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

Me. Rev. Stat. tit. 17-A, § 359 (2026)

Receiving stolen property

✓ current as of May 2026
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1.  A person is guilty of theft if:  
A. The person receives, retains or disposes of the property of another knowing that it has been stolen, or believing that it has probably been stolen, with the intent to deprive the owner of the property. Violation of this paragraph is a Class E crime; or   [PL 2001, c. 383, §46 (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, §17 (AMD).]
[PL 2007, c. 476, §17 (AMD).]
2.  As used in this section, "receives" means acquiring possession, control or title, or lending on the security of the property. For purposes of this section, property is "stolen" if it was obtained or unauthorized control was exercised over it in violation of this chapter.  
[PL 1975, c. 740, §55 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §55 (AMD). PL 2001, c. 383, §46 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 667, §D10 (AMD). PL 2001, c. 667, §D36 (AFF). PL 2007, c. 476, §17 (AMD).
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Notes of Decisions
Cited in 47 cases, 1978–2019 · leading case: State of Maine v. Thomas Bennett, 2015 ME 46 (Me. 2015).
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State of Maine v. Thomas Bennett, 2015 ME 46 (Me. 2015). · cites it 5× “[¶8] Bennett was indicted for theft by receiving stolen property (Class C), 17-A M.R.S. § 359(1)(B)(4) (2014). A jury trial was held on March 18, 2014, at which Bennett testified in his own defense.”
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). · cites it 6× “[¶ 17] Pursuant to 17-A M.R.S. § 359(1)(A) (2014), entitled “Receiving stolen property,” “[a] person is guilty of theft if .”
State v. Rand, 430 A.2d 808 (Me. 1981). · cites it 3× “I While several questions are presented on appeal, we will first consider the trial Court’s only reversible error, the refusal of the defendant’s request to instruct the jury on theft by receiving under 17-A M.R.S.A. § 359. 1 *814 A person who enters or surreptitiously remains…”
State of Maine v. Karl v. Kittredge, 2014 ME 90 (Me. 2014). · cites it 2× “In addition to his challenge to the court’s denial of his motion to suppress statements made during the police interview, Kittredge argues that the court improperly presented to the jury an uncharged count of theft by receiving stolen property, 17-A M.”
State v. Cook, 2010 ME 81 (Me. 2010). · cites it 4× “§ 353(1)(A) (2009); one count of theft by receiving stolen property (Class C), 17-A M.R.S. § 359(1)(A), (B)(4) (2009); and three counts of theft by receiving stolen property (Class E), 17-A M.”
State v. Thibeault, 390 A.2d 1095 (Me. 1978). · cites it 4× “" Comment—1975 to 17-A M.R.S.A. § 359 (Supp.1977). [5] Model Penal Code § 206.”
Ford v. State, 205 A.3d 896 (Me. 2019). · cites it 2× “Remanded to the Superior Court for entry of a judgment granting the petition for post-conviction review and vacating all remaining convictions in the underlying criminal judgment.”
State v. Robinson, 561 A.2d 492 (Me. 1989). · cites it 3× “§ 353) or theft by receiving stolen property (17-A M.R.S.A. § 359 (1983)), both of which it defined.”
State v. Fournier, 617 A.2d 998 (Me. 1992). · cites it 2× “Because the State impermissibly aggregated the amount of stolen property the defendant received into several separate theft counts, we modify the judgment to reflect a single conviction of theft and a single conviction of negotiating a worthless instrument.”
State v. Fox, 494 A.2d 177 (Me. 1985). · cites it 3× “In a District Court complaint dated August 25, 1983, Fox was charged with a violation of 17-A M.R.S.A. § 359 (1983), 1 Theft by Receiving.”
