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

Me. Rev. Stat. tit. 17-A, § 353 (2026)

Theft by unauthorized taking or transfer

✓ current as of May 2026
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1.  A person is guilty of theft if:  
A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime;   [PL 2005, c. 199, §4 (AMD).]
B. The person violates paragraph A and:  
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;  
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;  
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;  
(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;  
(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or  
(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9‑A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime; or   [PL 2007, c. 476, §10 (AMD).]
C. The person knowingly operates an audiovisual or audio recording function of any device in a motion picture theater while a motion picture is being exhibited for the purpose of making a copy of the motion picture, without the written consent of the motion picture theater owner. Violation of this paragraph is a Class D crime.   [PL 2005, c. 199, §4 (NEW).]
[PL 2007, c. 476, §10 (AMD).]
2.  As used in this section, "exercises unauthorized control" includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement.  
[PL 2001, c. 383, §33 (RPR); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2001, c. 383, §33 (RPR). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D3 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2005, c. 199, §4 (AMD). PL 2007, c. 476, §10 (AMD).
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Notes of Decisions
Cited in 239 cases (10 in the last 5 years), 1977–2026 · leading case: Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009).
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Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009). · cites it 7× “In all events, the court posited that Webster would be entitled to qualified immunity because "a reasonable official would have believed that criminal activity, prostitution, was afoot, that Maine law permitted him to arrest Plaintiff and that he had probable cause to believe…”
State v. Schmidt, 2008 ME 151 (Me. 2008). · cites it 7× “) finding him guilty of two counts of theft by unauthorized taking or transfer (Class B), 17-A M.R.S. § 353(1)(A), (B)(1) (2007); six counts of theft by unauthorized taking or transfer (Class C), 17-A M.”
State of Maine v. Wai Chan, 2020 ME 91 (Me. 2020). · cites it 4× “§ 401(1)(B)(4), and one count of theft (Class B), 17-A M.R.S. § 353(1)(B)(1) (2020). After Chan pleaded not guilty to both charges, he moved to suppress two surveillance video recordings that the police had obtained.”
State of Maine v. Matthew R. Davis, 2018 ME 116 (Me. 2018). · cites it 4× “§ 802(1)(A) (2017) ; one count of theft (Class B), 17-A M.R.S. § 353(1)(B)(1) (2017) ; two counts of theft (Class C), 17-A M.”
State v. Cook, 2010 ME 85 (Me. 2010). · cites it 9× “§ 401(1)(A) (2009); one count of theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(4) (2009); one count of theft by unauthorized taking or transfer (Class D), 17-A M.”
State v. Bruzzese, 2009 ME 61 (Me. 2009). · cites it 5× “17-A M.R.S. § 353(1) (2008). Except in certain defined circumstances not present here, “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…”
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). · cites it 6× “[¶ 16]' Pursuant to 17-A M.R.S. § 353(1)(A) (2014), entitled “Theft by unauthorized taking or transfer,” “[a] person is guilty of theft if .”
State v. Milliken, 2010 ME 1 (Me. 2010). · cites it 4× “” Pursuant to 17-A M.R.S. § 353(1)(A) (2008), a person is guilty of theft if “[t]he person obtains or exercises unauthorized control 6 over the property of *1159 another with intent to deprive the other person of the property.”
State of Maine v. Matthew Reed, 2013 ME 5 (Me. 2013). · cites it 5× “See 17-A M.R.S. § 353(1)(A) (2012); State v. Cook, 2010 ME 85, ¶ 10 , 2 A.”
State v. Bouchard, 2005 ME 106 (Me. 2005). · cites it 4× “2004); theft by unauthorized taking or transfer (Class B), 17-A M.R.S.A. § 353 (Supp.2004); and misuse of entrusted property (Class D), 17-A M.”
