US Laws, Codes, Statutes & Cases

      1. A person is guilty of theft if:
   
A. The person obtains or exercises control over property of another as a result of insurance deception and with an intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; or [2001, c. 383, §35 (new); §156 (aff).]    
B. The person violates paragraph A and:   
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;  
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;  
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;  
(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;  
(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime; or  
(6) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime. [2001, c. 667, Pt. D, §5 (amd); §36 (aff).] [2001, c. 667, Pt. D, §5 (amd); §36 (aff).]
      2. For purposes of this section, insurance deception occurs when a person intentionally makes a misrepresentation or written false statement that the person does not believe to be true relating to a material fact to any person engaged in the business of insurance concerning any of the following:
   
A. An application for the issuance or renewal of an insurance policy; [1997, c. 779, §1 (new).]    
B. The rating of an insurance policy; [1997, c. 779, §1 (new).]    
C. Payment made in accordance with an insurance policy; [1997, c. 779, §1 (new).]    
D. A claim for payment or benefit pursuant to an insurance policy; or [1997, c. 779, §1 (new).]    
E. Premiums paid on an insurance policy. [1997, c. 779, §1 (new).] [1997, c. 779, §1 (new).]
      3. It is not a defense to a prosecution under this section that the deception related to a matter that was of no pecuniary significance or that the person deceived acted unreasonably in relying on the deception.[2001, c. 383, §36 (rpr); §156 (aff).]

Section History:

PL 1997,  Ch. 779,   §1 (NEW).
PL 2001,  Ch. 383,   §156 (AFF).
PL 2001,  Ch. 383,   §35,36 (AMD).
PL 2001,  Ch. 667,   §D36 (AFF).
PL 2001,  Ch. 667,   §D5 (AMD).