It may be, or it may not be.
If I say those words because I am an actor, reading the assigned lines in a play, then it’s not a death threat.
What makes the threat a criminal one is the elements described in Maine Revised Statutes Title 17-A, §210(1), and the construing case law. Specifically, the threat must reasonably instill fear that the threatened action will be carried out.
Here, Lepage reportedly said that he “…wish[ed] it were 1825. And we would have a duel, that’s how angry I am, and I would not put my gun in the air, I guarantee you, I would not be Hamilton. I would point it right between his eyes, because he is a snot-nosed little runt and he has not done a damn thing since he’s been in this Legislature to help move the state forward.”
These words don’t communicate an unequivocal intention to shoot Gattine. The sentence is in the subjunctive mood: a WISH that it were 1825 so that he had the option of dueling Gattine. This cannot, as a matter of law, sustain a conviction for criminal threats as defined in §210(1).
No, my cite explains how the statute does not apply to the governor’s words.
Interestingly enough, Lepage’s grasp of history is as fractured as his temper. Hamilton’s duel with Burr was at Weehawken, New Jersey in 1804. Maine didn’t exist at that time, of course; when it became a state in 1820 it adopted anti-dueling laws, including a $1000 fine for challenging someone to a duel or accepting a duel challenge.
Maine actually lost a sitting U.S. Representative to a duel eighteen years later, although the duel itself took place in Maryland. Maine’s Jonathan Cilley holds the distinction of being the last member of the U.S. House of Representatives to die in a duel. Cilley, a Democrat, was harshly critical of the Whigs, and aroused the ire of Rep. William Graves of Kentucky, who felt his personal honor impugned and challenged Cilley. Washington DC prohibited dueling, but Maryland did not. Cilley accepted the challenge and specified rifles at 80 yards. The duelists missed initially but a subsequent shot from Graves was fatal.
As recently as 1997, Maine still had an anti-dueling related law on the books: $100 fine for ridiculing someone who refuses a duel challenge.