was resolved through a deferred disposition…”
State v. Tarmey, 2000 ME 23 (Me. 2000). “[¶ 5] Tarmey was indicted by the grand jury for criminal restraint by a parent pursuant to 17-A M.R.S.A. § 303 (1983), 2 and for unauthorized use of property pursuant to 17-A M.”
Doe v. Fowle (Me. Super. Ct 2006). “§4660-A (2011) ("Whenever a law enforcement officerhas reason to believe that a person has been a victim of harassment, the officer shall immediately use all reasonable means to prevent further harassment"); 17-A M.R.S. §303 (2011) ("For purposes of this subsection, 'reasonable…”
— Me. Rev. Stat. tit. 17-A, § 303(1) — 1 case
State v. Butt, 656 A.2d 1225 (Me. 1995). “17-A M.R.S.A. § 303(1) (1983) provides, in pertinent part: 1.”
— Me. Rev. Stat. tit. 17-A, § 303(1)(A) — 6 cases
State v. Roberts, 2008 ME 112 (Me. 2008). “§ 301(1), (2) (2007); and the elements of criminal restraint by a parent, 17-A M.R.S. § 303(1)(A), (B) (2007). The jury was also instructed that “it is a defense to a prosecution for the crime of kidnapping that the person restrained is the child of the actor.”
State v. Haag, 48 A.3d 207 (Me. 2012). “Amanda was charged with two counts of criminal restraint by a parent (Class C), 17-A M.R.S. § 303(1)(A) (2011). Haag and Amanda were tried jointly.”
State v. Butt, 656 A.2d 1225 (Me. 1995). “17-A M.R.S.A. § 303(1) (1983) provides, in pertinent part: 1.”
In re Child. of Bethmarie R., 2019 ME 59 (Me. 2019). “Similarly, we do not repeat the relevant facts relating to the mother's conviction for criminal restraint by a parent (Class C), 17-A M.R.S. § 303(1)(A) (2018)-a case that concerned these children-which we discussed in State v.”
Fonte v. Collins, 713 F. Supp. 511 (D. Me. 1989). “17-A M.R.S.A. § 303. Defendants argue that it was reasonable for them to believe that Plaintiff had violated section 303(1)(A), thereby “engaging in a criminal act” as *516 this term is used in the section 751 description of obstructing government administration.”
— Me. Rev. Stat. tit. 17-A, § 303(3) — 1 case
Fonte v. Collins, 713 F. Supp. 511 (D. Me. 1989). “17-A M.R.S.A. § 303. Defendants argue that it was reasonable for them to believe that Plaintiff had violated section 303(1)(A), thereby “engaging in a criminal act” as *516 this term is used in the section 751 description of obstructing government administration.”
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.