State of Maine v. Karl v. Kittredge, 2014 ME 90 (Me. 2014). · cites it 3× “) upon a jury verdict finding him guilty of theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(4) (2013). In addition to his challenge to the court’s denial of his motion to suppress statements made during the police interview, Kittredge argues that…”
State of Maine v. Michael J. Warner II, 2019 ME 140 (Me. 2019). · cites it 6× “) held a nontestimonial hearing and, after determining that the defendants made a sufficient preliminary showing to justify a hearing, held a three-day hearing for taking (Class B), 17-A M.R.S. § 353(1)(B)(1) (2018); and one count of theft by unauthorized taking (Class C), 17-A…”
Show all 239 citing cases →
— Me. Rev. Stat. tit. 17-A, § 353(1) — 22 cases
State v. Coombs, 1998 ME 1 (Me. 1998).
State v. Crocker, 435 A.2d 1109 (Me. 1981).
State v. Small, 2003 ME 107 (Me. 2003).
State v. Radley, 2002 ME 150 (Me. 2002).
State v. Collin, 1999 ME 187 (Me. 1999).
— Me. Rev. Stat. tit. 17-A, § 353(1)(A) — 44 cases
Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009). “In all events, the court posited that Webster would be entitled to qualified immunity because "a reasonable official would have believed that criminal activity, prostitution, was afoot, that Maine law permitted him to arrest Plaintiff and that he had probable cause to believe…”
State v. Schmidt, 2008 ME 151 (Me. 2008). “) finding him guilty of two counts of theft by unauthorized taking or transfer (Class B), 17-A M.R.S. § 353(1)(A), (B)(1) (2007); six counts of theft by unauthorized taking or transfer (Class C), 17-A M.”
State v. Cook, 2010 ME 85 (Me. 2010). “§ 401(1)(A) (2009); one count of theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(4) (2009); one count of theft by unauthorized taking or transfer (Class D), 17-A M.”
State of Maine v. Karl v. Kittredge, 2014 ME 90 (Me. 2014). “) upon a jury verdict finding him guilty of theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(4) (2013). In addition to his challenge to the court’s denial of his motion to suppress statements made during the police interview, Kittredge argues that…”
State v. Milliken, 2010 ME 1 (Me. 2010). “” Pursuant to 17-A M.R.S. § 353(1)(A) (2008), a person is guilty of theft if “[t]he person obtains or exercises unauthorized control 6 over the property of *1159 another with intent to deprive the other person of the property.”
— Me. Rev. Stat. tit. 17-A, § 353(1)(B) — 1 case
State v. Burns, 2011 ME 92 (Me. 2011).
— Me. Rev. Stat. tit. 17-A, § 353(1)(B)(1) — 12 cases
State of Maine v. Wai Chan, 2020 ME 91 (Me. 2020). “§ 401(1)(B)(4), and one count of theft (Class B), 17-A M.R.S. § 353(1)(B)(1) (2020). After Chan pleaded not guilty to both charges, he moved to suppress two surveillance video recordings that the police had obtained.”
State of Maine v. Matthew R. Davis, 2018 ME 116 (Me. 2018). “§ 802(1)(A) (2017) ; one count of theft (Class B), 17-A M.R.S. § 353(1)(B)(1) (2017) ; two counts of theft (Class C), 17-A M.”
State of Maine v. Michael J. Warner II, 2019 ME 140 (Me. 2019). “) held a nontestimonial hearing and, after determining that the defendants made a sufficient preliminary showing to justify a hearing, held a three-day hearing for taking (Class B), 17-A M.R.S. § 353(1)(B)(1) (2018); and one count of theft by unauthorized taking (Class C), 17-A…”
State of Maine v. Jody B. Flynn, 2015 ME 149 (Me. 2015).
State v. Schmidt, 2008 ME 151 (Me. 2008). “) finding him guilty of two counts of theft by unauthorized taking or transfer (Class B), 17-A M.R.S. § 353(1)(A), (B)(1) (2007); six counts of theft by unauthorized taking or transfer (Class C), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 353(1)(B)(2) — 5 cases
State of Maine v. Anthony Lord, 2019 ME 82 (Me. 2019).
State of Maine v. Timothy D. Curtis, 2019 ME 100 (Me. 2019).
State of Maine v. Christopher J. Johndro, 2013 ME 106 (Me. 2013).
State of Maine v. Timothy D. Curtis, 2019 ME 100 (Me. 2019).
