Penalty Info

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Maine State law

State law — Maine

0 verified · 16 possibly — unconfirmed · 0 verification pending

Offences by family

Against the person

Assault (aggravated) Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Aggravated assault (Class B) (§ 208(1)(A), (B), (C)) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000

Bodily injury creating substantial risk of death or extended convalescence; bodily injury with a dangerous weapon; or bodily injury under circumstances manifesting extreme indifference to the value of human life (including strangulation).

Aggravated assault — bodily injury causing serious, permanent disfigurement or loss/substantial impairment of a bodily member or organ (Class A) (§ 208(1)(A-1)) Possibly — unconfirmed

Imprisonment
0–30 years
Fine
$0–$50,000
Note on this entry

Elevated aggravated assault (§ 208-B) was not tiered in this session. Strangulation is expressly included in the extreme-indifference paragraph (§ 208(1)(C)).

Statute
17-A M.R.S. § 208
Official source
Maine Legislature — 17-A M.R.S. § 208 (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, injury severity, weapon type, victim status, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Assault (simple) Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Assault (Class D) (§ 207(1)(A)) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$300–$2,000

Intentionally, knowingly or recklessly causes bodily injury or offensive physical contact.

Assault — actor 18+ causing bodily injury to a child under 6 (Class C) (§ 207(1)(B)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000
Note on this entry

The court must impose a sentencing alternative involving a fine of not less than $300, which may not be suspended except as provided in § 207(4).

Statute
17-A M.R.S. § 207
Official source
Maine Legislature — 17-A M.R.S. § 207 (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, injury, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Domestic violence Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Domestic violence assault (Class D) (§ 207-A(1)(A)) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Assault (§ 207) where the victim is a family or household member (19-A § 4102(6)) or a dating partner (19-A § 4102(4)).

Domestic violence assault — with one or more prior convictions for listed DV offences / protection-order violations / bail violations (Class C) (§ 207-A(1)(B)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000
Note on this entry

§ 208-C (aggravated domestic violence assault) and § 4113 (violation of a protection from abuse order) penalty text was not tiered in this session. §§ 208-D/E/F (DV criminal threatening, terrorizing, stalking) and §§ 209-A/210-B/C/211-A (other DV offences) were not tiered. Firearm prohibition for DV offenders: 15 M.R.S. § 393(1-B) (Class C).

Statute
17-A M.R.S. § 207-A
Official source
Maine Legislature — 17-A M.R.S. § 207-A (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, injury, protective-order status, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — manslaughter Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Manslaughter — Class A: recklessly or with criminal negligence causes death; or intentional/knowing killing under extreme anger or fear from adequate provocation (§ 203(1)(A)–(B)) Possibly — unconfirmed

Imprisonment
0–30 years
Fine
$0–$50,000

Manslaughter — Class C: workplace-safety violation causing an employee's death (§ 203(1)(C)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000
Note on this entry

Manslaughter text retrieved is from the 2001 recodification (PL 2001, c. 383); confirm against the current § 203. Negligent homicide is a separate offence (not tiered).

Statute
17-A M.R.S. § 203
Official source
Maine Legislature — Public Laws of 2001, § 203 (mainelegislature.org)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Provocation, recklessness, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — murder Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Murder (§ 201) Possibly — unconfirmed

Imprisonment
25 years–life
Fine
None stated

Life imprisonment or a term of not less than 25 years. Special weight at sentencing if the victim was under 6 or a woman the offender had reasonable cause to believe was pregnant (per secondary summary).

Note on this entry

Maine has no degrees of murder: intentional/knowing killing, depraved-indifference killing, and causing suicide by force/duress/deception are all murder (§ 201). No fine is stated for natural persons in § 201; the OPLA class table shows a fine of 'any amount' only for organisations. Maine has no death penalty.

