Maine Identity Theft Laws

Maine has a distinctive victim right most states do not: when someone reports identity theft to a law enforcement agency, that agency is statutorily required to make a police report and give the victim a copy. Investigation is still discretionary, but the report itself is not.

This page covers Maine's misuse of identification statute, the mandatory police report requirement, Maine's own minor and protected-consumer credit freeze law, and how the Attorney General handles identity theft complaints. For the federal rights that apply everywhere, see our identity theft laws hub.

Maine's Mandatory Police Report Requirement

Most states entitle an identity theft victim to request a police report, but leave the decision to the responding officer or agency. Maine goes further. Under 10 M.R.S. § 1350-B, when someone reports identity theft to a law enforcement agency, «that law enforcement agency shall make a police report of the matter and provide the complainant with a copy of that report.» The word «shall» makes this a genuine mandate, not a mere entitlement, and it is confirmed directly against the current statutory text.

Investigation itself is a separate question and remains discretionary: the same statute provides that the agency «may undertake an investigation of the matter or refer it to another law enforcement agency,» at its discretion. In practice, this means a Maine identity theft victim is guaranteed a documented police report to use with creditors, credit bureaus, and the FTC, even in a case where the agency does not pursue an active investigation.

Maine's Misuse of Identification Statute

Maine addresses identity theft under 17-A M.R.S. § 905-A, titled misuse of identification. A person is guilty of the offense if, in order to obtain confidential information, property, or services, they intentionally or knowingly present or use a stolen, forged, canceled, or fraudulently obtained credit or debit card; an account, credit, or billing number they are not authorized to use, or that was obtained through fraud or deception; or a form of legal identification they are not authorized to use. «Legal identification» includes Social Security cards and numbers, birth certificates, driver's licenses, government IDs, and oral statements of name and date of birth. It is an affirmative defense that the person believed in good faith they were authorized to use the card, number, or identification, and proof of actual or constructive notice that a card was canceled creates a permissible inference of knowledge.

Misuse of identification is a Class D crime, with a single tier and no dollar-value enhancement written into the statute itself. The Class D fine cap, confirmed directly against the current statute, is up to $2,000. Maine's 2019 sentencing recodification moved the sentencing provisions rather than eliminating them: the maximum term of imprisonment for a Class D crime now sits at 17-A M.R.S. § 1604(1)(D), which provides that «in the case of a Class D crime» the maximum term is «less than one year,» unless a different maximum term is specified by statute. Section 905-A specifies none, so § 1604(1)(D) supplies the cap, and it is why the figure usually quoted for a Maine Class D crime is 364 days.

Maine's Minor and Protected-Consumer Credit Freeze Law

Maine has its own protected-consumer security freeze statute, enacted in 2015, three years before the federal baseline (15 U.S.C. § 1681c-1(j), effective September 2018). 10 M.R.S. § 1308(6-A) defines a «protected consumer» as an individual who has not attained 16 years of age at the time a request for the placement of a security freeze is made. Under § 1310, subsection 1-A, a consumer reporting agency must place a freeze for a protected consumer within 30 days of a request from the consumer's representative, with proper identification and authority documentation, and the freeze can be removed by the representative or by the protected consumer once they turn 16, with proof of authority.

Paragraph H of that subsection also authorizes the agency to charge a fee of up to $10 per placement or removal, with several exceptions. That fee authorization is still in the Maine statute, but it is not what a parent actually pays. Since September 2018, 15 U.S.C. § 1681c-1(j) has required a nationwide consumer reporting agency to place and to remove a protected-consumer security freeze «free of charge,» and that federal duty displaces the conflicting state fee for those agencies. A Maine parent freezing a child's file at Equifax, Experian, or TransUnion should expect to pay nothing.

Maine's statute predates the federal law and was not repealed after it passed, so its definitions, its 30-day placement deadline, and its remedies continue to operate. Where it conflicts with the federal baseline, as it does on the fee, the federal rule controls. Separately, 10 M.R.S. § 1310-C creates civil liability against a consumer reporting agency for willful noncompliance with its duties under this chapter, such as mishandling a freeze request: actual damages, treble damages, plus costs and reasonable attorney's fees. That liability runs against the reporting agency, not against the identity thief.

