Maine Use of Force and Self-Defense Laws

Use of Force Laws in Maine

Maine's use of force laws are codified in Title 17-A of the Maine Revised Statutes, Chapter 5 (Defenses of Justification). Maine imposes a duty to retreat before using deadly force in public but recognizes a Castle Doctrine — there is no duty to retreat within one's own dwelling. Maine is not a Stand Your Ground state.

Self-Defense: Nondeadly Force (17-A §108(1))

A person is justified in using a reasonable degree of nondeadly force to defend themselves or a third person from what they reasonably believe to be the imminent use of unlawful, nondeadly force. The degree of force used must be reasonably believed necessary for that purpose.

Nondeadly force is NOT justified if:

• The person provoked the use of unlawful nondeadly force with the purpose of causing physical harm (§108(1)(A))
• The person was the initial aggressor, unless they withdrew from the encounter and effectively communicated intent to withdraw, but the other person continued the threat (§108(1)(B))
• The force was the product of a combat by agreement not authorized by law (§108(1)(C))

Against law enforcement (§108(1-A)): A person is not justified in using nondeadly force against a person they know or reasonably should know is a law enforcement officer attempting to effect an arrest or detention, regardless of whether the arrest is legal. However, a person may use reasonable nondeadly force to defend against a law enforcement officer who uses unjustified nondeadly force during an arrest or detention.

Self-Defense: Deadly Force (17-A §108(2))

A person is justified in using deadly force when they reasonably believe it necessary and reasonably believe the other person is:

1. About to use unlawful, deadly force against the person or a third person (§108(2)(A)(1))
2. Committing or about to commit a kidnapping, robbery, or gross sexual assault under §253(1)(A) against the person or a third person (§108(2)(A)(2))

Dwelling place exception (§108(2)(B)): Deadly force is also justified when a person reasonably believes:

• Another person has entered or is attempting to enter a dwelling place, or has surreptitiously remained within, without license or privilege; and
• Deadly force is necessary to prevent the infliction of bodily injury upon the person or a third person present in the dwelling

Duty to Retreat (17-A §108(2)(C))

Deadly force under §108(2)(A) is not justified if the person knows they can, with complete safety:

• Retreat from the encounter — except that there is no duty to retreat if the person is in their own dwelling place and was not the initial aggressor (§108(2)(C)(3)(a))
• Surrender property to a person asserting a colorable claim of right (§108(2)(C)(3)(b))
• Comply with a demand to abstain from performing an act the person is not obliged to perform (§108(2)(C)(3)(c))

Deadly force is also not justified if:

• The person provoked the use of unlawful deadly force with intent to cause physical harm (§108(2)(C)(1))
• The person knows the individual against whom deadly force is directed intentionally and unlawfully provoked the use of such force (§108(2)(C)(2))

Key takeaway for permit holders: Maine requires you to retreat if you can do so with complete safety before using deadly force in public. In your own home, you have no duty to retreat as long as you were not the initial aggressor.

Defense of Premises (17-A §104)

A person in possession or control of premises, or licensed/privileged to be there, may use force as follows:

Nondeadly force (§104(1)): Justified when reasonably believed necessary to prevent or terminate criminal trespass on the premises.

Deadly force — arson (§104(2)): Justified when reasonably believed necessary to prevent an attempt to commit arson.

Deadly force — dwelling place (§104(3)): Justified in a dwelling place when:

• The circumstances described in §108 apply (self-defense standards above); or
• The person reasonably believes deadly force is necessary to prevent or terminate criminal trespass by someone who:
  • Has entered, is attempting to enter, or has surreptitiously remained in the dwelling without license or privilege; and
  • Is committing or is likely to commit some other crime within the dwelling (§104(3)(B))

Demand requirement (§104(4)): Before using deadly force under §104(3)(B), a person must first demand that the trespasser leave and the trespasser must fail to immediately comply — unless the person reasonably believes making such a demand would be dangerous to themselves or a third person.

Definitions (§104(5)):

• Dwelling place — as defined in §2(10)
• Premises — includes but is not limited to lands, private ways, and any buildings or structures thereon

Prohibited Justification Defense (17-A §108(3))

As of 2019 (PL 2019, c. 462), a person is not justified in using force against another based solely on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation. This includes situations where the victim made an unwanted nonforcible romantic or sexual advance, or where the parties had a prior dating or romantic relationship.

Use of Force by Private Persons in Law Enforcement Context (17-A §107(4))

A private person acting on their own may use:

• Nondeadly force when reasonably believed necessary to effect a lawful arrest or detention, or prevent escape (§107(4)(A))
• Deadly force only when reasonably believed necessary to defend against imminent unlawful deadly force, or to effect a lawful arrest/prevent escape of a person who has in fact committed a crime involving deadly force or is using a dangerous weapon to escape — and the citizen has made reasonable efforts to identify themselves (§107(4)(B))

Key Statutes Reference

Recent Legislative Activity

• PL 2025, c. 429 — Reorganized use-of-force provisions for law enforcement and corrections. Created new §107-A (Physical force in corrections) as a standalone section, separating corrections use-of-force rules from general law enforcement provisions in §107. Repealed former §107 subsections 5 and 5-A.
• PL 2019, c. 462 — Added §108(3) prohibiting the so-called "panic defense" based on a victim's gender identity or sexual orientation.
• LD 533 (129th Legislature) — A bill titled "An Act to Eliminate the Statutory Duty to Retreat and Affirm the Right of Self-defense" was introduced but was not enacted, meaning Maine's duty to retreat outside the dwelling remains in effect.

All statute text sourced from the Maine Legislature website (legislature.maine.gov). Concealed carry holders should consult the full text of Title 17-A and seek legal counsel for specific situations.