MD Code, Criminal Law, Disposition Table

West's Annotated Code of Maryland Currentness

Criminal Law

DISPOSITION TABLE

Showing where the subject matter of sections repealed by Acts 2002, c. 26, eff. October 1, 2002, as affected by other 2002 legislation, can now be found in the Criminal Law Article.

Former Sections Criminal Law
Art. 27, § 2 3-503
§ 2A 1-301
§ 3 10-501
§ 4 7-202
§ 5 6-101
§ 6 6-102
§ 7 6-103
§ 8 6-104 to 6-106
§ 9 6-107
§ 9A 6-108
§ 9B 6-109, 6-110
§ 11 6-111
§ 12 3-201
§ 12A 3-203
§ 12A-1 3-202
§ 12A-2 3-204, 3-206
§ 12A-3 3-209
§ 12A-4 3-206
§ 12A-5 3-207
§ 12A-6 3-205, 3-210
§ 12A-7 3-208
§ 18 10-502
§ 19 10-502
§ 22 9-201
§ 23 9-204
§ 24 9-205
§ 25 9-202
§ 26 9-305, 9-306
§ 27 9-203
§ 27A 4-106
§ 27B 4-106
§ 27C 4-107
§ 28 6-201
§ 29 6-202
§ 30 6-203
§ 31 6-204
§ 32 6-205
§ 33 6-207
§ 34 6-208
§ 35 6-206
§ 35A 6-209
§ 35B 6-210
§ 35C 3-601
§ 35D 3-604
§ 35E 3-603
§ 36 4-101
§ 36A 4-102
§ 36A-1 4-103
§ 36B 4-202 to 4-205
§ 36D 4-206
§ 36E 4-207
§ 36F 4-201
§ 36G 4-208
§ 36H 4-209
§ 36H-1 4-301
§ 36H-2 4-302
§ 36H-3 4-303
§ 36H-4 4-304
§ 36H-5 4-305
§ 36H-6 4-306
§ 36K 4-104
§ 38 1-202
§ 39 9-204
§ 40 1-203
§ 40A 10-106
§ 40B 7-301
§ 41 10-104
§ 41A 10-105
§ 44 8-601 to 8-604
§ 45 8-605
§ 45A 8-606
§ 46 8-607
§ 47 8-608
§ 48 8-609
§ 48A 8-611
§ 55 8-610
§ 56 8-612
§ 57 8-613
§ 58 8-613
§ 59 10-602 to 10-608
§ 59A 10-611
§ 60 10-612
§ 60A 10-610
§ 60B 10-613
§ 61 10-620
§ 62 10-601
§ 63 10-609
§ 64 10-622
§ 65 10-622
§ 66 10-622
§ 67 10-615
§ 67A 10-616
§ 67B 10-617
§ 68 10-617
§ 69 10-618
§ 70D 10-621
§ 70E 10-619
§ 80 7-114
§ 81 10-701
§ 82 10-703
§ 83 10-704
§ 84 10-702
§ 85 10-703, 10-704
§ 86 10-705
§ 87 10-706
§ 111 6-301
§ 111B 6-302
§ 118 6-305
§ 120A 7-201
§ 121 10-201
§ 122 10-202
§ 123 3-803
§ 124 3-802
§ 125 1/2 10-203
§ 125A 9-601
§ 126 8-701
§ 127 8-702
§ 132 7-113
§ 135 8-405
§ 136 9-401
§ 137 9-404
§ 137A 9-405
§ 138 9-410 to 9-417
§ 139 9-406, 9-407
§ 139A 4-501
§ 139B 4-502
§ 139C 4-503
§ 139D 4-503
§ 140 8-101, 8-102
§ 141 8-103
§ 142 8-104
§ 143 8-106, 8-107
§ 144 8-105
§ 145 8-201 to 8-209
§ 146 7-302
§ 150 9-501, 9-502
§ 150A 9-507
§ 151 9-503
§ 151A 9-504
§ 151B 9-506
§ 151C 9-505
§ 156 9-604
§ 156A 9-607, 9-609
§ 156B 9-608
§ 156C 9-609
§ 156D 9-610
§ 156E 9-611
§ 163 8-406
§ 173 8-401
§ 174 8-402
§ 191A 8-505
§ 192 6-304
§ 194 6-303
§ 194A 7-313 to 7-318
§ 194B 7-303
§ 199 8-522
§ 200 8-903
§ 206 7-205
§ 207 8-407
§ 208 8-408
§ 211 8-901
§ 214 8-403
§ 214B 8-521
§ 215 7-115
§ 229 7-116
§ 230 8-902
§ 230A 8-501 to 8-504
§ 230B 8-508
§ 230C 8-509
§ 230D 8-510 to 8-512
§ 230E 8-513
§ 230F 8-514, 8-515
§ 230G 8-517
§ 230H 8-516
§ 231 8-301
§ 233A 8-520
§ 233B 8-904
§ 233C 8-905
§ 233D 8-404
§ 233E 8-302
§ 236 12-106
§ 237 12-104
§ 238 12-101
§ 239 12-104
§ 240 12-102
§ 240A 12-109
§ 241 12-104
§ 242 12-104
§ 243 12-110
§ 244 12-101
§ 245 12-103
§ 246 12-113
§ 246A 12-105
§ 247 13-407, 13-1705, 13-2005, 13-2202
§ 248 13-405
§ 248A 13-907, 13-908
§ 249 13-1306
§ 250 13-1602
§ 251 13-2103 to 13-2110,
§ 251A 13-2606 to 13-2616
§ 251B 13-2619 to 13-2628
§ 251C 13-2001 to 13-2004, 13-2006
§ 252 13-606
§ 253 13-1701 to 13-1704, 13-1706
§ 253A 13-1101 to 13-1115,
§ 254 13-1501, 13-1503 to 13-1512
§ 255 13-201 to 13-205, 13-301, 13-401 to 13-404, 13-408, 13-602 to 13-604, 13-607, 13-702 to 13-704, 13-801, 13-902, 13-1202, 13-1303, 13-1401, 13-1601, 13-1603, 13-1604, 13-1902, 13-2101, 13-2102, 13-2111 to 13-2115, 13-2201, 13-2301, 13-2403, 13-2404
§ 255A 13-203 to 13-207
§ 255B 13-1801, 13-1803 to 13-1815,
§ 255C 13-2401, 13-2414 to 13-2437
§ 256 13-2502 to 13-2504, 13-2506 to 13-2508
§ 256A 13-2505
§ 257 13-501, 13-503 to 13-505, 13-510
§ 258 13-903 to 13-906, 13-909
§ 258A 13-1301, 13-1304, 13-1305, 13-1307
§ 258B 13-1901, 13-1903 to 13-1912,
§ 259 13-2407 to 13-2411
§ 259A 13-705 to 13-709
§ 260 13-507, 13-509
§ 260A 13-508
§ 261 13-1001, 13-1003 to 13-1005
§ 261C 13-506
§ 261C-1 13-406, 13-605
§ 261D 12-101, 12-106
§ 261E 12-101, 12-108
§ 263 12-111
