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

Me. Rev. Stat. tit. 17-A, § 352 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter, unless a different meaning is plainly required by the context:   [PL 1975, c. 499, §1 (NEW).]
1.  "Property" means anything of value, including but not limited to:  
A. Real estate and things growing thereon, affixed to or found thereon;   [PL 1975, c. 499, §1 (NEW).]
B. Tangible and intangible personal property;   [PL 1975, c. 499, §1 (NEW).]
C. Captured or domestic animals, birds or fishes;   [PL 1975, c. 499, §1 (NEW).]
D. Written instruments, including credit cards, or other writings representing or embodying rights concerning real or personal property, labor, services or otherwise containing anything of value to the owner;   [PL 1975, c. 499, §1 (NEW).]
E. Commodities of a public utility nature such as telecommunications, gas, electricity, steam or water; and   [PL 1975, c. 499, §1 (NEW).]
F. Trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by the owner.   [PL 2001, c. 383, §28 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §28 (AMD); PL 2001, c. 383, §156 (AFF).]
2.  "Obtain" means:  
A. In relation to property, to bring about, in or out of this State, a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another;   [PL 2001, c. 383, §29 (NEW); PL 2001, c. 383, §156 (AFF).]
B. In relation to labor or services, to secure performance of labor or services; and   [PL 2001, c. 383, §29 (NEW); PL 2001, c. 383, §156 (AFF).]
C. In relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.   [PL 2001, c. 383, §29 (NEW); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §29 (RPR); PL 2001, c. 383, §156 (AFF).]
3.  "Intent to deprive" means to have the conscious object:  
A. To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or the use and benefit of the property, would be lost; or   [PL 2001, c. 383, §30 (AMD); PL 2001, c. 383, §156 (AFF).]
B. To restore the property only upon payment of a reward or other compensation; or   [PL 1975, c. 499, §1 (NEW).]
C. To use or dispose of the property under circumstances that make it unlikely that the owner will recover it or that manifest an indifference as to whether the owner will recover it.   [PL 1981, c. 317, §8 (AMD).]
[PL 2001, c. 383, §30 (AMD); PL 2001, c. 383, §156 (AFF).]
4.  "Property of another" includes property in which any person or government other than the actor has an interest that the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.  
[PL 2001, c. 383, §31 (AMD); PL 2001, c. 383, §156 (AFF).]
5.  The meaning of "value" must be determined according to the following.  
A. Except as otherwise provided in this subsection, value means the market value of the property or services at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime.   [PL 1975, c. 499, §1 (NEW).]
B. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft or promissory note, is deemed the amount due or collectible on the instrument, and, in the case of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation, is deemed the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.   [PL 2001, c. 383, §32 (AMD); PL 2001, c. 383, §156 (AFF).]
C. The value of a trade secret that does not have a readily ascertainable market value is deemed any reasonable value representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret.   [PL 2001, c. 383, §32 (AMD); PL 2001, c. 383, §156 (AFF).]
D. If the value of property or services cannot be ascertained beyond a reasonable doubt pursuant to the standards set forth in paragraphs A to C, the trier of fact may find the value to be not less than a certain amount, and if no such minimum value can be thus ascertained, the value is deemed to be an amount less than $500.   [PL 2005, c. 527, §6 (AMD).]
E. Amounts of value involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated to charge a single theft of appropriate class or grade. Subject to the requirement that the conduct of the defense may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregated count be considered as separate thefts. An aggregated count of theft may not be deemed duplicitous because of such an order and an election may not be required. Prosecution may be brought in any venue in which one of the thefts that have been aggregated was committed.   [PL 2001, c. 383, §32 (AMD); PL 2001, c. 383, §156 (AFF).]