Statute
17-A M.R.S. § 201
Official source
Maine Legislature — OPLA class-of-crimes penalties table + FindLaw Maine murder summary
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Aggravating/mitigating findings, age of offender, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Sexual offences

Sexual assault / rape Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Gross sexual assault — Class A: compulsion; victim under 14; victim under 12 (§ 253(1)) Possibly — unconfirmed

Imprisonment
0–30 years
Fine
$0–$50,000

Gross sexual assault — Class B: drugging/intoxication; threat; mental disability (§ 253(2)) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000
Note on this entry

§ 253(3) and other subsections were not retrieved; sexual abuse of minors (§ 254) was not tiered. § 1604(2): a repeat sexual assault offender under § 253-A may be sentenced to any term of years; gross sexual assault against a child under 12 is sentenced under § 253-A(2) to any term of years. § 253(1) covers compulsion and victims under 14 / under 12.

Statute
17-A M.R.S. § 253
Official source
Justia mirrors of 17-A M.R.S. § 253 (non-official mirrors)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, victim age, injury, plea, discretion, registration consequences. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Property

Burglary Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Burglary (Class C) (§ 401(1)(A)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Entering or surreptitiously remaining in a structure without licence/privilege with intent to commit a crime therein.

Burglary — armed with a firearm, or knows an accomplice is so armed (Class A) (§ 401(1)(B)(1)) Possibly — unconfirmed

Imprisonment
0–30 years
Fine
$0–$50,000

Burglary — Class B: inflicts/attempts bodily injury; armed with a dangerous weapon other than a firearm; against a dwelling place; or 2+ prior convictions for listed offences (§ 401(1)(B)(2)–(5)) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000
Note on this entry

§ 1604(3): if the State pleads and proves a Class A, B or C crime was committed with the use of a firearm against an individual, a non-suspendable minimum applies (amount not tiered).

Statute
17-A M.R.S. § 401
Official source
Maine Legislature — 17-A M.R.S. § 401 (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, weapon type, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Robbery Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Robbery — Class B: recklessly inflicts bodily injury, or intentionally/knowingly threatens force or places a person in fear of imminent force (§ 651(1)(A)–(B)) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000

Robbery — Class A: uses physical force on another; intentionally inflicts/attempts bodily injury; or is armed with a dangerous weapon (or knows an accomplice is) (§ 651(1)(C)–(E)) Possibly — unconfirmed

Imprisonment
0–30 years
Fine
$0–$50,000
Note on this entry

Unlike most states, Maine grades robbery by the force used: mere threat is Class B, actual use of physical force is Class A.

Statute
17-A M.R.S. § 651
Official source
Maine Legislature — 17-A M.R.S. § 651 (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, injury severity, weapon type, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Theft Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Theft — Class B: value over $10,000; firearm or explosive stolen; actor armed with a dangerous weapon Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000

Theft — Class C: value over $1,000 up to $10,000; or 2+ prior convictions for listed offences Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Theft — Class D: value over $500 up to $1,000 Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Theft — Class E: value $500 or less Possibly — unconfirmed

Imprisonment
0–6 months
Fine
$0–$1,000
Note on this entry

§ 353 text was not retrieved in session; the tiers below follow the identical grading pattern in §§ 354 (theft by deception), 357 (theft of services) and 358 (theft by misapplication) and secondary summaries of § 353, and need official re-check. Two or more prior convictions for listed theft/burglary/robbery/forgery offences elevate theft to a Class C crime.

Statute
17-A M.R.S. § 353
Official source
Maine Legislature — 17-A M.R.S. § 354 (parallel grading) + LegalClarity secondary summary of § 353
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, value disputes, restitution, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Vandalism / criminal damage Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Aggravated criminal mischief (Class C) (§ 805) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Damage/destruction over $2,000; damage to collect insurance; tampering with law-enforcement/fire/utility property causing substantial service interruption; recklessly endangering human life; damage by fire (non-dwelling/non-structure); or damage intended to cause substantial harm to another's health, safety, business, reputation or relationships.

Criminal mischief (Class D) (§ 806) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000
Note on this entry

Mischief amounts may be aggregated as provided in § 352(5)(E).