§ 264A 12-107
§ 264B 12-301 to 12-306
§ 264C 12-307
§ 265 10-401, 10-402
§ 267 10-404
§ 267A 10-403
§ 268E 9-401
§ 268F 9-402
§ 268G 9-403
§ 268H 3-607
§ 276 5-102
§ 277 1-101, 5-101, 5-401, 5-404, 5-604
§ 278 5-202
§ 279 5-402 to 5-406
§ 280 5-203, 5-204
§ 281 5-301, 5-303 to 5-305
§ 281A 5-621
§ 282 5-307 to 5-310
§ 283 5-306
§ 284 5-303
§ 285 5-501 to 5-505
§ 286 5-602 to 5-609, 5-612, 5-613
§ 286A 5-614
§ 286B 5-617
§ 286C 5-628
§ 286D 5-627
§ 286E 5-628
§ 287 5-101, 5-601, 5-620
§ 287A 5-619
§ 287B 5-618
§ 287C 5-624
§ 288 5-902, 5-904
§ 289 5-903, 5-904
§ 291 5-907
§ 291A 5-622
§ 293 5-905
§ 294 5-804, 5-805
§ 295 5-806
§ 296 5-201
§ 297B 5-623
§ 297C 5-1001
§ 297D 5-1002
§ 298 5-801, 5-802, 5-807 to 5-809, 5-901
§ 298A 5-810
§ 299 5-803
§ 300 5-701 to 5-704
§ 301 5-708
§ 301A 5-709
§ 302 5-203
§ 303
§ 304 5-710
§ 305 5-705
§ 322 10-102
§ 323 10-103
§ 334 10-109
§ 335 3-323
§ 335A 11-107
§ 336B 7-204
§ 337 3-502
§ 338 3-503
§ 340 7-101 to 7-104
§ 341 7-102, 7-109
§ 342 7-104
§ 342A 7-105
§ 343 7-110
§ 344 7-107, 7-108
§ 345 7-106
§ 348A 3-405
§ 349 7-203
§ 353 3-806
§ 354 3-905
§ 356 12-201
§ 357 12-201, 12-203
§ 358 12-203
§ 359 12-201, 12-203
§ 360 12-201, 12-204
§ 361 12-204
§ 362 12-201, 12-205
§ 363 12-206
§ 364 12-207
§ 365 12-209
§ 366 12-210
§ 367 12-202, 12-203
§ 368 12-208
§ 369 12-212
§ 370 12-212
§ 371A 12-202
§ 372 1-101, 4-401
§ 373 4-404
§ 374 4-405
§ 375 4-405
§ 376 4-402
§ 377 4-402
§ 378 4-403
§ 379 4-403
§ 380 4-402
§ 382 4-406
§ 383 4-407
§ 387 2-207
§ 387A 2-207
§ 388 2-209
§ 388A 2-501 to 2-508
§ 388B 3-211, 3-212
§ 388C 2-101, 3-211
§ 389 6-306, 6-307
§ 400 10-118
§ 400A 10-119
§ 400B 10-120
§ 401 10-121
§ 401A 10-122
§ 401B 10-123
§ 402 10-124
§ 403 10-124
§ 403A 10-125
§ 404 10-101, 10-107
§ 405 10-107
§ 406 10-108
§ 407 2-201
§ 408 2-201
§ 409 2-201
§ 410 2-201
§ 411 2-204
§ 411A 2-205, 2-206
§ 412 2-101, 2-201 to 2-204, 2-301, 2-302
§ 413 2-303 to 2-305
§ 413A 2-303
§ 414 2-401
§ 414A 2-303
§ 415 2-102
§ 416 3-101 to 3-104
§ 416A 1-101, 11-101
§ 416B 11-102
§ 416C 11-103
§ 416D 11-105
§ 416E 11-104
§ 416F 11-106
§ 416G 11-102 to 11-105
§ 417 1-101, 11-201
§ 418 11-202
§ 418A 11-202
§ 418B 11-204
§ 419 11-203
§ 419A 1-101, 11-207
§ 419B 11-208
§ 420 11-209
§ 421 11-205
§ 422 11-206
§ 423 11-210
§ 424 11-202 to 11-206, 11-209
§ 425 11-211
§ 426 11-301
§ 427 11-302
§ 428 11-303
§ 429 11-304
§ 430 11-305
§ 431 11-306
§ 435 9-101
§ 436 9-103
§ 437 9-101
§ 438 9-102
§ 439 9-101, 9-102
§ 450 3-213
§ 451 3-214
§ 453 6-501
§ 453A 6-502
§ 455 6-503
§ 456 6-504
§ 458 6-505
§ 460 6-506
§ 461 3-301
§ 461A 3-319
§ 461B 3-320
§ 461C 3-317
§ 462 3-303
§ 463 3-304
§ 464 3-305
§ 464A 3-306
§ 464B 3-307
§ 464C 3-308
§ 464D 3-318
§ 464E 3-302
§ 464F 3-309 to 3-312
§ 464G 3-314
§ 465 3-316
§ 467A 7-306 to 7-310
§ 468 10-110
§ 470A 10-301 to 10-306
§ 486 3-401, 3-402
§ 487 3-403
§ 488 3-404
§ 535 9-701
§ 536 9-702
§ 537 9-703
§ 538 9-704
§ 539 9-705, 9-706
§ 540 9-707
§ 541 9-708
§ 553 3-321
§ 554 3-322
§ 555A 3-804
§ 555B 9-602
§ 555C 3-805
§ 556 3-906
§ 557A 8-210
§ 557B 9-603
§ 561 3-706
§ 561A 3-708
§ 562 3-705
§ 562A 3-707
§ 562B 3-701
§ 562C 3-702
§ 562D 3-703
§ 563 3-704
§ 576 6-401, 6-404 to 6-406
§ 577 6-402 to 6-408
§ 577B 10-204
§ 578 6-409, 6-410
§ 579 3-901
§ 579A 3-903
§ 579B 3-902
§ 580A 3-904
§ 583 3-907
§ 610 12-112, 12-211
§ 612 1-401
§ 616 2-208
§ 626 14-103
§ 627 2-303
§ 643 14-102
§ 643B 14-101
§ 644A 1-201
§ 760 9-301
§ 761 9-302
§ 762 9-303
§ 763 9-304
CL § 11-904 10-614
§ 14-1401 8-213
§ 14-1402 8-214
§ 14-1403 8-215
§ 14-1404 8-216
§ 14-1405 8-217

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 1-101

Formerly cited as MD CODE Art. 27, § 277; MD CODE Art. 27, § 372; MD CODE Art. 27, § 416A; MD CODE Art. 27, § 417; MD CODE Art. 27, § 419A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 1. General Provisions

Subtitle 1. Definitions

§ 1-101. Definitions

In general

(a) In this article the following words have the meanings indicated.

