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

Me. Rev. Stat. tit. 17-A, § 358 (2026)

Theft by misapplication of property

✓ current as of May 2026
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1.  A person is guilty of theft if:  
A. The person obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a 3rd person or to a fund administered by that person, whether from that property or its proceeds or from that person's own property to be reserved in an equivalent or agreed amount, if that person intentionally or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as that person's own. Violation of this paragraph is a Class E crime; or   [PL 2001, c. 383, §43 (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 $2,000 and the person is a payroll processor. Violation of this paragraph is a Class B crime;  
(5) 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;  
(6) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime;  
(7) The value of the property is more than $1,000 but not more than $2,000 and the person is a payroll processor. Violation of this subparagraph is a Class C crime;  
(8) The person is a payroll processor and 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 B crime; or  
(9) 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, §16 (AMD).]
[PL 2007, c. 476, §16 (AMD).]
2.  Liability under subsection 1 is not affected by the fact that it may be impossible to identify particular property as belonging to the victim at the time of the failure to make the required payment or disposition.  
[PL 1975, c. 499, §1 (NEW).]
3.  Proof that a person is an officer or employee of the government or of a financial institution gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person:  
A. Knows of any legal obligation relevant to the person's liability under this section; and   [PL 2001, c. 383, §44 (AMD); PL 2001, c. 383, §156 (AFF).]
B. Dealt with the property as the person's own if the person fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of the person's accounts.   [PL 2001, c. 383, §44 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §44 (AMD); PL 2001, c. 383, §156 (AFF).]
4.  "Payroll processor" has the same meaning as in Title 10, section 1495.  
[PL 2001, c. 383, §45 (NEW); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2001, c. 383, §§43-45 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D9 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §16 (AMD).
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Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1980–2024 · leading case: State of Maine v. John Kendall, 2016 ME 147 (Me. 2016).
Sort: Relevance Newest Treatment
State of Maine v. John Kendall, 2016 ME 147 (Me. 2016). · cites it 7× “Kendall also argues that for the same reasons that his alleged conduct is not encompassed within 17-A M.R.S. § 358 (2015) and 36 M.R.S. § 184, the court’s jury instructions on those charges were erroneous.”
State v. Schmidt, 2008 ME 151 (Me. 2008). · cites it 3× “§ 353(1)(A), (B)(4) (2007); one count of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(A), (B)(1) (2007); and one count of negotiating a worthless instrument (Class C), 17-A M.”
Philbrook v. State, 167 A.3d 1266 (Me. 2017). “) denied his petition for post-conviction review seeking relief from a judgment of conviction entered after a jury found him guilty of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(B)(1) (2016), and securities fraud (Class C), 32 M.”
State v. Marcotte, 418 A.2d 1118 (Me. 1980). · cites it 4× “, were indicted on seven counts of theft for failure to remit sales tax incurred in the course of a retail furniture business, pursuant to 17-A M.R.S.A. § 358, Theft by Misapplication of Property.”
State v. Nelson, 714 A.2d 832 (Me. 1998). · cites it 4× “2 At trial the State argued that Nelson had committed theft by unauthorized taking as well as theft by misapplication of property in violation of 17-A M.R.S.A. § 358(1) (1983). 3 The jury convict ed Nelson of theft and this appeal followed.”
State v. Pleasant Hill Health Facility, Inc., 496 A.2d 306 (Me. 1985). · cites it 4× “(Pleasant Hill), the defendant, appeals from its *307 conviction after jury trial in the Superior Court, Somerset County, on a charge of theft by misapplication of property, a Class C crime in violation of 17-A M.R.S.A. § 358 (1983). We affirm the judgment.”
