Protecting a Home
17-A M.R.S. § 104 — force against a trespasser, and deadly force in a dwelling after a demand to leave
A person in possession or control of premises, or with permission to be there, may use nondeadly force they reasonably believe necessary to prevent or end a criminal trespass there.
Who handles this in Maine: legal aid programs and the state offices, listed in the Maine directory.
- Deadly force may be used against a trespasser who has entered or is entering the dwelling place, or stayed in it secretly, and is committing or likely to commit another crime inside.
- That person first demands that the trespasser leave, and uses deadly force only if the trespasser does not immediately comply, unless the demand itself would be dangerous.
- Deadly force on premises is also justified to prevent an attempt at arson.
Reasonable nondeadly force may be used to stop what is or reasonably appears to be an unlawful taking of property or criminal mischief, or to take property back immediately after it was taken.
Sources for this section (2)
- 17-A M.R.S. § 104 — Use of force in defense of premises
- 17-A M.R.S. § 105 — Use of force in property offenses
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.