Correctional facility

(b) “Correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.

Counterfeit

County

(d) “County” means a county of the State or Baltimore City.

Inmate

(e) “Inmate” has the meaning stated in § 1-101 of the Correctional Services Article.

Local correctional facility

(f) “Local correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.

Minor

(g) “Minor” means an individual under the age of 18 years.

Person

(h) “Person” means an individual, sole proprietorship, partnership, firm, association, corporation, or other entity.

State

(i) “State” means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

State correctional facility

(j) “State correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 56, § 1, eff. Oct. 1, 2003; Acts 2003, c. 57, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, §§ 277, 372, 416A, 417, 419A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 1, Subt. 2, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 1. General Provisions

Subtitle 2. Inchoate Crimes

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 1-201

Formerly cited as MD CODE Art. 27, § 644A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 1. General Provisions

Subtitle 2. Inchoate Crimes (Refs & Annos)

§ 1-201. Limitation on punishment for attempt

The punishment of a person who is convicted of an attempt to commit a crime may not exceed the maximum punishment for the crime attempted.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 644A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 1-202

Formerly cited as MD CODE Art. 27, § 38

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 1. General Provisions

Subtitle 2. Inchoate Crimes (Refs & Annos)

§ 1-202. Conspiracy--Limitation on punishment

The punishment of a person who is convicted of conspiracy may not exceed the maximum punishment for the crime that the person conspired to commit.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 38.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 1-203

Formerly cited as MD CODE Art. 27, § 40

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 1. General Provisions

Subtitle 2. Inchoate Crimes (Refs & Annos)

§ 1-203. Conspiracy--Charging document

An indictment or warrant for conspiracy is sufficient if it substantially states:

“(name of defendant) and (name of co-conspirator) on (date) in (county) unlawfully conspired together to murder (name of victim) (or other object of conspiracy), against the peace, government, and dignity of the State.”.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 1-301

Formerly cited as MD CODE Art. 27, § 2A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 1. General Provisions

Subtitle 3. Accessory After the Fact

§ 1-301. Accessory after the fact

Unless otherwise provided by law, a person who is convicted of being an accessory after the fact to a felony is guilty of a felony and on conviction is subject to the lesser of:

(1) imprisonment not exceeding 5 years; or

(2) a penalty not exceeding the maximum penalty provided by law for committing the underlying felony.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 2A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 1-401

Formerly cited as MD CODE Art. 27, § 612

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 1. General Provisions

Subtitle 4. Miscellaneous Provisions

§ 1-401. Proof of intent--Fraud, theft, and related crimes

In a trial for counterfeiting, issuing, disposing of, passing, altering, stealing, embezzling, or destroying any kind of instrument, or theft by the obtaining of property by false pretenses, it is sufficient to prove that the defendant did the act charged with an intent to defraud without proving an intent by the defendant to defraud a particular person.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.

Formerly Art. 27, § 612.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-101

Formerly cited as MD CODE Art. 27, § 388C; MD CODE Art. 27, § 412

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 1. General Provisions

§ 2-101. Definitions

In general

(a) In this title the following words have the meanings indicated.

Imprisonment for life without the possibility of parole

(b) “Imprisonment for life without the possibility of parole” means imprisonment for the natural life of an inmate under the custody of a correctional facility.

Vessel

(c)(1) “Vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice.

(2) “Vessel” does not include a seaplane.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 388C, 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-102

Formerly cited as MD CODE Art. 27, § 415

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 1. General Provisions

§ 2-102. Elimination of year and a day rule

A prosecution may be instituted for murder, manslaughter, or unlawful homicide, whether at common law or under this title, regardless of the time that has elapsed between the act or omission that caused the death of the victim and the victim's death.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 415.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-103

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 1. General Provisions

§ 2-103. Viable fetuses

“Viable” defined

(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health--General Article.

Murder or manslaughter of viable fetus

(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.

Intent

(1) intended to cause the death of the viable fetus;

(2) intended to cause serious physical injury to the viable fetus; or

(3) wantonly or recklessly disregarded the likelihood that the person's actions would cause the death of or serious physical injury to the viable fetus.

Right to terminate pregnancy

(d) Nothing in this section applies to or infringes on a woman's right to terminate a pregnancy as stated in § 20-209 of the Health--General Article.

Liability of medical professionals

(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.

Act or failure to act of pregnant woman

(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.

Personhood or rights of fetus

(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.

Death penalty

(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.

CREDIT(S)

Added by Acts 2005, c. 546, § 1, eff. Oct. 1, 2005. Amended by Acts 2005, c. 25, § 13, eff. April 12, 2005.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-201

Formerly cited as MD CODE Art. 27, § 407; MD CODE Art. 27, § 408; MD CODE Art. 27, § 409; MD CODE Art. 27, § 410; MD CODE Art. 27, § 412

Effective: October 1, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-201. Murder in the first degree

In general

(a) A murder is in the first degree if it is:

(1) a deliberate, premeditated, and willful killing;

(2) committed by lying in wait;

(3) committed by poison; or

(4) committed in the perpetration of or an attempt to perpetrate:

(i) arson in the first degree;

(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:

1. is not parcel to a dwelling; and

2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;

(iii) burglary in the first, second, or third degree;

(iv) carjacking or armed carjacking;

(v) escape in the first degree from a State correctional facility or a local correctional facility;

(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;

(vii) mayhem;

(viii) rape;

(ix) robbery under § 3-402 or § 3-403 of this article;

(x) sexual offense in the first or second degree;

(xi) sodomy; or

(xii) a violation of § 4-503 of this article concerning destructive devices.

Penalty

(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:

(i) death;

(ii) imprisonment for life without the possibility of parole; or

(iii) imprisonment for life.

(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2009, c. 186, § 1, eff. Oct. 1, 2009.

Formerly Art. 27, §§ 407, 408, 409, 410, 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-202

Formerly cited as MD CODE Art. 27, § 413

Effective: October 1, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-202. Murder in the first degree--Sentence of death

Requirement for imposition

(a) A defendant found guilty of murder in the first degree may be sentenced to death only if:

(1) at least 30 days before trial, the State gave written notice to the defendant of:

(i) the State's intention to seek a sentence of death; and

(ii) each aggravating circumstance on which the State intends to rely;

(2)(i) with respect to § 2-303(g) of this title, except for § 2-303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or

(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:

1. a principal in the first degree; or

2. a principal in the second degree who:

A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;

B. was a major participant in the murder; and

C. was actually present at the time and place of the murder;

(3) the State presents the court or jury with:

(i) biological evidence or DNA evidence that links the defendant to the act of murder;

(ii) a video taped, voluntary interrogation and confession of the defendant to the murder; or

(iii) a video recording that conclusively links the defendant to the murder; and

(4) the sentence of death is imposed in accordance with § 2-303 of this title.

