Maine Revised Statutes

Me. Rev. Stat. tit. 34-B, § 3805 (2026)

Prohibited acts; penalty

✓ current as of May 2026
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1.  Unwarranted hospitalization.  A person is guilty of causing unwarranted hospitalization if that person willfully causes the unwarranted hospitalization of any person under this subchapter.  
[RR 2019, c. 2, Pt. B, §97 (COR).]
2.  Denial of rights.  A person is guilty of causing a denial of rights if that person willfully causes the denial to any person of any of the rights accorded by this subchapter.  
[RR 2019, c. 2, Pt. B, §98 (COR).]
3.  Penalty.  Causing unwarranted hospitalization or causing a denial of rights is a Class C crime.  
[PL 2017, c. 475, Pt. C, §11 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2017, c. 475, Pt. C, §11 (AMD). RR 2019, c. 2, Pt. B, §§97, 98 (COR).
Notes of Decisions
Cited in 2 cases, 2014–2020 · leading case: Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014).
Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). · cites it 4× “The statute provided no authority for administrators of a hospital or a social service agency to overrule the opinion of the professional examiner and order continued detention of an individual despite the professional examiner’s opinion, following an appropriate examination,…”
Grendell v. State of Maine (D. Me. 2020). · cites it 7× “§ 1986 ; (2) a negligent failure to protect the rights of a mentally ill person under 34-B M.R.S.A. §§ 3805 and 3862; (3) violations of federal and state statutes concerning explosives and abnormally dangerous activities; (4) strict liability for sellers of defective products…”
— Me. Rev. Stat. tit. 34-B, § 3805(2) — 1 case
Grendell v. State of Maine (D. Me. 2020). “§ 1986 ; (2) a negligent failure to protect the rights of a mentally ill person under 34-B M.R.S.A. §§ 3805 and 3862; (3) violations of federal and state statutes concerning explosives and abnormally dangerous activities; (4) strict liability for sellers of defective products…”
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