Maine
How Long Is a Life Sentence in Maine? (2026 Guide)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · 7 primary sources cited on this page. How we verify our legal content

In Maine, when a court imposes a life sentence, it means natural life in prison with no release date and no parole eligibility — Maine abolished parole in 1976. But life is not the only sentence for murder: under 17-A M.R.S. § 1603, a person convicted of murder must be sentenced to life imprisonment or to a term of years that is not less than 25, with the choice depending on aggravating and mitigating circumstances under the framework set out in State v. Shortsleeves (Me. 1990). When life is imposed, the only path to release is a governor's commutation, which is extraordinarily rare.
This article was last reviewed and updated on March 17, 2026. All statutes, case law, and sentencing data have been verified against current Maine government sources.
In Maine, when a court imposes a life sentence, it means exactly what the words say: the rest of the person's natural life behind bars. There is no parole. There is no parole hearing after 20 or 25 years. There is no parole board review. Life means life. But life is not the only sentence a Maine murder conviction can carry — under 17-A M.R.S. § 1603, the court may instead impose a determinate term of not less than 25 years, based on the aggravating and mitigating circumstances of the case.
When life is imposed, Maine is one of a small group of states — along with Illinois, Iowa, Louisiana, and South Dakota — where a life sentence is automatically life without the possibility of parole. (Pennsylvania belonged to this group until its Supreme Court ruled in March 2026, in Commonwealth v. Lee, that mandatory LWOP for second-degree murder is unconstitutional under the state constitution; Pennsylvania's automatic-LWOP rule now applies only to first-degree murder.) Unlike most states, Maine does not even use "LWOP" as a separate sentencing category for its life sentences. It does not need to — a life sentence, once imposed, already means the person will die in prison unless the governor grants a commutation.
This makes Maine one of the harshest sentencing jurisdictions in the country for murder, despite also being one of the most progressive on other criminal justice issues. The state abolished the death penalty in 1887, making it one of the earliest abolitionists in the nation.
For a broader look at how all 50 states handle life sentences, see our complete state-by-state guide to life sentences.
Maine Life Sentence Statutes
Maine's criminal code defines murder and its penalties under Title 17-A of the Maine Revised Statutes.

Murder (17-A M.R.S. § 201): A person is guilty of murder if they intentionally or knowingly cause the death of another human being, or engage in conduct that manifests a depraved indifference to the value of human life and that causes death. Murder is classified as a Class A crime — Maine's most serious offense category.
Under 17-A M.R.S. § 1603, a person convicted of murder must be sentenced to life imprisonment or to a term of years that is not less than 25. The choice between the two is not automatic: the sentencing court weighs aggravating and mitigating circumstances under the framework the Maine Supreme Judicial Court set out in State v. Shortsleeves, 580 A.2d 145 (Me. 1990). A term-of-years sentence is not eligible for parole either, since Maine abolished parole in 1976, but it does carry a fixed release date (subject to good-time credit) that a life sentence does not.
Felony Murder (17-A M.R.S. § 202): A person is guilty of felony murder if they cause the death of another human being while committing or attempting to commit certain enumerated felonies, including robbery, kidnapping, arson, burglary, or sexual assault. Felony murder is also sentenced under 17-A M.R.S. § 1603 — life imprisonment or a term of years of at least 25, at the court's discretion.
Manslaughter (17-A M.R.S. § 203): A person is guilty of manslaughter if they recklessly, or with criminal negligence, cause the death of another human being, or cause a death that would otherwise be murder but is committed under the influence of extreme anger or extreme fear brought about by adequate provocation. Manslaughter is a Class A crime carrying up to 30 years in prison, not a life sentence.
Sentencing (17-A M.R.S. § 1603 and § 1604): Section 1251, formerly Maine's general sentencing statute, was repealed in 2019. Murder sentencing is now governed by § 1603 (life imprisonment or a term of years of at least 25), while § 1604 sets the ranges for other crimes: for Class A crimes other than murder, the maximum term is 30 years. For Class B crimes, 10 years. For Class C crimes, 5 years.
No Parole in Maine
Maine abolished parole entirely in 1976. The state dismantled its parole board and eliminated discretionary parole release for all offenses, not just murder. This means that no one sentenced in Maine — for any crime — is eligible for traditional parole.
For non-life sentences, inmates can earn good-time credits that reduce their sentence by up to one-third. But for life sentences, good-time credits are meaningless. One-third off of "life" is still life.