Limitations

(b)(1) In this subsection, a defendant is “mentally retarded” if:

(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and

(ii) the mental retardation was manifested before the age of 22 years.

(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:

(i) was under the age of 18 years at the time of the murder; or

(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.

Eyewitness evidence

(c) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the State relies solely on evidence provided by eyewitnesses.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2009, c. 186, § 1, eff. Oct. 1, 2009.

Formerly Art. 27, § 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-203

Formerly cited as MD CODE Art. 27, § 412

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-203. Murder in the first degree--Sentence of imprisonment for life without the possibility of parole

A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:

(1) at least 30 days before trial, the State gave written notice to the defendant of the State's intention to seek a sentence of imprisonment for life without the possibility of parole; and

(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-204

Formerly cited as MD CODE Art. 27, § 411

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-204. Murder in the second degree

In general

(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.

Penalty

(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 411, 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-205

Formerly cited as MD CODE Art. 27, § 411A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-205. Attempt to commit murder in the first degree

A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 411A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-206

Formerly cited as MD CODE Art. 27, § 411A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-206. Attempt to commit murder in the second degree

A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 411A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-207

Formerly cited as MD CODE Art. 27, § 387; MD CODE Art. 27, § 387A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-207. Manslaughter

Penalty

(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:

(1) imprisonment not exceeding 10 years; or

(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.

Spousal adultery not a mitigating factor

(b) The discovery of one's spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 387, 387A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-208

Formerly cited as MD CODE Art. 27, § 616

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-208. Murder and manslaughter--Charging document

Contents

(a) An indictment for murder or manslaughter is sufficient if it substantially states:

“(name of defendant) on (date) in (county) feloniously (willfully and with deliberately premeditated malice) killed (and murdered) (name of victim) against the peace, government, and dignity of the State.”.

Manner or means of death

(b) An indictment for murder or manslaughter, or for being an accessory to murder or manslaughter, need not set forth the manner or means of death.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 616.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-209

Formerly cited as MD CODE Art. 27, § 388

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-209. Manslaughter by vehicle or vessel

“Vehicle” defined

(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.

Prohibited

(b) A person may not cause the death of another as a result of the person's driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.

Name of crime

Penalty

(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

Charging document

(e)(1) An indictment or other charging document for manslaughter by vehicle or vessel is sufficient if it substantially states:

“(name of defendant) on (date) in (county) killed (name of victim) in a grossly negligent manner against the peace, government, and dignity of the State.”.

(2) An indictment or other charging document for manslaughter by vehicle or vessel need not set forth the manner or means of death.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 388.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-210

Effective: October 1, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 2. Murder and Manslaughter

§ 2-210. Causing death of another by operation of vehicle or vessel in criminally negligent manner

Vehicle defined

(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.

Vehicles or vessels operated in criminally negligent manner

(b) A person may not cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.

Criminally negligent actions related to result or circumstance

(c) For purposes of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:

(1) the person should be aware, but fails to perceive, that the person's conduct creates a substantial and unjustifiable risk that such a result will occur; and

(2) the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.

Application of section

(d) It is not a violation of this section for a person to cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a negligent manner.

Violation of section criminally negligent manslaughter

(e) A violation of this section is criminally negligent manslaughter by vehicle or vessel.

Misdemeanor violation

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2011, c. 334, § 1, eff. Oct. 1, 2011.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-301

Formerly cited as MD CODE Art. 27, § 412

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 3. Murder; Trial and Sentencing

§ 2-301. Intent to seek death penalty--Notice to Court of Appeals

Notice required

(a) The State's Attorney shall file with the Clerk of the Court of Appeals a copy of each:

(1) notice of intent to seek a sentence of death; and

(2) withdrawal of notice of intent to seek a sentence of death.

Effect of failure to notify

(b) The failure of a State's Attorney to give timely notice to the Clerk of the Court of Appeals under subsection (a)(1) of this section does not affect the validity of a notice of intent to seek a sentence of death that is served on the defendant in a timely manner.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-302

Formerly cited as MD CODE Art. 27, § 412

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 3. Murder; Trial and Sentencing

§ 2-302. Verdict

When a court or jury finds a person guilty of murder, the court or jury shall state in the verdict whether the person is guilty of murder in the first degree or murder in the second degree.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 412.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-303

Formerly cited as MD CODE Art. 27, § 413; MD CODE Art. 27, § 413A; MD CODE Art. 27, § 414A; MD CODE Art. 27, § 627

Effective: April 10, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 3. Murder; Trial and Sentencing

§ 2-303. First degree murder--Sentencing procedure--Death penalty

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Correctional facility” has the meaning stated in § 1-101 of this article.

(ii) “Correctional facility” includes:

1. an institution for the confinement or detention of juveniles charged with or adjudicated as being delinquent; and

2. a hospital in which a person is confined under an order of a court exercising criminal jurisdiction.

(3)(i) “Law enforcement officer” means a law enforcement officer as defined under the Law Enforcement Officers' Bill of Rights, [FN1]§ 3-101 of the Public Safety Article.

(ii) “Law enforcement officer” includes:

1. a law enforcement officer of a jurisdiction outside of the State;

2. an officer serving in a probationary status;

3. a parole and probation officer; and

4. a law enforcement officer while privately employed as a security officer or special police officer under Title 3, Subtitle 3 of the Public Safety Article if the law enforcement officer is wearing the uniform worn while acting in an official capacity or is displaying prominently the officer's official badge or other insignia of office.

Imposition of death penalty--Sentencing proceeding

(b) If the State gave notice under § 2-202(a)(1) of this title, a separate sentencing proceeding shall be held as soon as practicable after a defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to death.

Imposition of death penalty--Determination by court or jury

(1) before the jury that determined the defendant's guilt;

(2) before a jury impaneled for purposes of the proceeding if:

(i) the defendant was convicted based on a guilty plea;

(ii) the defendant was convicted after a trial by a court sitting without a jury;

(iii) the court, for good cause, discharged the jury that convicted the defendant; or

(iv) a court of competent jurisdiction remanded the case for resentencing following a review of the original sentence of death; or

(3) before the court, if the defendant waives a jury sentencing proceeding.

Jury composition--Alternate jurors

(d)(1) A judge shall appoint at least two alternate jurors when impaneling a jury for any proceeding:

(i) in which the defendant is being tried for a crime for which the death penalty may be imposed; or

(ii) that is held under this section.

