Many crimes in Maine now civil violations

AUGUSTA – Scores of offenses that have long been listed in Maine’s law books as crimes have been downgraded to civil violations, meaning arrests and jail time are out, but fines could be increased.

The changes affecting about 160 offenses were made during the legislative session that ended in late June. Some of the changes took effect Sunday, and some take effect Jan. 1. There was little opposition to the changes.

The downgrades affect offenses such as holding an unsanctioned horse-pulling contest, not putting the owner’s name on an ice-fishing shack, and molesting elver nets. Most of the changes are in fish and wildlife laws.

Major offenses, such as killing moose out of season and night hunting, remain crimes.

In effect, the changes mean that people charged with civil violations can’t be arrested or opt for jury trials, and don’t go to jail. If guilty, offenders don’t get criminal records.

However, fines may be as great or even greater than they were before for the same offenses.

Maine prosecutors supported the bill because it means relatively minor cases will no longer clog up the court dockets. Most offenders will simply get tickets and mail in fines, just as traffic offenders do.

Those who contest charges can have their cases heard by a judge.

Initial skepticism by some departments when the decriminalization process began faded as it continued.

In rewriting business regulations, officials retained criminal sanctions for what they considered serious offenses, such as brokers and appraisers practicing without licenses. But Carol Leighton, director of the Maine Real Estate Commission, said it needn’t be a crime to miss a deadline or say a septic system works when it doesn’t.

In agriculture, lawmakers sought to keep criminal sanctions for actions that could affect human health. Violating animal quarantines remains a crime, but not failing to get a permit for a horse-pulling contest.

Along the shore, digging clams in restricted areas, which has health implications, also remains a crime, but taking lobsters or scallops without a license becomes a civil violation.

Many of Maine’s traffic offenses were reclassified in the mid-1970s.