Maine Theft Laws: Class C Threshold, Penalties and Shoplifting (2026)

Maine does not label any crime a felony; it grades crimes by class. Theft becomes a Class C crime, punishable by up to 5 years in prison, when "The value of the property is more than $1,000 but not more than $10,000" (17-A MRSA 353(1)(B)(4)), and it is Class C at any value once a person has 2 or more prior theft-type convictions (353(1)(B)(6)). Theft of property worth more than $500 up to $1,000 is a Class D crime, and $500 or less is a Class E crime. Shoplifting has no separate grading statute in Maine: it is prosecuted as theft under the same ladder. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maine state theft law in Title 17-A, chapter 15 (sections 351 through 363), the sentencing sections 17-A MRSA 9-A, 1604 and 1704, the store detention rule in 17 MRSA 3521, the civil recovery statute in 14 MRSA 8302, and, only where it reaches store theft, burglary under 17-A MRSA 401. It does not cover federal theft offenses, local ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Maine

Maine replaced the old common-law crimes with one offense. Under 17-A MRSA 351, "Conduct denominated theft in this chapter constitutes a single crime embracing the separate crimes such as those heretofore known as larceny, larceny by trick, larceny by bailee, embezzlement, false pretenses, extortion, blackmail, shoplifting and receiving stolen property."

The basic form is in section 353(1)(A): a person is guilty of theft if "The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property." Unauthorized control "includes but is not limited to conduct formerly defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement" (353(2)).

"Intent to deprive" is defined in 17-A MRSA 352(3). It means the conscious object to withhold property "permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or the use and benefit of the property, would be lost"; to restore it "only upon payment of a reward or other compensation"; or to use or dispose of it "under circumstances that make it unlikely that the owner will recover it or that manifest an indifference as to whether the owner will recover it."

Other ways of committing theft (by deception under section 354, insurance deception under 354-A, keeping lost or misdelivered property under 356-A, theft of services under 357, misapplication of property under 358, and receiving stolen property under 359) each carry their own grading language, and most of it repeats the value ladder below.

Maine theft penalties by value

The boundaries follow the statute's words. Property worth exactly $1,000 is Class D, because Class C begins at "more than $1,000," and property worth exactly $500 is Class E.

The prison maximums come from 17-A MRSA 1604(1), which applies "Unless a different maximum term of imprisonment is specified by statute": Class B, 10 years; Class C, 5 years; Class D, "less than one year"; Class E, 6 months. The fine maximums come from 17-A MRSA 1704, which applies "Except as provided in section 1706 and unless a different maximum fine is specified by statute": $20,000 for Class B, $5,000 for Class C, $2,000 for Class D and $1,000 for Class E.

These are the ordinary statutory maximums, not a prediction of any sentence, and other sections can raise them. Under 17-A MRSA 1604(5)(A), "If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a dangerous weapon, then the sentencing class for such crime is one class higher than it would otherwise be." That rule does not apply to "any offense for which the sentencing class is otherwise elevated because the actor or an accomplice to that actor's or accomplice's knowledge was armed with a firearm or other dangerous weapon," which covers the armed-theft prong described next. Section 1604(3) also sets a mandatory minimum prison term (one year for a Class C crime, 2 years for Class B) when the State pleads and proves that a Class A, B or C crime "was committed with the use of a firearm against an individual."

Theft graded higher regardless of value

Under 17-A MRSA 353(1)(B), theft is a Class B crime at any value if:

• "The property stolen is a firearm or an explosive device"; or
• "The person is armed with a dangerous weapon at the time of the offense."

Theft is a Class C crime at any value if "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" (353(1)(B)(6)). The listed offenses are theft; burglary or burglary of a motor vehicle where the intended crime was theft; the offenses in sections 651, 702, 703 and 708; and attempts to commit any of them.

Section 9-A governs how those prior convictions count. Under 17-A MRSA 9-A(3), a prior conviction may enhance a sentence "if the date of each prior conviction precedes the commission of the offense being enhanced by no more than 10 years, except as otherwise provided by law." Under 9-A(4), "The convictions of 2 or more prior offenses that were committed within a 3-day period are considered a single conviction for purposes of this section."

