Maine § 17-A §13-A Included offenses

Maine Statutes

§ 17-A §13-A — Included offenses

Maine·Title 17-A MAINE CRIMINAL CODE·Part 1 GENERAL PRINCIPLES·Ch. 1 PRELIMINARY

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

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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:

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