Maine § 17-A §13-A Included offenses

Maine Statutes

§ 17-A §13-A — Included offenses

Maine § 17-A §13-A

Title 17-AMAINE CRIMINAL CODE

Part 1GENERAL PRINCIPLES

Ch. 1PRELIMINARY

This text of Maine § 17-A §13-A (Included offenses) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 17-A, § 17-A §13-A (2026).

Text

1.The court shall not instruct the jury to consider, nor shall the court as factfinder consider, a lesser included offense, as defined in subsection 2, unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense. If a rational basis exists, the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter within the discretion of the court.

2.For purposes of this section, a lesser included offense is an offense carrying a lesser penalty which:

3.The court in its discretion may instruct the jury to consider, or may as factfinder consider, any other offense or another alternative of the offense charged, although that other offense

Free access — add to your briefcase to read the full text and ask questions with AI

1.
The court shall not instruct the jury to consider, nor shall the court as factfinder consider, a lesser included offense, as defined in subsection 2, unless on the basis of the evidence there is a rational basis for finding the defendant guilty of that lesser included offense. If a rational basis exists, the lesser included offense shall be considered by the factfinder if requested by either the State or defendant; otherwise, its consideration shall be a matter within the discretion of the court.
2.
For purposes of this section, a lesser included offense is an offense carrying a lesser penalty which:
3.
The court in its discretion may instruct the jury to consider, or may as factfinder consider, any other offense or another alternative of the offense charged, although that other offense or alternative is not a lesser included offense, if: