§ 17-A §104 — Use of force in defense of premises

Maine § 17-A §104

• Jurisdiction: Maine
• Title 17-A: MAINE CRIMINAL CODE
• Part 1: GENERAL PRINCIPLES
• Ch. 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION

Text

1.
A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate the commission of a criminal trespass by such other person in or upon such premises.
2.
A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using deadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent an attempt by the other person to commit arson.
3.
A person in possession or control of a dwelling place or a person who is licensed or privileged to be therein is justified in using deadly force upon another person:
4.
A person may use deadly force under subsection 3, paragraph B only if the person first demands the person against whom such deadly force is to be used to terminate the criminal trespass and the trespasser fails to immediately comply with the demand, unless the person reasonably believes that it would be dangerous to the person or a 3rd person to make the demand.
5.
As used in this section:

Legislative History

PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §26 (RPR). PL 2007, c. 173, §20 (AMD).