Maine § 17 §2510 Unlawful cutting of trees

Maine Statutes

§ 17 §2510 — Unlawful cutting of trees

Maine·Title 17 CRIMES·Ch. 83 MALICIOUS MISCHIEFS

1.Unlawful cutting. Any person who in fact cuts down or fells any tree without the consent of the owner of the property on which the tree stands commits a civil violation for which the forfeitures provided in this section may be adjudged. Proof of a culpable state of mind is not required. The cutting down or felling of any tree by the following are exempt from this section:

2.Forfeitures. The following forfeitures may be adjudged for each tree over 2 inches in diameter that has been cut or felled:

3.Diameter. For the purposes of determining the forfeiture, the diameter of a tree shall be the diameter of the tree stump remaining or the diameter of the tree at 4 1/2 feet from the ground if the remaining stump is higher than that distance.

4.Restitution. The court shall inquire of the pro

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1.
Unlawful cutting.
Any person who in fact cuts down or fells any tree without the consent of the owner of the property on which the tree stands commits a civil violation for which the forfeitures provided in this section may be adjudged. Proof of a culpable state of mind is not required. The cutting down or felling of any tree by the following are exempt from this section:
2.
Forfeitures.
The following forfeitures may be adjudged for each tree over 2 inches in diameter that has been cut or felled:
3.
Diameter.
For the purposes of determining the forfeiture, the diameter of a tree shall be the diameter of the tree stump remaining or the diameter of the tree at 4 1/2 feet from the ground if the remaining stump is higher than that distance.
4.
Restitution.
The court shall inquire of the prosecutor or the owner of the property on which the tree was cut down or felled the extent of the owner's financial loss. With the owner's consent, the court shall order restitution when appropriate on the basis of an adequate factual foundation. The order of restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid. Restitution ordered under this subsection is in addition to any forfeitures adjudged under subsection 2; except that at the request of the prosecutor, the court may suspend all or a portion of the forfeiture adjudged under subsection 2 and apply it to restitution to the property owner under this section.
5.
Liability for conduct of another.
A person commits the civil violation in subsection 1 even if the person did not personally cut down or fell the tree if the person is legally accountable for the conduct of another person who violates subsection 1. A person is legally accountable for the conduct of another person if:

Maine § 17 §2510 (Unlawful cutting of trees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1981, c. 355 (NEW). PL 1987, c. 10 (AMD). PL 1987, c. 141, §B14 (AMD). PL 1995, c. 450, §5 (AMD). PL 1997, c. 152, §§1-3 (AMD). PL 2003, c. 540, §1 (AMD).