Why Life Means Forever in Maine
Maine's approach to life sentences is unusual even among tough-on-crime states. Most states that impose life sentences give inmates at least the theoretical possibility of parole after a certain number of years. Maine does not.
No LWOP Distinction Because All Life IS LWOP
In most states, there is an important legal distinction between "life with the possibility of parole" and "life without the possibility of parole (LWOP)." Courts in those states can choose which version to impose based on the severity of the crime and the presence of aggravating or mitigating factors.
Maine has no such distinction. The state's sentencing code provides only one version of a life sentence: life without parole. There is no "life with parole" option for a court to choose. But not every person convicted of murder in Maine receives a life sentence — the court may instead impose a determinate term of at least 25 years under 17-A M.R.S. § 1603. When the court does impose life, however, that sentence carries no possibility of parole, ever.
This means Maine's sentencing structure eliminates the possibility of parole once a life sentence is imposed — there is no early-release mechanism analogous to parole for a Maine lifer. But the initial choice between a life sentence and a 25-year-plus term of years is itself a matter of judicial discretion, guided by whether aggravating circumstances such as multiple victims, premeditation, or extreme cruelty are present under the Shortsleeves framework.
The Only Path Out: Governor Commutation
The sole mechanism by which a life-sentenced inmate in Maine can be released is executive clemency — specifically, a commutation of sentence by the governor.
Under the Maine Constitution, Article V, Part First, Section 11, the governor has the power to grant reprieves, commutations, and pardons. A commutation reduces a life sentence to a term of years, after which the person could be released.
Governor commutations in Maine are extraordinarily rare. The process requires a formal petition, review by the governor's office, and in practice has been used only a handful of times in modern history for life-sentenced inmates. No Maine governor has made commutation a routine part of the criminal justice process.
This means that for virtually every person sentenced to life in Maine, the sentence is permanent and irreversible.
A Deliberate Policy Choice
Maine's "life means life" approach is not accidental or an artifact of outdated law. The legislature has repeatedly considered and rejected proposals to create parole eligibility for life-sentenced inmates. The 1976 abolition of parole was a deliberate policy decision, and subsequent legislatures have maintained it for the most serious offenses.
The state's position reflects a belief that murder — as the most serious crime — warrants the most severe consequence available. With the death penalty abolished since 1887, life without parole is that consequence.
The Lewiston Mass Shooting (2023)
On October 25, 2023, Robert Card opened fire at Schemengees Bar and Grille and the Just-in-Time Recreation bowling alley in Lewiston, Maine, killing 18 people and wounding 13 others. It was the deadliest mass shooting in Maine history and one of the deadliest in United States history.
Card, a U.S. Army Reserve firearms instructor, used a semiautomatic rifle. Authorities had been warned about Card's deteriorating mental health in the months before the shooting, including concerns raised by fellow reservists and family members. A check welfare order had been issued but was not executed.
Card fled the scene and was the subject of a massive two-day manhunt that placed the cities of Lewiston and Auburn under shelter-in-place orders. His body was found on October 27, 2023, at a recycling facility in Lisbon Falls. He had died by suicide.
Because Card died before he could be arrested or charged, no criminal trial took place. Had he survived, he would have faced 18 counts of murder under 17-A M.R.S. § 201, each carrying a possible sentence of life imprisonment or a term of years of at least 25 under 17-A M.R.S. § 1603. Given the number of victims, a court would almost certainly have found the aggravating circumstances needed to impose life, which under Maine law means natural life in prison with no possibility of parole.
An independent commission established by the Maine legislature released its final report in 2024, finding systemic failures in how law enforcement and military officials handled warnings about Card's mental state. The report led to legislative proposals to strengthen Maine's "yellow flag" law and improve information-sharing between military and civilian authorities.
Notable Life Sentence Cases in Maine
Joseph Eaton — Life Sentence for Four Murders (2024)
In April 2023, Joseph Eaton shot and killed four people in the town of Bowdoin, Maine: his mother Cynthia Eaton, his father David Eaton, and their friends Paige Cookson and Kimberly Rider. After the killings, Eaton fled south on Interstate 295 and opened fire on other vehicles, injuring additional victims before being apprehended.
Eaton had a lengthy criminal history, including prior convictions for domestic violence. He had been released from prison in 2022 after serving time for a manslaughter conviction related to the beating death of his infant daughter in 2003.