F. The actor's culpability as to value is not an essential requisite of liability, unless otherwise expressly provided.   [PL 2001, c. 383, §32 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2005, c. 527, §6 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §§52-54 (AMD). PL 1977, c. 510, §46 (AMD). PL 1981, c. 317, §8 (AMD). PL 1995, c. 224, §2 (AMD). PL 2001, c. 383, §§28-32 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 389, §2 (AMD). PL 2005, c. 199, §3 (AMD). PL 2005, c. 527, §6 (AMD).
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Notes of Decisions
Cited in 36 cases (2 in the last 5 years), 1976–2026 · leading case: State v. Fournier, 617 A.2d 998 (Me. 1992).
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State v. Fournier, 617 A.2d 998 (Me. 1992). · cites it 10× “The defendant was subsequently indicted for fifteen counts of aggregated theft by receiving stolen property, 17-A M.R.S.A. § 352(5)(E), and one count of knowingly negotiating a worthless instrument.”
State v. Schmidt, 2008 ME 151 (Me. 2008). · cites it 2× “” 17-A M.R.S. § 352(4) (2007). Further, “[p]rop-erty in the possession of the actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.”
State of Maine v. Damien Osborn, 2023 ME 19 (Me. 2023). · cites it 2× “12 The number of transactions did not 11 Title 17-A M.R.S.A. § 352(5)(E) (1983) has since been amended, though the amendments are not relevant in the present case.”
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). · cites it 2× “17-A M.R.S. §§ 352(3X0, 353(1)(A) (2014).”
Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976). · cites it 3× “17-A MRSA § 352, sub-§ 3, ¶ C, as enacted by PL 1975, c.”
State v. Burns, 2011 ME 92 (Me. 2011). · cites it 3× “See 17-A M.R.S. § 352(3) (2010). 4 Although a person charged with theft may have intended to repay or otherwise restore the stolen property, that person may “nonetheless consciously use[ ] the money in a way which the jury could find made it unlikely that the [rightful owner]…”
Sheffield v. State, 708 So. 2d 899 (Ala. Crim. App. 1997). “14:2; Me.Rev.Stat.Ann. tit. 17-A, § 352; Vernon's Ann.”
United States v. Damon, 127 F.3d 139 (1st Cir. 1997). “"Property” as it is used in the aggravated criminal mischief statute means "anything of value,” 17-A M.R.S.A. § 352, thus homes are just one of many forms of property that may be damaged or destroyed by offenders who violate 17-A M.”
State v. Bruzzese, 2009 ME 61 (Me. 2009). “” 17-A M.R.S. § 352(5)(A) (2008); see also State v.”
Anthony J. Casella v. James Clemons, Maine Corr. Ctr. Superintendent, 207 F.3d 18 (1st Cir. 2000). “See 17-A M.R.S.A. § 352(5)(E) (1983). It is this provision of Maine law, (the “aggregation statute”) that gives rise to the current petition.”
State of Maine v. Jody B. Flynn, 2015 ME 149 (Me. 2015). · cites it 2× “[¶ 20] Here, the State presented sufficient evidence that the funds were “[property of another,” see 17-A M.R.S. § 352(4) (2014) (defining “[property of another” as including “property in which any person .”
State v. Thibeault, 390 A.2d 1095 (Me. 1978). · cites it 2× “17-A M.R.S.A. § 352 provides in part: "The meaning of `value' shall be determined according to the following: "A.”
Show all 36 citing cases →
— Me. Rev. Stat. tit. 17-A, § 352(2)(A) — 1 case
State of Maine v. Matthew Reed, 2013 ME 5 (Me. 2013).
— Me. Rev. Stat. tit. 17-A, § 352(3) — 3 cases
State v. Burns, 2011 ME 92 (Me. 2011). “See 17-A M.R.S. § 352(3) (2010). 4 Although a person charged with theft may have intended to repay or otherwise restore the stolen property, that person may “nonetheless consciously use[ ] the money in a way which the jury could find made it unlikely that the [rightful owner]…”
State v. Harrigan, 662 A.2d 196 (Me. 1995).