Reporting Identity Theft to the Maine Attorney General

The Maine Attorney General's Consumer Protection Division primarily directs victims outward to the federal process rather than operating its own separate recovery portal: its identity theft page instructs victims to «Report the identity theft to the FTC, either through their online service or by calling 1-877-438-4338,» which generates an FTC Identity Theft Report and recovery plan, and links FTC checklists and dispute-letter templates. The AG's office separately takes its own consumer complaints through an online complaint service or by phone at 207-626-8849, and enforces Maine's data-breach notification law against businesses that fail to comply with it.

Restitution in Maine

Restitution for a Maine conviction, including misuse of identification, is governed by Maine's general criminal-restitution framework rather than a provision specific to § 905-A. 17-A M.R.S. § 2003, titled mandatory consideration of restitution, provides that the court «shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim's financial loss and shall order restitution when appropriate.» In practice, this means the court must actively consider restitution in every case where it is practicable to do so, but the actual order remains discretionary rather than automatic.

No dedicated Maine civil cause of action specifically for identity theft victims against the perpetrator was found during this page's research. The only civil liability provisions located run against a consumer reporting agency for freeze-related noncompliance, not against the thief; a victim would rely on general Maine tort or fraud law, together with the restitution mechanism above tied to a criminal conviction.

The Federal Layer

Maine's own protections sit alongside the federal baseline available to every state. Since 2018, federal law has required free credit freezes and free freeze removals nationwide. A fraud alert placed with one credit bureau is shared with the other two, lasts one year by default, and extends to seven years once you have filed an FTC Identity Theft Report. Under FCRA § 605B (15 U.S.C. § 1681c-2), a victim with an identity theft report can get specific fraudulent information blocked from a credit report. IdentityTheft.gov, the FTC's free recovery site, builds a personalized recovery plan and, for account holders, pre-fills the letters and forms most victims need. See our guide to reporting identity theft and our comparison of credit freezes versus fraud alerts for more.

If You Are a Victim of Identity Theft in Maine

Report the theft to local law enforcement and request your police report; the agency is required to prepare and give you one under 10 M.R.S. § 1350-B, even if it does not open a full investigation. Report to the FTC through IdentityTheft.gov to generate a federal recovery plan. Place a freeze with all three major credit bureaus, and use Maine's protected-consumer process directly if the victim is under 16. If a consumer reporting agency mishandles your freeze request, § 1310-C gives you a specific civil remedy against that agency.

Information last verified on 2026-09-02, drawn directly from 17-A M.R.S. §§ 905-A, 1604, 1704, and 2003, 10 M.R.S. §§ 1350-B, 1308, 1310, and 1310-C, the federal Fair Credit Reporting Act at 15 U.S.C. § 1681c-1, and the Maine Attorney General's identity theft page. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert
• Child Identity Theft: Warning Signs, Credit Checks, and the Minor Freeze Right

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Last updated: 2026-09-02.

Frequently Asked Questions

Does Maine require police to take an identity theft report?

Yes. Under 10 M.R.S. 1350-B, a law enforcement agency shall make a police report of the matter and provide the victim a copy on request. Whether the agency investigates further remains discretionary, but producing the report itself is mandatory.

Is identity theft a felony in Maine?

Maine's statute, misuse of identification under 17-A M.R.S. 905-A, is a Class D crime, which in Maine's classification system is below felony-level offenses. It carries a fine of up to $2,000 and, under 17-A M.R.S. 1604(1)(D), a maximum term of imprisonment of less than one year.

Does Maine have its own minor credit freeze law?

Yes. Enacted in 2015, three years before the federal minor-freeze law, Maine's statute defines a protected consumer as anyone under 16 and requires a reporting agency to place the freeze within 30 days of a proper request. Maine's text still authorizes a fee of up to $10 per placement or removal, but since September 2018 federal law has required the nationwide credit bureaus to place and remove a protected-consumer freeze free of charge, so a Maine parent should expect to pay nothing at Equifax, Experian, or TransUnion.

Is restitution automatic in a Maine identity theft case?

No. The court must actively consider restitution whenever practicable and order it when appropriate under 17-A M.R.S. 2003, but the order itself is discretionary, not automatic.

Can I sue the person who stole my identity in Maine?

No dedicated Maine civil cause of action against an identity thief was found. The only related civil liability provisions run against a consumer reporting agency that mishandles a freeze request, under 10 M.R.S. 1310-C.

Where does the Maine Attorney General direct identity theft victims?

The Maine Attorney General's identity theft page primarily directs victims to report to the FTC, either online or by calling 1-877-438-4338, to generate an FTC Identity Theft Report and recovery plan.