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Legal Statutes: Maine

UPDATED November 28, 2012

Maine Statutes


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Chapter 33. Arson and Other Property Destruction

back to top§ 805. Aggravated criminal mischief

1. A person is guilty of aggravated criminal mischief if that person:

A. Intentionally, knowingly or recklessly damages or destroys property of another in an amount exceeding $2,000 in value, having no reasonable ground to believe that the person has a right to do so;

B. Intentionally, knowingly or recklessly damages or destroys property in an amount exceeding $2,000 in value, to enable any person to collect insurance proceeds for the loss caused;

C. Intentionally, knowingly or recklessly damages, destroys or tampers with the property of a law enforcement agency, fire department or supplier of gas, electric, steam, water, transportation, sanitation or communication services to the public, having no reasonable ground to believe that the person has a right to do so, and thereby causes a substantial interruption or impairment of service rendered to the public;

D. Intentionally, knowingly or recklessly damages, destroys or tampers with property of another and thereby recklessly endangers human life;

E. Intentionally, knowingly or recklessly damages or destroys property of another by fire, having no reasonable ground to believe that the person has a right to do so, and the property damaged or destroyed is neither a dwelling place as defined in section 2, subsection 10 nor a structure as defined in section 2, subsection 24; or

F. Intentionally damages, destroys or tampers with the property of another, having no reasonable ground to believe that the person has a right to do so, for the purpose of causing substantial harm to the health, safety, business, calling, career, financial condition, reputation or personal relationships of the person with the property interest or any other person.

1-A. As used in this section, “property of another” has the same meaning as in section 352, subsection 4.

1-B. As used in this section, “value”, if the property is destroyed, shall be determined pursuant to section 352, subsection 5. If the property is damaged, “value” shall be determined by the cost of repair unless that determination exceeds the determination of the value of the property had it been destroyed, in which case the property shall be deemed destroyed for purposes of this subsection. Amounts of value involved in mischiefs may be aggregated in the same manner as provided in section 352, subsection 5, paragraph E. Prosecution for an aggregated aggravated criminal mischief may be brought in any venue in which one of the criminal mischiefs which have been aggregated was committed.

2. Aggravated criminal mischief is a Class C crime.
1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 87, eff. May 1, 1976; 1977, c. 510, § 67; 1995, c. 224, § 8; 1995, c. 434, § 1; 1995, c. 625, § A-20, eff. April 8, 1996; 1997, c. 482, §§ 1 to 3; 2005, c. 660, § 1.