State v. Stevens, 156 A.3d 131 (Me. 2017). · cites it 2× “See 17-A M.R.S. § 359(1)(A) (2016). On the day of his trial, with a jury selected, Stevens, assisted by counsel, unconditionally changed his plea to guilty.”
State v. Smith, 400 A.2d 749 (Me. 1979). “499, § 19; present counterpart contained in 17-A M.R.S.A. § 359). 2 . Cheating by false pretenses Whoever, designedly and by any false pretense or privy or false token and with intent to defraud, obtains from another any money, goods or other property, the making of a loan or…”
Show all 47 citing cases →
— Me. Rev. Stat. tit. 17-A, § 359(1) — 5 cases
State v. Willis, 820 A.2d 1216 (Me. 2003).
State v. Thomas, 432 A.2d 757 (Me. 1981).
State v. Oken, 569 A.2d 1218 (Me. 1990).
State v. Collin, 1997 ME 6 (Me. 1997).
State v. Geisinger, 479 A.2d 1315 (Me. 1984).
— Me. Rev. Stat. tit. 17-A, § 359(1)(A) — 5 cases
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). “[¶ 17] Pursuant to 17-A M.R.S. § 359(1)(A) (2014), entitled “Receiving stolen property,” “[a] person is guilty of theft if .”
State v. Cook, 2010 ME 81 (Me. 2010). “§ 353(1)(A) (2009); one count of theft by receiving stolen property (Class C), 17-A M.R.S. § 359(1)(A), (B)(4) (2009); and three counts of theft by receiving stolen property (Class E), 17-A M.”
State of Maine v. J.R., 2018 ME 117 (Me. 2018).
State v. Stevens, 156 A.3d 131 (Me. 2017). “See 17-A M.R.S. § 359(1)(A) (2016). On the day of his trial, with a jury selected, Stevens, assisted by counsel, unconditionally changed his plea to guilty.”
State of Maine v. John P. Stevens, 2017 ME 30 (Me. 2017).
— Me. Rev. Stat. tit. 17-A, § 359(1)(B)(1) — 1 case
Ford v. State, 205 A.3d 896 (Me. 2019). “Remanded to the Superior Court for entry of a judgment granting the petition for post-conviction review and vacating all remaining convictions in the underlying criminal judgment.”
— Me. Rev. Stat. tit. 17-A, § 359(1)(B)(1)(2018) — 1 case
State of Maine v. Michael J. Warner II, 2019 ME 140 (Me. 2019).
— Me. Rev. Stat. tit. 17-A, § 359(1)(B)(2) — 2 cases
United States v. Lewis, 732 F.3d 6 (1st Cir. 2013).
United States v. Lewis, 841 F. Supp. 2d 448 (D. Me. 2012).
— Me. Rev. Stat. tit. 17-A, § 359(1)(B)(4) — 2 cases
State of Maine v. Thomas Bennett, 2015 ME 46 (Me. 2015). “[¶8] Bennett was indicted for theft by receiving stolen property (Class C), 17-A M.R.S. § 359(1)(B)(4) (2014). A jury trial was held on March 18, 2014, at which Bennett testified in his own defense.”
Ford v. State, 205 A.3d 896 (Me. 2019). “Remanded to the Superior Court for entry of a judgment granting the petition for post-conviction review and vacating all remaining convictions in the underlying criminal judgment.”
— Me. Rev. Stat. tit. 17-A, § 359(1)(B)(5) — 1 case
State of Maine v. Thomas Bennett, 2015 ME 46 (Me. 2015). “[¶8] Bennett was indicted for theft by receiving stolen property (Class C), 17-A M.R.S. § 359(1)(B)(4) (2014). A jury trial was held on March 18, 2014, at which Bennett testified in his own defense.”
— Me. Rev. Stat. tit. 17-A, § 359(1)(B)(6) — 2 cases
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). “[¶ 17] Pursuant to 17-A M.R.S. § 359(1)(A) (2014), entitled “Receiving stolen property,” “[a] person is guilty of theft if .”
State v. Stevens, 156 A.3d 131 (Me. 2017). “See 17-A M.R.S. § 359(1)(A) (2016). On the day of his trial, with a jury selected, Stevens, assisted by counsel, unconditionally changed his plea to guilty.”
— Me. Rev. Stat. tit. 17-A, § 359(2) — 2 cases
State v. Thibeault, 390 A.2d 1095 (Me. 1978). “" Comment—1975 to 17-A M.R.S.A. § 359 (Supp.1977). [5] Model Penal Code § 206.”
Christopher R. Ayotte v. State of Maine, 2015 ME 158 (Me. 2015). “[¶ 17] Pursuant to 17-A M.R.S. § 359(1)(A) (2014), entitled “Receiving stolen property,” “[a] person is guilty of theft if .”
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