In 2024, Eaton was convicted of four counts of murder and sentenced to life in prison — which under Maine law means he will spend the rest of his natural life behind bars. The case prompted significant public debate about Maine's criminal justice system, particularly regarding early release decisions and post-release supervision.
Damion Butterfield — 35 Years for Portland Shooting (2024)
In a separate high-profile case, Damion Butterfield was sentenced to 35 years in prison for a 2022 shooting in Portland, Maine, that left one person dead and others injured. Butterfield's case, while not resulting in a life sentence, illustrated the severity of Maine's sentencing framework for violent crime.
His sentence of 35 years — close to the 30-year statutory maximum for Class A crimes other than murder — demonstrates how Maine courts handle serious violent offenses that do not meet the legal definition of murder.
State v. Flick (2024)
Shane Flick was convicted of murder and sentenced to life in prison for the 2022 killing of a man in Sanford, Maine. The case drew attention because Flick had prior violent offense convictions and the killing occurred during an altercation that escalated rapidly. The court's decision to impose life rather than a term of years reflected its weighing of the aggravating circumstances under the Shortsleeves framework.
Recent Legislative Changes
Maine has enacted several notable changes to its criminal justice framework in recent years, though the core "life means life" structure for murder remains intact.
No Mandatory JLWOP — By Design, Not a 2020 Reform
Maine has not enacted a law specifically creating a post-sentencing review hearing for people who committed murder as juveniles. What protects juvenile defendants from the mandatory-LWOP problem the U.S. Supreme Court addressed in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) is Maine's existing sentencing structure itself: because 17-A M.R.S. § 1603 already requires an individualized weighing of aggravating and mitigating circumstances before a court may impose life instead of a 25-year-plus term, Maine's murder sentencing was never the kind of mandatory scheme Miller struck down.
According to the Maine Attorney General's office, no juvenile has been sentenced to life imprisonment in Maine. That does not mean a future case could not arise, but it means the resentencing-review reforms other states adopted in response to Miller and Montgomery had no existing mandatory-JLWOP population to apply to in Maine.
Yellow Flag Law Strengthening (2024)
Following the Lewiston mass shooting, the Maine legislature passed several measures to strengthen the state's "yellow flag" law, which allows law enforcement to petition a court to temporarily remove firearms from individuals who pose a danger to themselves or others. The reforms streamlined the petition process, improved information-sharing between agencies, and addressed gaps identified by the independent commission's investigation.
Ongoing Policy Debates
Periodic proposals to reintroduce some form of parole review for life-sentenced inmates have been introduced in the Maine legislature. Advocates argue that a system with absolutely no review mechanism — even after 30 or 40 years — is inconsistent with modern understanding of human development, rehabilitation, and the diminishing public safety risk posed by aging inmates.
Opponents counter that the certainty of a permanent sentence serves important purposes: it provides finality for victims' families, deters the most serious crimes, and ensures that people convicted of murder can never harm the public again.
As of March 2026, no legislation to restore parole eligibility for adult life-sentenced inmates has advanced in the Maine legislature.
| Year | Change |
|---|---|
| 2024 | Yellow flag law reforms following Lewiston mass shooting |
| 2024 | Joseph Eaton sentenced to life for four murders |
| 2019 | 17-A M.R.S. § 1251 repealed and murder sentencing recodified at § 1603 (life or a term of years of at least 25) |
| 1976 | Maine abolishes parole entirely |
| 1887 | Death penalty abolished — one of earliest states in the nation |
Juvenile Life Sentences
Maine's treatment of juvenile life sentences differs from most states because of how its general murder-sentencing statute already works.
A juvenile tried as an adult and convicted of murder in Maine is sentenced under the same statute as an adult, 17-A M.R.S. § 1603: the court chooses between life imprisonment and a determinate term of not less than 25 years, based on aggravating and mitigating circumstances under the State v. Shortsleeves (1990) framework. Because that choice already requires an individualized hearing rather than automatically imposing life, Maine's system does not present the mandatory-LWOP problem the U.S. Supreme Court addressed in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016).
Factors a Maine court considers when deciding between life and a term of years include:
- The nature and circumstances of the offense, including any aggravating factors
- The offender's age, maturity, and background, including whether the offense was committed as a juvenile
- The offender's prior record
- Evidence bearing on the offender's capacity for rehabilitation
- Input from victims and their families
The Maine Attorney General's office has stated it is not aware of any case in which a juvenile has been sentenced to life imprisonment in the state. Maine has not enacted a separate statute creating a post-sentencing review or resentencing hearing specifically for people who committed murder as juveniles.
