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

Me. Rev. Stat. tit. 17-A, § 354 (2026)

Theft by deception

✓ current as of May 2026
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1.  A person is guilty of theft if:  
A. The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; or   [PL 2001, c. 383, §34 (NEW); PL 2001, c. 383, §156 (AFF).]
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.   [PL 2007, c. 476, §11 (AMD).]
[PL 2007, c. 476, §11 (AMD).]
2.  For purposes of this section, deception occurs when a person intentionally:  
A. Creates or reinforces an impression that is false and that the person does not believe to be true, including false impressions that the person is a veteran or a member of the Armed Forces of the United States or a state military force and false impressions as to identity, law, value, knowledge, opinion, intention or other state of mind; except that an intention not to perform a promise, or knowledge that a promise will not be performed, may not be inferred from the fact alone that the promise was not performed;   [PL 2015, c. 437, §1 (AMD).]
B. Fails to correct an impression that is false and that the person does not believe to be true and that:  
(1) The person had previously created or reinforced; or  
(2) The person knows to be influencing another whose property is involved and to whom the person stands in a fiduciary or confidential relationship;   [PL 2001, c. 383, §34 (RPR); PL 2001, c. 383, §156 (AFF).]
C. Prevents another from acquiring information that is relevant to the disposition of the property involved; or   [PL 2001, c. 383, §34 (RPR); PL 2001, c. 383, §156 (AFF).]
D. Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property that the person transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.   [PL 2001, c. 383, §34 (RPR); PL 2001, c. 383, §156 (AFF).]
[PL 2015, c. 437, §1 (AMD).]
3.  It is not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.  
[PL 2001, c. 383, §34 (RPR); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §47 (AMD). PL 1999, c. 455, §1 (AMD). PL 2001, c. 383, §34 (RPR). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D4 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §11 (AMD). PL 2015, c. 21, §1 (AMD). PL 2015, c. 437, §1 (AMD).
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Notes of Decisions
Cited in 58 cases (2 in the last 5 years), 1978–2026 · leading case: State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013).
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State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013). · cites it 8× ““A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result.” 17-A M.”
State v. Bouchard, 2005 ME 106 (Me. 2005). · cites it 4× “[¶ 1] Jason Bouchard appeals from judgments of conviction for theft by deception (Class C), 17-A M.R.S.A. § 354 (Supp. 2004); theft by unauthorized taking or transfer (Class B), 17-A M.”
State v. Nelson, 2010 ME 40 (Me. 2010). · cites it 4× “) convicting him of two counts of theft by deception (Class B and C), 17-A M.R.S.A. § 354 (1983 & Supp.2002); 17-A M.”
State of Maine v. Stephen J. Tucker Sr., 2015 ME 68 (Me. 2015). · cites it 5× “) on a jury verdict finding him guilty of theft by deception (Class B), 17-A M.R.S. § 354 (2014). He claims that the court erred in (1) admitting testimony that he claims was inaccurate and prejudicial, (2) allowing the state to reopen its case after it had rested, and (3)…”
State v. Hayward, 156 A.3d 734 (Me. 2017). · cites it 4× “” 17-A M.R.S. § 354(1)(A) (2016). “[Deception occurs when a person intentionally .”
State of Maine v. Roda O. Abdi State of Maine v. Ali-Nassir H. Ahmed, 2015 ME 23 (Me. 2015). · cites it 4× “They are now before us on appeal from their convictions of theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2014), entered in the Superior Court (Androscoggin County, Clifford, J.”
State v. Young, 1998 ME 107 (Me. 1998). · cites it 8× “) following a jury verdict finding him guilty of theft by deception in violation of 17-A M.R.S.A § 354 (1983). 1 Young argues that there was insufficient evidence for the jury to find that he failed to disclose the existence of a mortgage on property that he sold to the victims,…”
State of Maine v. Crystal Hodsdon, 2016 ME 46 (Me. 2016). · cites it 2× “” 17-A M.R.S. § 354(1)(A) (2015). The false impression that a- defendant makes in commission of a theft by deception may-relate to their intention or other state of mind.”
State of Maine v. Gregory P. McLaughlin, 2020 ME 82 (Me. 2020). · cites it 11× “Sufficiency of the Evidence [¶18] McLaughlin argues that the evidence was insufficient for the jury to find beyond a reasonable doubt that he committed theft by deception because the State did not establish that the statutorily required elements of deception and an intent to…”
State v. Maier, 423 A.2d 235 (Me. 1980). · cites it 3× “Upon a hearing held December 7,1979, on a motion for revocation of his probation, the Defendant was found to have committed theft by deception, 17-A M.R.S.A. § 354 (Supp.1980) and an order was entered revoking his probation.”
State of Maine v. Wendy L. Gagne, 2019 ME 7 (Me. 2019). · cites it 3× “17-A M.R.S.A. § 354 (1983 & Supp. 2002) ; 17-A M.”