How value is measured and added together

The value rules are in 17-A MRSA 352(5):

• Market value. Value "means the market value of the property or services at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime" (352(5)(A)).
• Unproven value. If no minimum value can be established beyond a reasonable doubt, "the value is deemed to be an amount less than $500" (352(5)(D)).
• Aggregation. "Amounts of value involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated to charge a single theft of appropriate class or grade" (352(5)(E)).
• Knowledge of value. "The actor's culpability as to value is not an essential requisite of liability, unless otherwise expressly provided" (352(5)(F)).

Shoplifting in Maine

Section 351 lists shoplifting among the former crimes now folded into theft, and chapter 15 contains no separate shoplifting offense with its own grades. Taking merchandise from a store is theft under 17-A MRSA 353 and is graded by the same value ladder and repeat-offense rule as any other theft.

Concealment matters as evidence. Under 17-A MRSA 361-A(2), proof that a person "concealed unpurchased property stored, offered or exposed for sale while the defendant was still on the premises of the place where it was stored, offered or exposed or in a parking lot or public or private way immediately adjacent thereto gives rise to a permissible inference" under Maine Rule of Evidence 303 that the person took unauthorized control "with the intent to deprive the owner thereof." The statute grades the offense; it does not say what sentence a court will impose in any case.

Organized retail theft. Under 17-A MRSA 363(1), "A person is guilty of organized retail theft if the person commits 2 or more thefts of retail merchandise under this chapter, either as a principal or an accomplice, pursuant to a scheme or course of conduct engaged in by 2 or more persons involving thefts from 2 or more retail stores for the purpose of selling the stolen merchandise or conducting fraudulent returns of the stolen merchandise. Violation of this section is a Class C crime." Since July 29, 2026, "retail merchandise" expressly includes "tangible personal property, gift cards, electronics and commodities" (363(2)).

Burglary. Maine burglary requires that the person "enters or surreptitiously remains in a structure knowing that that person is not licensed or privileged to do so, with the intent to commit a crime therein," a Class C crime (17-A MRSA 401(1)(A)). So a person who enters or surreptitiously remains in a store knowing that they are not licensed or privileged to do so, intending to steal, can face Class C burglary whatever the value, and "A person may be convicted both of burglary and of the crime that the person committed or attempted to commit after entering or remaining in the structure" (401(3)). A burglary in which the intended crime was theft also counts as a prior conviction for the theft repeat-offense rule. Burglary is otherwise outside the scope of this page.

Can a store detain someone suspected of shoplifting?

Under 17 MRSA 3521(1), "A store owner, manager or supervisor, or that person's designee, may detain on the premises in a reasonable manner and for a period of time not to exceed 1/2 hour any person as to whom there is probable cause to believe is unlawfully concealing merchandise or is committing theft of merchandise." The permitted purposes are to require and verify identification, to inform a law enforcement officer and surrender the person to the officer, to hold stolen merchandise until law enforcement arrives and, for a minor, to inform a law enforcement officer or a parent or guardian and surrender the minor to that person.

Civil penalties: can a store make you pay after shoplifting?

Maine's civil recovery statute is 14 MRSA 8302. Under subsection 3, "Any person who unlawfully takes or attempts to take merchandise from a merchant is civilly liable to the merchant in an amount consisting of: A. Damages equal to the retail price of the merchandise if the item is not returned in a merchantable condition; and B. A civil penalty equal to 3 times the retail price of the merchandise, but not less than $50 or more than $500."

Other rules in the same section:

• Written demand. A merchant may make a written demand before suing. "If a person to whom demand is made complies with the demand, that person incurs no further civil liability for that specific act of retail theft," and "Any demand under this section must be accompanied by a copy of this chapter" (8302(4)).
• No conviction needed. "A criminal prosecution under Title 17-A, chapter 15 is not a prerequisite to an action under this chapter and such a criminal prosecution does not bar civil action. An action under this chapter does not bar a criminal prosecution under Title 17-A, chapter 15" (8302(5)).
• Merchant fails to appear. If a merchant sues and "fails to appear at a hearing in such proceedings without excuse from the court, the court shall dismiss the suit without prejudice and award costs to the defendant" (8302(6)).
• False demands. "Any person who knowingly uses provisions of this chapter to demand or extract money from a person who is not legally obligated to pay a penalty may be punished by a fine of not more than $1,000 or by imprisonment for not more than one year or by both" (8302(7)).