Historical Context
One of the First States to Abolish the Death Penalty
Maine's relationship with capital punishment is one of the oldest abolition stories in American history. The state first abolished the death penalty in 1876, reinstated it briefly in 1883, and then abolished it permanently in 1887.
The final abolition came after a botched execution in 1885. Daniel Wilkinson was hanged at the Maine State Prison in Thomaston, but the execution went badly — it reportedly took an extended, agonizing period for Wilkinson to die. Public revulsion over the botched hanging fueled legislative action, and in 1887 the legislature voted to abolish capital punishment permanently.
Maine has not executed anyone since 1885. That is a span of more than 140 years — one of the longest unbroken stretches without an execution of any state in the nation.
The 1976 Abolition of Parole
Maine was part of a national wave of states that restructured their sentencing systems in the 1970s, moving away from indeterminate sentencing and discretionary parole toward determinate sentencing with fixed terms. The prevailing view at the time was that indeterminate sentencing gave parole boards too much unchecked power and produced inconsistent outcomes.
Maine went further than most states. Rather than simply reforming parole, the legislature abolished it entirely. This decision applied across the board — to all offenses, not just murder. For lesser crimes, the elimination of parole was partially offset by good-time credits. For murder, the result was absolute: life means life.
The States Where Life Means Life
Maine belongs to a small and distinctive group of states where a life sentence, once imposed, is automatically LWOP:
- Illinois
- Iowa
- Louisiana
- Maine
- South Dakota
Pennsylvania belonged to this group until March 2026, when its Supreme Court held in Commonwealth v. Lee that mandatory LWOP for second-degree murder violates the Pennsylvania Constitution; Pennsylvania's automatic-LWOP rule now applies only to first-degree murder. Each of the remaining states arrived at this position through different legal and historical paths. Maine's path — the early abolition of the death penalty combined with the 1976 elimination of parole — is unique among the group.
Maine Life Sentence at a Glance
| Category | Details |
|---|---|
| Life sentence definition | Natural life — no release |
| Parole eligibility | None (parole abolished in 1976) |
| LWOP as separate category | No — all life sentences are automatically LWOP |
| Only path to release | Governor commutation |
| Death penalty | Abolished in 1887 |
| Last execution | 1885 (Daniel Wilkinson) |
| JLWOP | No separate juvenile statute; sentenced under § 1603 like adults, and no reported cases exist |
| Key murder statute | 17-A M.R.S. § 201 |
| Key sentencing statute | 17-A M.R.S. § 1603 (murder); § 1604 (other crimes) |
| Manslaughter maximum | 30 years (Class A crime) |
Related Pages
Frequently Asked Questions
How long is a life sentence in Maine?
In Maine, when a court imposes a life sentence, it means the rest of the person's natural life in prison — there is no parole eligibility, no parole board review, and no possibility of release. But life is not the only sentence a Maine murder conviction can carry: under 17-A M.R.S. § 1603, the court may instead impose a term of years of at least 25. When life is imposed, Maine is one of a small group of states where it is automatically without the possibility of parole. The only path to release from a life sentence is a commutation from the governor, which is extraordinarily rare.
Does Maine have life without parole (LWOP)?
Maine does not use LWOP as a separate sentencing category because it does not need to. Every life sentence imposed in Maine is automatically life without the possibility of parole, since the state abolished parole entirely in 1976. There is no 'life with parole' option. But life is not mandatory for a murder conviction — under 17-A M.R.S. § 1603, the court may instead impose a determinate term of years of at least 25, based on the case's aggravating and mitigating circumstances.
Does Maine have the death penalty?
No. Maine abolished the death penalty permanently in 1887, making it one of the earliest states in the nation to do so. The last execution in Maine took place in 1885. Life imprisonment without the possibility of parole has been the maximum sentence for nearly 140 years.
Can a juvenile get life without parole in Maine?
Maine has not enacted a separate juvenile life-sentencing statute or resentencing law. A juvenile tried as an adult for murder is sentenced under the same statute as an adult, 17-A M.R.S. § 1603, which already requires the court to weigh aggravating and mitigating circumstances — including the offender's age — before choosing between life imprisonment and a term of years of at least 25. According to the Maine Attorney General's office, no juvenile has actually been sentenced to life imprisonment in Maine.
What was the Lewiston mass shooting?