State v. Moon, 2000 ME 142 (Me. 2000).
— Me. Rev. Stat. tit. 17-A, § 352(3)(A) — 2 cases
State v. Moon, 2000 ME 142 (Me. 2000).
State v. McLaughlin, 977 A.2d 1008 (Me. 2009).
— Me. Rev. Stat. tit. 17-A, § 352(3)(C) — 6 cases
State v. Bouchard, 2005 ME 106 (Me. 2005).
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). “17-A M.R.S. §§ 352(3X0, 353(1)(A) (2014).”
United States v. Colby, 882 F.3d 267 (1st Cir. 2018).
State of Maine v. Timothy D. Curtis, 2019 ME 100 (Me. 2019).
State v. Moon, 2000 ME 142 (Me. 2000).
— Me. Rev. Stat. tit. 17-A, § 352(4) — 6 cases
State v. Schmidt, 2008 ME 151 (Me. 2008). “” 17-A M.R.S. § 352(4) (2007). Further, “[p]rop-erty in the possession of the actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.”
State v. Maier, 423 A.2d 235 (Me. 1980).
State of Maine v. Jody B. Flynn, 2015 ME 149 (Me. 2015). “[¶ 20] Here, the State presented sufficient evidence that the funds were “[property of another,” see 17-A M.R.S. § 352(4) (2014) (defining “[property of another” as including “property in which any person .”
State v. DeGennaro, 46 A.3d 1147 (Me. 2012).
State v. Mahoney, 459 A.2d 1073 (Me. 1983).
— Me. Rev. Stat. tit. 17-A, § 352(5) — 2 cases
State v. Collins, 479 A.2d 344 (Me. 1984).
State v. Carsetti, 536 A.2d 1121 (Me. 1988).
— Me. Rev. Stat. tit. 17-A, § 352(5)(A) — 3 cases
State v. Bruzzese, 2009 ME 61 (Me. 2009). “” 17-A M.R.S. § 352(5)(A) (2008); see also State v.”
State v. Powell, 452 A.2d 977 (Me. 1982).
State v. Lavigne, 588 A.2d 741 (Me. 1991).
— Me. Rev. Stat. tit. 17-A, § 352(5)(B) — 1 case
State v. Burns, 2011 ME 92 (Me. 2011). “See 17-A M.R.S. § 352(3) (2010). 4 Although a person charged with theft may have intended to repay or otherwise restore the stolen property, that person may “nonetheless consciously use[ ] the money in a way which the jury could find made it unlikely that the [rightful owner]…”
— Me. Rev. Stat. tit. 17-A, § 352(5)(E) — 9 cases
State v. Fournier, 617 A.2d 998 (Me. 1992). “The defendant was subsequently indicted for fifteen counts of aggregated theft by receiving stolen property, 17-A M.R.S.A. § 352(5)(E), and one count of knowingly negotiating a worthless instrument.”
State of Maine v. Damien Osborn, 2023 ME 19 (Me. 2023). “12 The number of transactions did not 11 Title 17-A M.R.S.A. § 352(5)(E) (1983) has since been amended, though the amendments are not relevant in the present case.”
Anthony J. Casella v. James Clemons, Maine Corr. Ctr. Superintendent, 207 F.3d 18 (1st Cir. 2000). “See 17-A M.R.S.A. § 352(5)(E) (1983). It is this provision of Maine law, (the “aggregation statute”) that gives rise to the current petition.”
State of Maine v. Jody B. Flynn, 2015 ME 149 (Me. 2015). “[¶ 20] Here, the State presented sufficient evidence that the funds were “[property of another,” see 17-A M.R.S. § 352(4) (2014) (defining “[property of another” as including “property in which any person .”
State v. Dadiego, 617 A.2d 552 (Me. 1992).
— Me. Rev. Stat. tit. 17-A, § 352(E) — 1 case
State v. Nastvogel, 2002 ME 97 (Me. 2002).
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.