(2) The alternate jurors shall be retained throughout the proceedings under any restrictions that the judge imposes.

(3) Subject to paragraph (4) of this subsection, if a juror dies, is disqualified, becomes incapacitated, or is discharged for any other reason before the jury begins its deliberations on sentencing, an alternate juror becomes a juror in the order selected, and serves in all respects as a juror selected on the regular trial panel.

(4) An alternate juror may not replace a juror who is discharged during the actual deliberations of the jury on the guilt or innocence of the defendant or on sentencing.

Evidence; opportunity for arguments

(e)(1) The following type of evidence is admissible in a sentencing proceeding:

(i) evidence relating to a mitigating circumstance that is listed under subsection (h) of this section;

(ii) evidence relating to an aggravating circumstance:

1. that is listed under subsection (g) of this section; and

2. of which the State provided notice under § 2-202(a)(1)(ii) of this title;

(iii) evidence of a prior criminal conviction, guilty plea, plea of nolo contendere, or the absence of any prior convictions or pleas, to the same extent that the evidence would be admissible in other sentencing procedures;

(iv) subject to paragraph (2) of this subsection, any presentence investigation report; and

(v) any other evidence the court finds to have probative value and relevance to sentencing, if the defendant has a fair opportunity to rebut any statement.

(2) A recommendation in a presentence investigation report as to a sentence is not admissible in a sentencing proceeding.

(3) The State and the defendant or counsel for the defendant may present argument for or against the sentence of death.

Jury instructions

(f)(1) After the evidence is presented to the jury in the sentencing proceeding, the court shall:

(i) give any appropriate instructions allowed by law; and

(ii) instruct the jury as to:

1. the findings that the jury must make to determine whether the defendant shall be sentenced to death, imprisonment for life without the possibility of parole, or imprisonment for life; and

2. the burden of proof applicable to the findings under subsection (g)(2) or (i)(1) and (2) of this section.

(2) The court may not instruct the jury that the jury is to assume that a sentence of life imprisonment is for the natural life of the defendant.

Consideration of aggravating circumstances

(g)(1) In determining a sentence under subsection (b) of this section, the court or jury first shall consider whether any of the following aggravating circumstances exists beyond a reasonable doubt:

(i) one or more persons committed the murder of a law enforcement officer while the officer was performing the officer's duties;

(ii) the defendant committed the murder while confined in a correctional facility;

(iii) the defendant committed the murder in furtherance of an escape from, an attempt to escape from, or an attempt to evade lawful arrest, custody, or detention by:

1. a guard or officer of a correctional facility; or

2. a law enforcement officer;

(iv) the victim was taken or attempted to be taken in the course of an abduction, kidnapping, or an attempt to abduct or kidnap;

(v) the victim was a child abducted in violation of § 3-503(a)(1) of this article;

(vi) the defendant committed the murder under an agreement or contract for remuneration or promise of remuneration to commit the murder;

(vii) the defendant employed or engaged another to commit the murder and the murder was committed under an agreement or contract for remuneration or promise of remuneration;

(viii) the defendant committed the murder while under a sentence of death or imprisonment for life;

(ix) the defendant committed more than one murder in the first degree arising out of the same incident; or

(x) the defendant committed the murder while committing, or attempting to commit:

1. arson in the first degree;

2. carjacking or armed carjacking;

3. rape in the first degree;

4. robbery under § 3-402 or § 3-403 of this article; or

5. sexual offense in the first degree.

(2) If the court or jury does not find that one or more of the aggravating circumstances exist beyond a reasonable doubt:

(i) it shall state that conclusion in writing; and

(ii) a death sentence may not be imposed.

Consideration of mitigating circumstances

(h)(1) In this subsection, “crime of violence” means:

(i) abduction;

(ii) arson in the first degree;

(iii) carjacking or armed carjacking;

(iv) escape in the first degree;

(v) kidnapping;

(vi) mayhem;

(vii) murder;

(viii) rape in the first or second degree;

(ix) robbery under § 3-402 or § 3-403 of this article;

(x) sexual offense in the first or second degree;

(xi) manslaughter other than involuntary manslaughter;

(xii) an attempt to commit any crime listed in items (i) through (xi) of this paragraph; or

(xiii) the use of a handgun in the commission of a felony or other crime of violence.

(2) If the court or jury finds beyond a reasonable doubt that one or more of the aggravating circumstances under subsection (g) of this section exists, it then shall consider whether any of the following mitigating circumstances exists based on a preponderance of the evidence:

(i) the defendant previously has not:

1. been found guilty of a crime of violence;

2. entered a guilty plea or a plea of nolo contendere to a charge of a crime of violence; or

3. received probation before judgment for a crime of violence;

(ii) the victim was a participant in the conduct of the defendant or consented to the act that caused the victim's death;

(iii) the defendant acted under substantial duress, domination, or provocation of another, but not so substantial as to constitute a complete defense to the prosecution;

(iv) the murder was committed while the capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform that conduct to the requirements of law was substantially impaired due to emotional disturbance, mental disorder, or mental incapacity;

(v) the defendant was of a youthful age at the time of the murder;

(vi) the act of the defendant was not the sole proximate cause of the victim's death;

(vii) it is unlikely that the defendant will engage in further criminal activity that would be a continuing threat to society; or

(viii) any other fact that the court or jury specifically sets forth in writing as a mitigating circumstance in the case.

Findings; documentation of decision

(i)(1) If the court or jury finds that one or more of the mitigating circumstances under subsection (h) of this section exists, it shall determine by a preponderance of the evidence whether the aggravating circumstances under subsection (g) of this section outweigh the mitigating circumstances.

(2) If the court or jury finds that the aggravating circumstances:

(i) outweigh the mitigating circumstances, a death sentence shall be imposed; or

(ii) do not outweigh the mitigating circumstances, a death sentence may not be imposed.

(3) If the determination is by a jury, a decision to impose a death sentence must be unanimous and shall be signed by the jury foreperson.

(4) A court or jury shall put its determination in writing and shall state specifically:

(i) each aggravating circumstance found;

(ii) each mitigating circumstance found;

(iii) whether any aggravating circumstances found under subsection (g) of this section outweigh the mitigating circumstances found under subsection (h) of this section;

(iv) whether the aggravating circumstances found under subsection (g) of this section do not outweigh the mitigating circumstances found under subsection (h) of this section; and

(v) the sentence determined under subsection (g)(2) of this section or paragraphs (1) and (2) of this subsection.

Sentencing

(j)(1) If a jury determines that a death sentence shall be imposed under the provisions of this section, the court shall impose a death sentence.

(2) If, within a reasonable time, the jury is unable to agree as to whether a death sentence shall be imposed, the court may not impose a death sentence.