On October 25, 2023, Robert Card killed 18 people and wounded 13 others in shootings at a bowling alley and a bar in Lewiston, Maine. It was the deadliest mass shooting in Maine history. Card died by suicide before he could be arrested or charged. Had he survived, he would have faced 18 counts of murder under 17-A M.R.S. § 1603, each carrying a possible sentence of life imprisonment or a term of years of at least 25; given the number of victims, a court would almost certainly have found the aggravating circumstances needed to impose life, which under Maine law means natural life with no possibility of parole.
Updates
Corrected the page's central claim: murder in Maine is not a mandatory life sentence. The statute the page cited (17-A M.R.S. § 1251) was repealed in 2019; under the current statute, § 1603, a court chooses between life imprisonment and a term of years of at least 25, based on the case's aggravating and mitigating factors. Also removed a fabricated claim about a 2020 Maine juvenile-sentencing reform that could not be verified and appears to have been misattributed from Maryland's real 2021 law, and corrected a stale comparison that still listed Pennsylvania among states where life is always automatic LWOP after a March 2026 court ruling narrowed that rule.
Independently fact-checked against the cited primary sources
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Part 3:, Chapter 51: SENTENCES OF IMPRISONMENT
§ 1251§1251. Imprisonment for murderRepealed
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Rich (Supreme Judicial Court of Maine 1978, 395 A.2d 1123)“…a term of fifty years is consistent with the provisions of 17-A M.R.S.A. § 1251.3. 17 The argument of the…”
- State v. Sweet (Supreme Judicial Court of Maine 2000, 745 A.2d 368)“…1998 ME 212, ¶ 15 , 718 A.2d 195, 199 ; see also 17-A M.R.S.A. § 1251(2)(A) (1983). In this context, "[t]he c…”
- State v. Dwyer (Supreme Judicial Court of Maine 2009, 985 A.2d 469)“…e sentencing range for murder is twenty-five years to life. 17-A M.R.S. § 1251 (2008). Here, the State recommended a b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Maine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Part 6: PUNISHMENTS, Chapter 63: SENTENCES OF IMPRISONMENT
§ 1603Imprisonment for crime of murderIn forcecited in 2 of our articles
1. Sentence. A person convicted of the crime of murder must be sentenced to imprisonment for life or for any term of years that is not less than 25. The sentence of the court must specify the length of the sentence to be served and must commit the person to the Department of Corrections. 2. Factors of domestic violence or victim's age or pregnancy. In setting a term of imprisonment pursuant to subsection 1, the court shall assign special weight to each of the following 3 factors as they relate to the sentencing procedure in section 1602, subsection 2: A. That the victim is a child who had not in fact attained 6 years of age at the time the crime was committed; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. That the victim is a woman whom the convicted individual knew or had reasonable cause to believe to be in fact pregnant at the time the crime was committed; and [PL 2019, c. 113, Pt. A, §2 (NEW).] C. That the victim is a family or household member as defined in Title 19‑A, section 4102, subsection 6, paragraphs A to E or a dating partner as defined in Title 19‑A, section 4102, subsection 4 who is a victim of domestic violence committed by the convicted individual. [PL 2023, c.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State of Maine v. Sharon Carrillo (Supreme Judicial Court of Maine 2021, 248 A.3d 193)“…A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1603 (2020)); see State v. De St. Croix, 202…”
- State of Maine v. Noah Gaston (Supreme Judicial Court of Maine 2021, 250 A.3d 137)“…A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1603 (2021)); see State v. De St. Croix, 202…”
- State of Maine v. John De St. Croix (Supreme Judicial Court of Maine 2020, 243 A.3d 880)“…A-1, A-2 (emergency, effective May 16, 2019) (codified at 17-A M.R.S. § 1603 (2020)); see State v. Hardy, 489 A.2d 5…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Many Years for First Degree Murder?