State v. Fredette, 462 A.2d 17 (Me. 1983). · cites it 2× “He seemingly ruled that the statements would tend to subject Laverriere to a charge of theft by deception, 17-A M.R.S.A. § 354 (1983), because Laverriere told Frenette, Lerman and Droggitis that he would take the money from Mrs.”
Show all 58 citing cases →
— Me. Rev. Stat. tit. 17-A, § 354(1) — 4 cases
State of Maine v. Wendy L. Gagne, 2019 ME 7 (Me. 2019). “17-A M.R.S.A. § 354 (1983 & Supp. 2002) ; 17-A M.”
State v. Morrison, 723 A.2d 869 (Me. 1998).
State v. Guay, 451 A.2d 631 (Me. 1982).
State v. McLaughlin, 977 A.2d 1008 (Me. 2009).
— Me. Rev. Stat. tit. 17-A, § 354(1)(A) — 10 cases
State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013). ““A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result.” 17-A M.”
State of Maine v. Crystal Hodsdon, 2016 ME 46 (Me. 2016). “” 17-A M.R.S. § 354(1)(A) (2015). The false impression that a- defendant makes in commission of a theft by deception may-relate to their intention or other state of mind.”
State v. Hayward, 156 A.3d 734 (Me. 2017). “” 17-A M.R.S. § 354(1)(A) (2016). “[Deception occurs when a person intentionally .”
Steven Lamarre v. State of Maine, 2013 ME 110 (Me. 2013).
State v. Skarbinski, 2011 ME 65 (Me. 2011).
— Me. Rev. Stat. tit. 17-A, § 354(1)(B)(1) — 10 cases
State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013). ““A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result.” 17-A M.”
State of Maine v. Roda O. Abdi State of Maine v. Ali-Nassir H. Ahmed, 2015 ME 23 (Me. 2015). “They are now before us on appeal from their convictions of theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2014), entered in the Superior Court (Androscoggin County, Clifford, J.”
State of Maine v. Crystal Hodsdon, 2016 ME 46 (Me. 2016). “” 17-A M.R.S. § 354(1)(A) (2015). The false impression that a- defendant makes in commission of a theft by deception may-relate to their intention or other state of mind.”
State of Maine v. Michaela C. Davenport, 2016 ME 69 (Me. 2016).
State v. DeGennaro, 46 A.3d 1147 (Me. 2012).
— Me. Rev. Stat. tit. 17-A, § 354(1)(B)(4) — 2 cases
State of Maine v. Danielle A. Beckwith, 2015 ME 72 (Me. 2015).
State v. McLaughlin, 977 A.2d 1008 (Me. 2009).
— Me. Rev. Stat. tit. 17-A, § 354(1)(B)(6) — 4 cases
State v. Hayward, 156 A.3d 734 (Me. 2017). “” 17-A M.R.S. § 354(1)(A) (2016). “[Deception occurs when a person intentionally .”
State of Maine v. Gregory P. McLaughlin, 2020 ME 82 (Me. 2020). “Sufficiency of the Evidence [¶18] McLaughlin argues that the evidence was insufficient for the jury to find beyond a reasonable doubt that he committed theft by deception because the State did not establish that the statutorily required elements of deception and an intent to…”
State of Maine v. Gregory P. McLaughlin, 2020 ME 82 (Me. 2020).
State of Maine v. Bethany Hayward, 2017 ME 33 (Me. 2017).
— Me. Rev. Stat. tit. 17-A, § 354(2)(A) — 6 cases
State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013). ““A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result.” 17-A M.”
State v. Hayward, 156 A.3d 734 (Me. 2017). “” 17-A M.R.S. § 354(1)(A) (2016). “[Deception occurs when a person intentionally .”
State of Maine v. Gregory P. McLaughlin, 2020 ME 82 (Me. 2020). “Sufficiency of the Evidence [¶18] McLaughlin argues that the evidence was insufficient for the jury to find beyond a reasonable doubt that he committed theft by deception because the State did not establish that the statutorily required elements of deception and an intent to…”
State v. McLaughlin, 977 A.2d 1008 (Me. 2009).
State v. DeGennaro, 46 A.3d 1147 (Me. 2012).
— Me. Rev. Stat. tit. 17-A, § 354(2)(B) — 3 cases
State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013). ““A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result.” 17-A M.”
State of Maine v. Gregory P. McLaughlin, 2020 ME 82 (Me. 2020). “Sufficiency of the Evidence [¶18] McLaughlin argues that the evidence was insufficient for the jury to find beyond a reasonable doubt that he committed theft by deception because the State did not establish that the statutorily required elements of deception and an intent to…”
State of Maine v. Gregory P. McLaughlin, 2020 ME 82 (Me. 2020).
— Me. Rev. Stat. tit. 17-A, § 354(2)(B)(1) — 1 case
State of Maine v. Thomas P. Woodard, 2013 ME 36 (Me. 2013). ““A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result.” 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 354(2)(D) — 1 case
State v. Young, 1998 ME 107 (Me. 1998). “) following a jury verdict finding him guilty of theft by deception in violation of 17-A M.R.S.A § 354 (1983). 1 Young argues that there was insufficient evidence for the jury to find that he failed to disclose the existence of a mortgage on property that he sold to the victims,…”
— Me. Rev. Stat. tit. 17-A, § 354(3) — 2 cases
State v. Bouchard, 2005 ME 106 (Me. 2005). “[¶ 1] Jason Bouchard appeals from judgments of conviction for theft by deception (Class C), 17-A M.R.S.A. § 354 (Supp. 2004); theft by unauthorized taking or transfer (Class B), 17-A M.”
State v. McLaughlin, 977 A.2d 1008 (Me. 2009).
— Me. Rev. Stat. tit. 17-A, § 354(l) — 1 case
State of Maine v. Roda O. Abdi State of Maine v. Ali-Nassir H. Ahmed, 2015 ME 23 (Me. 2015). “They are now before us on appeal from their convictions of theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2014), entered in the Superior Court (Androscoggin County, Clifford, J.”
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