Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 405 (2026)

Burglary of motor vehicle

✓ current as of May 2026

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1. A person is guilty of burglary of a motor vehicle if:

A. The person enters a motor vehicle, knowing that the person is not licensed or privileged to do so, with the intent to commit a crime therein. Violation of this paragraph is a Class D crime; or [PL 2003, c. 711, Pt. A, §4 (NEW).]

B. The person violates paragraph A, and the person forcibly enters a motor vehicle that is locked. Violation of this paragraph is a Class C crime. [PL 2003, c. 711, Pt. A, §4 (NEW).]

[PL 2003, c. 711, Pt. A, §4 (RPR).]

2.

[PL 2003, c. 711, Pt. A, §4 (RP).]

2-A. As used in subsection 1, "forcibly" means with the use of a burglar's tool or by the use of physical force that damages or destroys the motor vehicle. "Burglar's tool" means any device described in section 403, subsection 1, paragraph A.

[PL 2003, c. 711, Pt. A, §4 (NEW).]

SECTION HISTORY

PL 1989, c. 263 (NEW). PL 2003, c. 711, §A4 (RPR).

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1997–2026 · leading case: State v. Raymond, 1999 ME 126 (Me. 1999).

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State v. Raymond, 1999 ME 126 (Me. 1999). · cites it 3× “) following a jury trial in which he was found guilty of burglary of a motor vehicle (Class C) in violation of 17-A M.R.S.A. § 405 (Supp.1998), theft by unauthorized use of a motor vehicle (Class D) in violation of 17-A M.”

State v. Downs, 2007 ME 41 (Me. 2007). · cites it 2× “§ 353 (2006) (2 counts); burglary of a motor vehicle, Class C, 17-A M.R.S. § 405 (2006) (1 count); burglary, Class C, 17-A M.”

State v. Cobb, 2006 ME 43 (Me. 2006). “2003); burglary of a motor vehicle (Class C), 17-A M.R.S.A. § 405 (Supp.2003); and theft by unauthorized use of property (Class D), 17-A M.”

State v. Gray, 2000 ME 145 (Me. 2000). “1999), burglary of a motor vehicle (Class C), see 17-A M.R.S.A. § 405 (Supp. 1999), and eluding a police officer (Class C), see 29-A M.”

State v. Caldwell, 2003 ME 85 (Me. 2003). “The first crime for which Caldwell was convicted that is relevant to this case was the June 3, 2000, burglary of a motor vehicle, 17-A M.R.S.A. § 405 (Supp.2002). The Superior Court (Oxford County, Dela-hanty, J.”

State v. Finnemore, 1997 ME 44 (Me. 1997). “§ 802(1)(A) (1983), burglary of-a motor vehicle (Class C) in violation of 17-A M.R.S.A. § 405 (Supp.1996), and criminal mischief (Class E) in violation of 17-A M.”

State v. Tarmey, 2000 ME 23 (Me. 2000). “We held that proof of the elements necessary to support the conviction for theft by unauthorized use of a motor vehicle also supported the conviction for burglary of a motor vehicle pursuant to 17-A M.R.S.A. § 405 (1985 & Supp.1999). See Raymond, 1999 ME 126, ¶¶ 6-9 , 737 A.”

State of Maine v. Jason J. Follette, 2026 ME 7 (Me. 2026). “1996), and burglary of a motor vehicle (Class C), 17-A M.R.S.A. § 405(1) (Supp. 1996). The complaint alleged that the sex crimes were committed on August 11, 1996, and the burglary on October 3, 1996.”

Cobb v. State of Maine (Me. Super. Ct 2010). “§ 353(1)(A); burglary of a motor vehicle (count 7), see 17-A M.R.S. § 405(1); and unauthorized use of property (count 8), see 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 405(1) — 3 cases

State v. Raymond, 1999 ME 126 (Me. 1999). “) following a jury trial in which he was found guilty of burglary of a motor vehicle (Class C) in violation of 17-A M.R.S.A. § 405 (Supp.1998), theft by unauthorized use of a motor vehicle (Class D) in violation of 17-A M.”

State of Maine v. Jason J. Follette, 2026 ME 7 (Me. 2026). “1996), and burglary of a motor vehicle (Class C), 17-A M.R.S.A. § 405(1) (Supp. 1996). The complaint alleged that the sex crimes were committed on August 11, 1996, and the burglary on October 3, 1996.”

Cobb v. State of Maine (Me. Super. Ct 2010). “§ 353(1)(A); burglary of a motor vehicle (count 7), see 17-A M.R.S. § 405(1); and unauthorized use of property (count 8), see 17-A M.”

— Me. Rev. Stat. tit. 17-A, § 405(2) — 1 case

State v. Raymond, 1999 ME 126 (Me. 1999). “) following a jury trial in which he was found guilty of burglary of a motor vehicle (Class C) in violation of 17-A M.R.S.A. § 405 (Supp.1998), theft by unauthorized use of a motor vehicle (Class D) in violation of 17-A M.”

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