State v. Schmidt, 2010 ME 8 (Me. 2010). “§ 353(1)(A), (B)(1) (2009); one count of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(A), (B)(1) (2009); and one count of negotiating a worthless instrument (Class C), 17-A M.”
State v. Robbins, 999 A.2d 936 (Me. 2010). “§ 401(1)(B)(4) (2009); theft by unauthorized taking (Class B), 17-A M.R.S. § 358(1)(A), (B)(4) (2009); assault (Class D), 17-A M.”
State v. Moon, 2000 ME 142 (Me. 2000). · cites it 3× “§ 353 (1983) and subsequently indicted for theft by misapplication of property in violation of 17-A M.R.S.A. § 358 (1983). 2 In a trial on the consolidated counts, defendant was found guilty of theft in violation of 17-A M.”
State v. Billadeau, 597 A.2d 414 (Me. 1991). · cites it 2× “) entered on jury verdicts finding him guilty of three counts of theft by misapplication of property in violation of 17-A M.R.S.A. § 358 (1983). 1 Billadeau contends that (1) the trial court erred by refusing to rule on his motion in limine to determine the admissibility of his…”
State of Maine v. James A. Philbrook, 2013 ME 86 (Me. 2013). “) on a jury verdict convicting him of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(B)(1) (2012), and securities fraud (Class C), 32 M.”
State v. Jalbert, 537 A.2d 593 (Me. 1988). “The defendant, Patrick Jalbert, was charged with obtaining cash benefits from the Social Security Administration on behalf of his son and intentionally or recklessly failing to make required payments to the Bangor Mental Health Institute on the son’s behalf, and he appeals his…”
Show all 20 citing cases →
— Me. Rev. Stat. tit. 17-A, § 358(1) — 5 cases
State v. Nelson, 714 A.2d 832 (Me. 1998). “2 At trial the State argued that Nelson had committed theft by unauthorized taking as well as theft by misapplication of property in violation of 17-A M.R.S.A. § 358(1) (1983). 3 The jury convict ed Nelson of theft and this appeal followed.”
State v. Perkins, 518 A.2d 715 (Me. 1986).
State v. McNally, 443 A.2d 56 (Me. 1982).
State of Maine v. Dale F. Thistle, 2024 ME 6 (Me. 2024).
State of Maine v. Dale F. Thistle, 2024 ME 6 (Me. 2024).
— Me. Rev. Stat. tit. 17-A, § 358(1)(A) — 6 cases
State of Maine v. John Kendall, 2016 ME 147 (Me. 2016). “Kendall also argues that for the same reasons that his alleged conduct is not encompassed within 17-A M.R.S. § 358 (2015) and 36 M.R.S. § 184, the court’s jury instructions on those charges were erroneous.”
State v. Schmidt, 2008 ME 151 (Me. 2008). “§ 353(1)(A), (B)(4) (2007); one count of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(A), (B)(1) (2007); and one count of negotiating a worthless instrument (Class C), 17-A M.”
State v. Schmidt, 2010 ME 8 (Me. 2010). “§ 353(1)(A), (B)(1) (2009); one count of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(A), (B)(1) (2009); and one count of negotiating a worthless instrument (Class C), 17-A M.”
State v. Robbins, 999 A.2d 936 (Me. 2010). “§ 401(1)(B)(4) (2009); theft by unauthorized taking (Class B), 17-A M.R.S. § 358(1)(A), (B)(4) (2009); assault (Class D), 17-A M.”
State of Maine v. Dale F. Thistle, 2024 ME 6 (Me. 2024).
— Me. Rev. Stat. tit. 17-A, § 358(1)(B)(1) — 5 cases
Philbrook v. State, 167 A.3d 1266 (Me. 2017). “) denied his petition for post-conviction review seeking relief from a judgment of conviction entered after a jury found him guilty of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(B)(1) (2016), and securities fraud (Class C), 32 M.”
State v. Schmidt, 2008 ME 151 (Me. 2008). “§ 353(1)(A), (B)(4) (2007); one count of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(A), (B)(1) (2007); and one count of negotiating a worthless instrument (Class C), 17-A M.”
State of Maine v. James A. Philbrook, 2013 ME 86 (Me. 2013). “) on a jury verdict convicting him of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(B)(1) (2012), and securities fraud (Class C), 32 M.”
Philbrook v. State, 167 A.3d 1266 (Me. 2017).
Philbrook v. State, 167 A.3d 1266 (Me. 2017).
— Me. Rev. Stat. tit. 17-A, § 358(B)(4) — 1 case
State of Maine v. John Kendall, 2016 ME 147 (Me. 2016). “Kendall also argues that for the same reasons that his alleged conduct is not encompassed within 17-A M.R.S. § 358 (2015) and 36 M.R.S. § 184, the court’s jury instructions on those charges were erroneous.”
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