The statute sets what a merchant can recover; it does not say how any particular demand letter should be answered. A lawyer licensed in Maine can advise on a specific letter.

Other theft offenses with their own grades

Most sections of chapter 15 repeat the value ladder above. These set a different grade:

Theft of services under section 357 uses the value ladder and the armed and repeat-offense prongs, but has no firearm-or-explosive prong.

Recent changes to Maine theft law

• Gift cards (July 29, 2026). Public Law 2025, chapter 714 (L.D. 1773), "An Act to Criminalize Certain Offenses Related to Gift Card Thefts," added the definition of "retail merchandise" in 17-A MRSA 363(2), which includes gift cards, to the organized retail theft statute. The general effective date for nonemergency laws of that session was July 29, 2026.
• Grading moved into the offense sections (2001). The old value-classification section, 17-A MRSA 362, was repealed by Public Law 2001, chapter 383, and each theft section now carries its own grades. The most recent amendment to the grading in section 353 is Public Law 2007, chapter 476.

Related legal issues

Theft by deception overlaps with fraud and scams, covered in Maine scam and fraud laws. Misuse of another person's identifying information is covered in Maine identity theft laws. Whether a theft record can be sealed is covered in Maine expungement laws, and time limits for bringing charges are in the Maine statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• Maine scam and fraud laws
• Maine identity theft laws
• Maine expungement laws
• Maine statute of limitations

This page provides general legal information about Maine theft statutes as of October 14, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Maine.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft threshold in Maine?

Maine does not use the word felony. Theft becomes a Class C crime, with a maximum of 5 years, when the value is more than $1,000 but not more than $10,000, and a Class B crime, with a maximum of 10 years, above $10,000 (17-A MRSA 353; 1604). Class C is the lowest class whose maximum exceeds one year.

Is stealing $1,000 a Class C crime in Maine?

Not on value alone. Class C begins at more than $1,000, so property worth exactly $1,000 is a Class D crime, which carries less than one year (17-A MRSA 353(1)(B)(5); 1604). It is Class C at any value if the person has 2 or more prior theft-type convictions.

What is petty theft in Maine?

Maine law does not use the term petty theft. Theft of property worth $500 or less is a Class E crime, with up to 6 months and a fine of up to $1,000, and theft of more than $500 but not more than $1,000 is a Class D crime, with less than one year and up to $2,000 (17-A MRSA 353, 1604, 1704).

Is shoplifting a felony in Maine?

Maine has no felony label. Shoplifting is theft under 17-A MRSA 353 and is graded by value: Class E at $500 or less, Class D up to $1,000, Class C above $1,000 and Class B above $10,000. It is Class C at any value after 2 or more prior theft-type convictions, and organized retail theft involving 2 or more people and 2 or more stores is Class C (17-A MRSA 363). Entering or surreptitiously remaining in a store knowing that one is not licensed or privileged to do so, with intent to steal, can also be Class C burglary (17-A MRSA 401(1)(A)).

How much can a store charge for shoplifting in Maine?

Under 14 MRSA 8302, a merchant may recover the retail price of merchandise not returned in merchantable condition plus a civil penalty of 3 times the retail price, at least $50 and no more than $500. A criminal prosecution is not required, and any written demand must include a copy of the chapter.

How long can a Maine store hold a suspected shoplifter?

Under 17 MRSA 3521, a store owner, manager, supervisor or designee with probable cause may detain the person on the premises in a reasonable manner for no more than 1/2 hour, for limited purposes such as identification and surrender to a law enforcement officer.

What happens after a third theft in Maine?

Under 17-A MRSA 353(1)(B)(6), theft is a Class C crime at any value when the person has 2 or more prior convictions for theft or the other listed offenses, in Maine or for similar conduct elsewhere. Under 17-A MRSA 9-A(3), a prior conviction counts if it came no more than 10 years before the new offense.