(3) If the sentencing proceeding is conducted before a court without a jury, the court shall determine whether a death sentence shall be imposed under the provisions of this section.

(4) If the court or jury determines that a death sentence may not be imposed and the State gave notice under § 2-203(1) of this title, a determination shall be made concerning imprisonment for life without the possibility of parole under § 2-304 of this subtitle.

(5) If the court or jury determines that a death sentence may not be imposed and if the State did not give notice under § 2-203(1) of this title, the court shall impose a sentence of imprisonment for life.

Certification of proceedings

(k)(1) Immediately after the imposition of a death sentence:

(i) the clerk of the court in which sentence is imposed, if different from the court where the indictment or information was filed, shall certify the proceedings to the clerk of the court where the indictment or information was filed; and

(ii) the clerk of the court where the indictment or information was filed shall copy the docket entries in the inmate's case, sign the copies, and deliver them to the Governor.

(2) The docket entries shall show fully the sentence of the court and the date that the sentence was entered.

Method of imposing death sentence

(l) If the defendant is sentenced to death, the court before which the defendant is tried and convicted shall sentence the defendant to death by intravenous administration of a lethal quantity of an ultrashort-acting barbiturate or other similar drug in combination with a chemical paralytic agent.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2012, c. 66, § 1, eff. April 10, 2012.

Formerly Art. 27, §§ 413, 413A, 414A, 627.

[FN1] Public Safety, § 3-101 et seq.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-304

Formerly cited as MD CODE Art. 27, § 413

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 3. Murder; Trial and Sentencing

§ 2-304. First degree murder--Sentencing procedure imprisonment for life without the possibility of parole

In general

(a)(1) If the State gave notice under § 2-203(1) of this title, but did not give notice of intent to seek the death penalty under § 2-202(a)(1) of this title, the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.

(2) If the State gave notice under both §§ 2-202(a)(1) and 2-203(1) of this title, but the court or jury determines that the death sentence may not be imposed, that court or jury shall determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.

Findings

(b)(1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous.

(2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole.

(3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 413.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-305

Formerly cited as MD CODE Art. 27, § 413

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 3. Murder; Trial and Sentencing

§ 2-305. Rules governing sentencing proceedings

The Court of Appeals may adopt:

(1) rules of procedure to govern the conduct of sentencing proceedings under §§ 2-303 and 2-304 of this subtitle; and

(2) forms for a court or jury to use in making written findings and sentence determinations.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 413.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-401

Formerly cited as MD CODE Art. 27, § 414

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 4. Review by Court of Appeals

§ 2-401. Procedure--Automatic review

In general

(a)(1) After a death sentence is imposed and the judgment becomes final, the Court of Appeals shall review the sentence on the record.

(2) The Court of Appeals shall consolidate an appeal from the verdict with the sentence review.

Trial court record

(b) The clerk of the trial court shall send to the Clerk of the Court of Appeals:

(1) the entire record and the transcript of the sentencing proceeding within 10 days after receiving the transcript;

(2) the determination and written findings of the court or jury; and

(3) a report of the trial court that:

(i) is in the form of a standard questionnaire supplied by the Court of Appeals; and

(ii) includes a recommendation by the trial court as to whether the death sentence is justified.

Briefs; oral arguments

(c) The defendant and the State may submit briefs and present oral arguments to the Court of Appeals within the time allowed by the Court.

Consideration by Court of Appeals

(d)(1) In addition to any error properly before the Court on appeal, the Court of Appeals shall consider the imposition of the death sentence.

(2) With regard to the death sentence, the Court of Appeals shall determine whether:

(i) the imposition of the death sentence was influenced by passion, prejudice, or any other arbitrary factor;

(ii) the evidence supports the finding by the court or jury of a statutory aggravating circumstance under § 2-303(g) of this title; and

(iii) the evidence supports a finding by the court or jury that the aggravating circumstances outweigh the mitigating circumstances under § 2-303(h) and (i)(1) of this title.

(3) In addition to its review under any direct appeal, with regard to the death sentence, the Court of Appeals shall:

(i) affirm the death sentence;

(ii) set the death sentence aside and remand the case for a new sentencing proceeding under § 2-303 of this title; or

(iii) set the death sentence aside and remand the case for modification of the sentence to imprisonment for life.

Rules

(e) The Court of Appeals may adopt rules of procedure for the expedited review of death sentences under this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004.

Formerly Art. 27, § 414.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 2, Subt. 5, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-501

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-501. “Under the influence of alcohol per se” defined

In this subtitle, “under the influence of alcohol per se” means an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-502

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-502. Conversion of alcohol concentration measurement; presumptions and evidentiary rules

Alcohol concentration measurement

(a) For purposes of determining alcohol concentration under this subtitle, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.

Presumptions and evidentiary rules

(b) The presumptions and evidentiary rules of §§ 10-302, 10-306, 10-307, and 10-308 of the Courts Article apply to a person charged under this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-503

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se

Prohibited

(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while:

(1) under the influence of alcohol; or

(2) under the influence of alcohol per se.

Name of crime

(b) A violation of this section is:

(1) homicide by motor vehicle or vessel while under the influence of alcohol; or

(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 420, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-504

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol

Prohibited

(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.

Name of crime

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 420, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-505

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs

Prohibited

(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.

Name of crime

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Prohibited defense

(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 420, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-506

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance

Prohibited

(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.

Name of crime

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Exception

(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 420, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-507

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-507. Charging documents

Contents

(a) An indictment, information, or other charging document for a crime under this subtitle is sufficient if it substantially states:

(1) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol by killing (name of victim) against the peace, government, and dignity of the State.”;

(2) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol per se by killing (name of victim) against the peace, government, and dignity of the State.”;

(3) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by alcohol by killing (name of victim) against the peace, government, and dignity of the State.”;

(4) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by drugs by killing (name of victim) against the peace, government, and dignity of the State.”; or

(5) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by a controlled dangerous substance by killing (name of victim) against the peace, government, and dignity of the State.”.

Manner or means of death

(b) An indictment, information, or other charging document for a crime under this subtitle need not set forth the manner or means of death.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 44, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 2-508

Formerly cited as MD CODE Art. 27, § 388A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 2. Homicide

Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence (Refs & Annos)

§ 2-508. Notification of Motor Vehicle Administration

The clerk of the court shall notify the Motor Vehicle Administration of each person convicted under this subtitle of a crime involving a motor vehicle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 388A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 3, Subt. 1, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 3. Other Crimes Against the Person

Subtitle 1. Assisted Suicide

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-101

Formerly cited as MD CODE Art. 27, § 416

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 1. Assisted Suicide (Refs & Annos)

§ 3-101. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Licensed health care professional

(b) “Licensed health care professional” means a duly licensed or certified:

(1) physician;

(2) surgeon;

(3) podiatrist;

(4) osteopath;

(5) osteopathic physician;

(6) osteopathic surgeon;

(7) physician assistant;

(8) registered nurse;

(9) licensed practical nurse;

(10) nurse practitioner;

(11) dentist;

(12) pharmacist; or

(13) emergency medical services provider, in accordance with § 13-516 of the Education Article.