Statute
17-A M.R.S. §§ 805, 806
Official source
Maine Legislature — 17-A M.R.S. § 805 (mainelegislature.org PDF) + LawServer mirror of § 806 (non-official mirror)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, damage valuation, restitution, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Fraud & financial

Fraud Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Theft by deception — Class B: value over $10,000; firearm/explosive stolen; actor armed with a dangerous weapon (§ 354(1)(B)) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000

Theft by deception — Class C: value over $1,000 up to $10,000; or 2+ prior convictions for listed offences (§ 354(1)(B)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Theft by deception — Class D: value over $500 up to $1,000 (§ 354(1)(B)) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Theft by deception — Class E: baseline (§ 354(1)(A)) Possibly — unconfirmed

Imprisonment
0–6 months
Fine
$0–$1,000
Note on this entry

Other fraud-specific sections (e.g. forgery §§ 702–703, insurance deception § 354-A) were not tiered in this session.

Statute
17-A M.R.S. § 354
Official source
Maine Legislature — 17-A M.R.S. § 354 (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, amount, victim count, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drugs

Drug possession Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Possession — Schedule W drug above quantity threshold (§ 1107-A(1)(A), Class C) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Per secondary summary of thresholds; confirm against official text.

Possession — Schedule W listed drug (heroin, cocaine, crack, oxycodone, hydrocodone, hydromorphone, methamphetamine, fentanyl powder) with one or more prior trafficking convictions (§ 1107-A(1)(B), Class C) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Possession — Schedule W drug otherwise (§ 1107-A(1)(C), Class D) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Possession — Schedule X drug (§ 1107-A(1)(D), Class D) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Possession — Schedule Y drug (§ 1107-A(1)(E), Class E) Possibly — unconfirmed

Imprisonment
0–6 months
Fine
$0–$1,000

Possession — Schedule Z drug other than marijuana (§ 1107-A(1)(F), Class E) Possibly — unconfirmed

Imprisonment
0–6 months
Fine
$0–$1,000

Possession — marijuana over 2.5 oz to 8 oz (Class E) Possibly — unconfirmed

Imprisonment
0–6 months
Fine
$0–$1,000

Possession — marijuana over 8 oz to 16 oz (Class D) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Possession — marijuana over 1 lb to 20 lbs (Class C) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Possession — marijuana over 20 lbs (Class B) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000
Note on this entry

Maine uses its own schedules W, X, Y, Z (W = highest). Adults 21+ may lawfully possess up to 2.5 oz of cannabis under 28-B M.R.S. § 1501; the marijuana tiers below cover unlawful possession above that amount. § 1107-A(1)(A) quantity thresholds per secondary summary: cocaine over 2 g; heroin, oxycodone, hydrocodone, hydromorphone, methamphetamine or fentanyl powder over 200 mg.

Statute
17-A M.R.S. § 1107-A
Official source
Maine Legislature — 17-A M.R.S. § 1107-A (mainelegislature.org PDF) + LegalClarity secondary summary
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, weight measurement, treatment/diversion, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drug trafficking / sale Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Unlawful trafficking — Schedule W drug; marijuana 20+ lbs; marijuana 500+ plants (Class B) (§ 1103(1-A)) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000

Unlawful trafficking — Schedule X drug; marijuana over 1 lb; marijuana 100+ plants (Class C) (§ 1103(1-A)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Unlawful trafficking — Schedule Y or Z drug (Class D) (§ 1103(1-A)) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Aggravated trafficking — Schedule W drug or marijuana 20+ lbs, trafficking to a child under 18 or with prior convictions (§ 1105-A, Class A) Possibly — unconfirmed

Imprisonment
0–30 years
Fine
$0–$50,000

Aggravated trafficking — Schedule X drug or marijuana over 1 lb, trafficking to a child under 18 or with prior convictions (§ 1105-A, Class B) Possibly — unconfirmed

Imprisonment
0–10 years
Fine
$0–$20,000

Aggravated trafficking — Schedule Y or Z drug, trafficking to a child under 18 or with prior convictions (§ 1105-A, Class C) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000
Note on this entry

'Traffick' includes manufacturing, selling, furnishing for consideration, and possession with intent to do so. § 1105-A has further aggravators (e.g. school zone, death resulting) that were not tiered. A law-firm summary's claim of a 4-year non-suspendable minimum for 112 g+ cocaine was not verified against official text and is not shown.