State of Maine v. Kevin M. O'Donnell, 2019 ME 98 (Me. 2019).
— Me. Rev. Stat. tit. 17-A, § 353(1)(B)(4) — 13 cases
State v. Bruzzese, 2009 ME 61 (Me. 2009). “17-A M.R.S. § 353(1) (2008). Except in certain defined circumstances not present here, “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…”
State of Maine v. Wai Chan, 2020 ME 91 (Me. 2020). “§ 401(1)(B)(4), and one count of theft (Class B), 17-A M.R.S. § 353(1)(B)(1) (2020). After Chan pleaded not guilty to both charges, he moved to suppress two surveillance video recordings that the police had obtained.”
State of Maine v. Matthew R. Davis, 2018 ME 116 (Me. 2018). “§ 802(1)(A) (2017) ; one count of theft (Class B), 17-A M.R.S. § 353(1)(B)(1) (2017) ; two counts of theft (Class C), 17-A M.”
State of Maine v. Matthew Reed, 2013 ME 5 (Me. 2013). “See 17-A M.R.S. § 353(1)(A) (2012); State v. Cook, 2010 ME 85, ¶ 10 , 2 A.”
State of Maine v. Michael J. Warner II, 2019 ME 140 (Me. 2019). “) held a nontestimonial hearing and, after determining that the defendants made a sufficient preliminary showing to justify a hearing, held a three-day hearing for taking (Class B), 17-A M.R.S. § 353(1)(B)(1) (2018); and one count of theft by unauthorized taking (Class C), 17-A…”
— Me. Rev. Stat. tit. 17-A, § 353(1)(B)(5) — 9 cases
State of Maine v. Matthew Reed, 2013 ME 5 (Me. 2013). “See 17-A M.R.S. § 353(1)(A) (2012); State v. Cook, 2010 ME 85, ¶ 10 , 2 A.”
State v. Christian, 40 A.3d 938 (Me. 2012).
State v. Cook, 2010 ME 85 (Me. 2010). “§ 401(1)(A) (2009); one count of theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(4) (2009); one count of theft by unauthorized taking or transfer (Class D), 17-A M.”
State v. Cobb, 2006 ME 43 (Me. 2006).
State of Maine v. Jessica Babb, 2014 ME 129 (Me. 2014).
— Me. Rev. Stat. tit. 17-A, § 353(1)(B)(6) — 6 cases
State v. Hayward, 156 A.3d 734 (Me. 2017).
State of Maine v. Christopher J. Johndro, 2013 ME 106 (Me. 2013).
Steven Lamarre v. State of Maine, 2013 ME 110 (Me. 2013).
State of Maine v. Alan D. Perkins, 2014 ME 159 (Me. 2014).
State of Maine v. Desiray A. Poulin, 2016 ME 40 (Me. 2016).
— Me. Rev. Stat. tit. 17-A, § 353(1)(B)(l) — 1 case
Chase v. Chase (Me. Super. Ct 2018).
— Me. Rev. Stat. tit. 17-A, § 353(2) — 4 cases
State v. Milliken, 2010 ME 1 (Me. 2010). “” Pursuant to 17-A M.R.S. § 353(1)(A) (2008), a person is guilty of theft if “[t]he person obtains or exercises unauthorized control 6 over the property of *1159 another with intent to deprive the other person of the property.”
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). “[¶ 16]' Pursuant to 17-A M.R.S. § 353(1)(A) (2014), entitled “Theft by unauthorized taking or transfer,” “[a] person is guilty of theft if .”
State of Maine v. Jody B. Flynn, 2015 ME 149 (Me. 2015).
State v. Duval, 666 A.2d 496 (Me. 1995).
— Me. Rev. Stat. tit. 17-A, § 353(B)(1) — 1 case
State v. Bouchard, 2005 ME 106 (Me. 2005). “2004); theft by unauthorized taking or transfer (Class B), 17-A M.R.S.A. § 353 (Supp.2004); and misuse of entrusted property (Class D), 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 353(a) — 1 case
Jordan v. Town of Waldoboro, 943 F.3d 532 (1st Cir. 2019).
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