Suicide

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 416.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-102

Formerly cited as MD CODE Art. 27, § 416

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 1. Assisted Suicide (Refs & Annos)

§ 3-102. Assisting another to commit or attempt suicide

With the purpose of assisting another individual to commit or attempt to commit suicide, an individual may not:

(1) by coercion, duress, or deception, knowingly cause another individual to commit suicide or attempt to commit suicide;

(2) knowingly provide the physical means by which another individual commits or attempts to commit suicide with knowledge of that individual's intent to use the physical means to commit suicide; or

(3) knowingly participate in a physical act by which another individual commits or attempts to commit suicide.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 416.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-103

Formerly cited as MD CODE Art. 27, § 416

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 1. Assisted Suicide (Refs & Annos)

§ 3-103. Exceptions

Palliative care--Pain relief

(a) A licensed health care professional does not violate § 3-102 of this subtitle by administering or prescribing a procedure or administering, prescribing, or dispensing a medication to relieve pain, even if the medication or procedure may hasten death or increase the risk of death, unless the licensed health care professional knowingly administers or prescribes the procedure or administers, prescribes, or dispenses the medication to cause death.

Life-sustaining procedures

(b) A licensed health care professional does not violate § 3-102 of this subtitle by withholding or withdrawing a medically administered life-sustaining procedure:

(1) in compliance with Title 5, Subtitle 6 of the Health--General Article; or

(2) in accordance with reasonable medical practice.

Family caregiver

(c)(1) Unless the family member knowingly administers a procedure or administers or dispenses a medication to cause death, a family member does not violate § 3-102 of this subtitle if the family member:

(i) is a caregiver for a patient enrolled in a licensed hospice program; and

(ii) administers the procedure or administers or dispenses the medication to relieve pain under the supervision of a health care professional.

(2) Paragraph (1) of this subsection applies even if the medication or procedure hastens death or increases the risk of death.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 416.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-104

Formerly cited as MD CODE Art. 27, § 416

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 1. Assisted Suicide (Refs & Annos)

§ 3-104. Penalty

An individual who violates this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 416.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-201

Formerly cited as MD CODE Art. 27, § 12

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-201. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Assault

(b) “Assault” means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings.

Law enforcement officer

(c)(1) “Law enforcement officer” has the meaning stated in § 3-101(e)(1) of the Public Safety Article without application of § 3-101(e)(2).

(2) “Law enforcement officer” includes:

(i) a correctional officer at a correctional facility; and

(ii) an officer employed by the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, § 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified in § 10-204 of the Transportation Article.

Serious physical injury

(d) “Serious physical injury” means physical injury that:

(1) creates a substantial risk of death; or

(2) causes permanent or protracted serious:

(i) disfigurement;

(ii) loss of the function of any bodily member or organ; or

(iii) impairment of the function of any bodily member or organ.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 233, § 1, eff. July 1, 2005; Acts 2005, c. 283, § 1, eff. Oct. 1, 2005; Acts 2006, c. 305, § 1, eff. Oct. 1, 2006; Acts 2008, c. 166, § 1, eff. Oct. 1, 2008; Acts 2008, c. 167, § 1, eff. Oct. 1, 2008; Acts 2010, c. 264, § 1, eff. Oct. 1, 2010; Acts 2010, c. 265, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 12.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-202

Formerly cited as MD CODE Art. 27, § 12A-1

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-202. Assault in the first degree

Prohibited

(a)(1) A person may not intentionally cause or attempt to cause serious physical injury to another.

(2) A person may not commit an assault with a firearm, including:

(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;

(ii) an assault pistol, as defined in § 4-301 of this article;

(iii) a machine gun, as defined in § 4-401 of this article; and

(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

Penalty

(b) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2005, c. 283, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 12A-1.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-203

Formerly cited as MD CODE Art. 27, § 12A

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-203. Assault in the second degree

Prohibited

(a) A person may not commit an assault.

Penalty

(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

Law enforcement officers

(c)(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.

(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:

(i) a law enforcement officer engaged in the performance of the officer's official duties; or

(ii) a parole or probation agent engaged in the performance of the agent's official duties.

(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 283, § 1, eff. Oct. 1, 2005; Acts 2006, c. 305, § 1, eff. Oct. 1, 2006; Acts 2010, c. 264, § 1, eff. Oct. 1, 2010; Acts 2010, c. 265, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 12A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-204

Formerly cited as MD CODE Art. 27, § 12A-2

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-204. Reckless endangerment

Prohibited

(a) A person may not recklessly:

(1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or

(2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.

Penalty

(b) A person who violates this section is guilty of the misdemeanor of reckless endangerment and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Exceptions

(c)(1) Subsection (a)(1) of this section does not apply to conduct involving:

(i) the use of a motor vehicle, as defined in § 11-135 of the Transportation Article; or

(ii) the manufacture, production, or sale of a product or commodity.

(2) Subsection (a)(2) of this section does not apply to:

(i) a law enforcement officer or security guard in the performance of an official duty; or

(ii) an individual acting in defense of a crime of violence as defined in § 5-101 of the Public Safety Article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 44, § 1, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, § 12A-2.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-205

Formerly cited as MD CODE Art. 27, § 12A-6

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-205. Prison employee--Contact with bodily fluid

Prohibited

(a) An inmate may not maliciously cause or attempt to cause an employee of a State correctional facility, a local correctional facility, or a sheriff's office, regardless of employment capacity, to come into contact with:

(1) seminal fluid, urine, or feces; or

(2) blood, if the contact with the blood is not the result of physical injury resulting from physical body contact between the inmate and the employee.

Penalty

(b) An inmate who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

Consecutive sentence

(c) A sentence imposed under this section shall be consecutive to any sentence that the inmate was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.

Suspension of sentence prohibited

(d) A sentence imposed under this section may not be suspended.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 12A-6.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-206

Formerly cited as MD CODE Art. 27, § 12A-2; MD CODE Art. 27, § 12A-4

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-206. Charging documents--Assault and reckless endangerment

Contents--In general

(a) An indictment, information, other charging document, or warrant for a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) assaulted (name of victim) in the .......... degree or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.”.

Bill of particulars

(b) If the general form of indictment or information described in subsection (a) of this section is used to charge a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

Assault in the first degree--Lesser included crime

Reckless endangerment

(d)(1) To be found guilty of reckless endangerment under § 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.