Statute
17-A M.R.S. §§ 1103, 1105-A
Official source
Maine Legislature — 17-A M.R.S. §§ 1103, 1105-A (legislature.maine.gov)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, quantity, school-zone and other enhancements, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Weapons

Weapons offences Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Possession of a firearm by a prohibited person (Class C) (§ 393(1)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Possession of a firearm by a person convicted of a listed domestic-violence offence (Class C) (§ 393(1-B)) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000
Note on this entry

§ 393(1) covers possession by persons convicted of crimes punishable by 1+ year, fugitives, persons with certain mental-health adjudications, and others. § 393(1-B) covers possession by persons convicted of listed domestic-violence offences (5-year prohibition, renewable on re-conviction). Sale/transfer to a prohibited person (15 M.R.S. § 394) is a Class C crime. Other weapons provisions were not tiered.

Statute
15 M.R.S. § 393
Official source
Justia mirror of 15 M.R.S. § 393 (non-official mirror) + FindLaw mirror
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, weapon type, location, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Traffic & transport

DUI / drink driving Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

OUI — 1st offence (Class D) (§ 2411(5)(A)) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$500–$2,000 ($600 minimum if test refused)

No mandatory jail unless aggravators: 48 hours minimum if BAC 0.15+, 30+ mph over the limit, eluding, or passenger under 21; 96 hours minimum if test refused. Licence suspension 150 days.

OUI — 2nd offence, 1 prior in 10 years (Class D) (§ 2411(5)(B)) Possibly — unconfirmed

Imprisonment
7 days–364 days
Fine
$700–$2,000 ($900 minimum if test refused)

12 days minimum if test refused. Licence suspension 3 years.

OUI — 3rd offence, 2 priors in 10 years (Class C) (§ 2411(5)(C)) Possibly — unconfirmed

Imprisonment
30 days–5 years
Fine
$1,100–$5,000 ($1,400 minimum if test refused)

40 days minimum if test refused. Licence suspension 6 years.

OUI — 4th+ offence, 3+ priors in 10 years (Class C) (§ 2411(5)(D)) Possibly — unconfirmed

Imprisonment
6 months–5 years
Fine
$2,100–$5,000 ($2,500 minimum if test refused)

6 months 20 days minimum if test refused. Licence suspension 6 years.

Note on this entry

Maine calls this OUI (operating under the influence, 29-A M.R.S. § 2411). Lookback is 10 years. Fine maxima shown are the class caps (Class D $2,000; Class C $5,000); the statute states minimum fines only. The 1st and 2nd offences are Class D crimes; 3rd and 4th+ are Class C crimes. OUI with death/serious injury provisions were not tiered.

Statute
29-A M.R.S. § 2411
Official source
Maine Legislature — 29-A M.R.S. § 2411 (mainelegislature.org)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: BAC level, refusal, injury/death, plea, treatment, licence consequences. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Cyber & digital

Cybercrime / hacking Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Criminal invasion of computer privacy (Class D) (§ 432) Possibly — unconfirmed

Imprisonment
0–364 days
Fine
$0–$2,000

Intentionally accessing a computer resource without authorisation. Class grading per secondary summaries — confirm.

Aggravated criminal invasion of computer privacy (Class C) (§ 433) Possibly — unconfirmed

Imprisonment
0–5 years
Fine
$0–$5,000

Intentionally making an unauthorised copy of a program/software/information; intentionally/knowingly damaging another's computer resource; or introducing a computer virus.

Note on this entry

§ 432 text was not retrieved in session; the Class D grading is per secondary summaries (FindLaw, law-firm) and needs official re-check.

Statute
17-A M.R.S. §§ 432, 433
Official source
Maine Legislature — 17-A M.R.S. § 433 (legislature.maine.gov) + FindLaw Maine computer crimes summary (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, loss valuation, data type, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.