Maine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Part 2: SUBSTANTIVE OFFENSES, Chapter 9: OFFENSES AGAINST THE PERSON
§ 201MurderIn force
1. A person is guilty of murder if the person: A. Intentionally or knowingly causes the death of another human being; [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).] B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of another human being; or [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).] C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception. [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).] 1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged. 2. The sentence for murder is as authorized in chapter 63. 3. It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. 4. For purposes of subsection 3, provocation is adequate if: A. It is not induced by the person; and [PL 2001, c. 383, §8 (AMD); PL 2001, c. 383, §156 (AFF).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 343 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Crocker (Supreme Judicial Court of Maine 1981, 435 A.2d 58)“…County jury found defendant Vinal Crocker guilty of murder, 17-A M.R.S.A. § 201 (Supp. 1980), in connection with the de…”
- State v. Lockhart (Supreme Judicial Court of Maine 2003, 830 A.2d 433)“…ng him *438 guilty of murder in violation of 17-A M.R.S.A. § 201QXA) (1983), amended by 17-…”
- State v. Dechaine (Supreme Judicial Court of Maine 1990, 572 A.2d 130)“…rdicts finding him guilty of intentional or knowing murder, 17-A M.R.S.A. § 201(1)(A) (1983), depraved indifference mur…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 202Felony murderIn force
1. A person is guilty of felony murder if acting alone or with one or more other persons in the commission of, or an attempt to commit, or immediate flight after committing or attempting to commit, murder, robbery, burglary, kidnapping, arson, gross sexual assault, or escape, the person or another participant in fact causes the death of a human being, and the death is a reasonably foreseeable consequence of such commission, attempt or flight. 2. It is an affirmative defense to prosecution under this section that the defendant: A. Did not commit the homicidal act or in any way solicit, command, induce, procure or aid the commission thereof; [PL 1977, c. 510, §39 (RPR).] B. Was not armed with a dangerous weapon, or other weapon which under circumstances indicated a readiness to inflict serious bodily injury; [PL 1977, c. 510, §39 (RPR).] C. Reasonably believed that no other participant was armed with such a weapon; and [PL 1977, c. 510, §39 (RPR).] D. Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury. [PL 1977, c. 510, §39 (RPR).] 3. Felony murder is a Class A crime.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Reardon (Supreme Judicial Court of Maine 1984, 486 A.2d 112)“…provides expressly as basic elements of felony murder under 17-A M.R.S.A. § 202, (1) that the commission of any of the…”
- State v. Caouette (Supreme Judicial Court of Maine 1983, 462 A.2d 1171)“…tice to instruct the jury on the elements of felony murder, 17-A M.R.S.A. § 202 (1983), as a lesser included offense of…”
- State v. Hicks (Supreme Judicial Court of Maine 1985, 495 A.2d 765)“…death of his wife, Jennie Hicks, on or about July 19, 1977. 17-A M.R.S.A. § 202(1)(A) (1975, c. 740, § 40)(repealed 197…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 203ManslaughterIn force
1. A person is guilty of manslaughter if that person: A. Recklessly, or with criminal negligence, causes the death of another human being. Violation of this paragraph is a Class A crime; [PL 2001, c. 383, §9 (AMD); PL 2001, c. 383, §156 (AFF).] B. Intentionally or knowingly causes the death of another human being under circumstances that do not constitute murder because the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation. Adequate provocation has the same meaning as in section 201, subsection 4. The fact that the person causes the death while under the influence of extreme anger or extreme fear brought about by adequate provocation constitutes a mitigating circumstance reducing murder to manslaughter and need not be proved in any prosecution initiated under this subsection. Violation of this paragraph is a Class A crime; or [PL 2001, c. 383, §9 (AMD); PL 2001, c. 383, §156 (AFF).] C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 181 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Crocker (Supreme Judicial Court of Maine 1981, 435 A.2d 58)“…outrageous, revolting, brutal, or shocking. By contrast, 17-A M.R.S.A. § 203(1)(A) provides for the manslaughter con…”
- State v. Michaud (Supreme Judicial Court of Maine 1998, 1998 Me. 251)“…finding him guilty of reckless manslaughter in violation of 17-A M.R.S.A. § 203(1)(A) (1983 & Supp.1998), 1…”
- State v. Schofield (Supreme Judicial Court of Maine 2005, 895 A.2d 927)“…g her conviction for manslaughter (Class A) in violation of 17-A M.R.S.A. § 203(1)(A) (1983 & Supp.2000). [1] Schofiel…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 17-A M.R.S. § 201(legislature.maine.gov).gov
- 17-A M.R.S. § 202(legislature.maine.gov).gov
- 17-A M.R.S. § 203(legislature.maine.gov).gov
- 17-A M.R.S. § 1603(legislature.maine.gov).gov
- the Maine Constitution, Article V, Part First, Section 11(legislature.maine.gov).gov
- *Miller v. Alabama*(law.cornell.edu).gov
- *Montgomery v. Louisiana*(law.cornell.edu).gov