(2) A charging document for reckless endangerment under § 3-204 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) committed reckless endangerment in violation of § 3-204 of the Criminal Law Article against the peace, government, and dignity of the State.”.

(3) If more than one individual is endangered by the conduct of the defendant, a separate charge may be brought for each individual endangered.

(4) A charging document containing a charge of reckless endangerment under § 3-204 of this subtitle may:

(i) include a count for each individual endangered by the conduct of the defendant; or

(ii) contain a single count based on the conduct of the defendant, regardless of the number of individuals endangered by the conduct of the defendant.

(5) If the general form of charging document described in paragraph (2) of this subsection is used to charge reckless endangerment under § 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 44, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 12A-2, 12A-4.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-207

Formerly cited as MD CODE Art. 27, § 12A-5

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-207. Dismissal of assault charge

Dismissal

(a) On a pretrial motion of the State, a court may dismiss a charge of assault if:

(1) the victim and the defendant agree to the dismissal; and

(2) the court considers the dismissal proper.

Payment of costs

(b) The defendant shall pay the costs that would have been incurred if the defendant had been found guilty.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 12A-5.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-208

Formerly cited as MD CODE Art. 27, § 12A-7

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-208. Evidence of serious physical injury

Expert testimony is admissible to prove, but is not required to prove, serious physical injury.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 12A-7.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-209

Formerly cited as MD CODE Art. 27, § 12A-3

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-209. Defenses

A person charged with a crime under § 3-202, § 3-203, § 3-204, or § 3-205 of this subtitle may assert any judicially recognized defense.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 12A-3.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-210

Formerly cited as MD CODE Art. 27, § 12A-6

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-210. Assault by inmate--Sentencing

In general

(a) An inmate convicted of assault under this subtitle on another inmate or on an employee of a State correctional facility, a local correctional facility, or a sheriff's office, regardless of employment capacity, shall be sentenced under this section.

Consecutive sentence

(b) A sentence imposed under this section shall be consecutive to any sentence that the inmate was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.

Suspension of sentence prohibited

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 12A-6.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-211

Formerly cited as MD CODE Art. 27, § 388B; MD CODE Art. 27, § 388C

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-211. Life-threatening injury by motor vehicle or vessel while under the influence of alcohol and related crimes

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Under the influence of alcohol per se” means having an alcohol concentration at the time of testing of at least 0.08 as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(3)(i) “Vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice.

(ii) “Vessel” does not include a seaplane.

Conversion of alcohol concentration measurement; presumptions and evidentiary rules

(b)(1) For purposes of determining alcohol concentration under this section, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.

(2) The presumptions and evidentiary rules of §§ 10-302, 10-306, 10-307, and 10-308 of the Courts Article apply to a person charged under this section.

Life-threatening injury by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se

(c)(1) A person may not cause a life-threatening injury to another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is:

(i) under the influence of alcohol; or

(ii) under the influence of alcohol per se.

(2) A violation of this subsection is life-threatening injury by motor vehicle or vessel while:

(i) under the influence of alcohol; or

(ii) under the influence of alcohol per se.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Life-threatening injury by motor vehicle or vessel while impaired by alcohol

(d)(1) A person may not cause a life-threatening injury to another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by alcohol.

(2) A violation of this subsection is life-threatening injury by motor vehicle or vessel while impaired by alcohol.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $3,000 or both.

Life-threatening injury by motor vehicle or vessel while impaired by drugs

(e)(1) A person may not cause a life-threatening injury to another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.

(2) A violation of this subsection is life-threatening injury by motor vehicle or vessel while impaired by drugs.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $3,000 or both.

Life-threatening injury by motor vehicle or vessel while impaired by a controlled dangerous substance

(f)(1) This subsection does not apply to a person who is entitled to use the controlled dangerous substance under the laws of the State.

(2) A person may not cause a life-threatening injury to another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance as defined in § 5-101 of this article.

(3) A violation of this subsection is life-threatening injury by motor vehicle or vessel while impaired by a controlled dangerous substance.

(4) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 420, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2012, c. 434, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, §§ 388B, 388C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-212

Formerly cited as MD CODE Art. 27, § 388B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-212. Life-threatening injury by motor vehicle or vessel while under the influence of alcohol and related crimes--Charging documents

Contents

(a) An indictment, information, or other charging document for a crime described in § 3-211 of this subtitle is sufficient if it substantially states:

(1) “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while under the influence of alcohol, in violation of § 3-211(c)(1)(i) of the Criminal Law Article against the peace, government, and dignity of the State.”;

(2) “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while under the influence of alcohol per se, in violation of § 3-211(c)(1)(ii) of the Criminal Law Article against the peace, government, and dignity of the State.”;

(3) “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by alcohol, in violation of § 3-211(d) of the Criminal Law Article against the peace, government, and dignity of the State.”;

(4) “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by drugs, in violation of § 3-211(e) of the Criminal Law Article against the peace, government, and dignity of the State.”; or

(5) “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by a controlled dangerous substance, in violation of § 3-211(f) of the Criminal Law Article against the peace, government, and dignity of the State.”.

Manner or means of injury

(b) An indictment, information, or other charging document for a crime described in § 3-211 of this subtitle need not set forth the manner or means of the life-threatening injury.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 44, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 388B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-213

Formerly cited as MD CODE Art. 27, § 450

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-213. Attempted poisoning

Prohibited

(a) A person may not attempt to poison another.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 2 years and not exceeding 10 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 450.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-214

Formerly cited as MD CODE Art. 27, § 451

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-214. Contaminating water supply or food or drink

Contaminating water supply

(a) A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate the water of a source or tributary of a water supply, including the waters of a well, spring, brook, lake, pond, stream, river, or reservoir by adding disease germs, bacteria, poison, or poisonous matter, if the water supply is used or is usable for drinking or domestic purposes.

Contaminating food or drink

(b) A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate any drink, food, food product, or food supply by adding disease germs, bacteria, poison, or poisonous matter.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 451.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-215

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

§ 3-215. Knowingly and willfully causing another to ingest bodily fluid

Definitions

(a) In this section, “bodily fluid” means seminal fluid, blood, urine, or feces.

Prohibited

(b) A person may not knowingly and willfully cause another to ingest bodily fluid:

(1) without consent; or

(2) by force or threat of force.

Penalty

(c) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

CREDIT(S)

Added by Acts 2004, c. 318, § 1, eff. Oct. 1, 2004.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 3, Subt. 3, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-301

Formerly cited as MD CODE Art. 27, § 461

Effective: October 1, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-301. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Mentally defective individual

(b) “Mentally defective individual” means an individual who suffers from mental retardation or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of:

(1) appraising the nature of the individual's conduct;

(2) resisting vaginal intercourse, a sexual act, or sexual contact; or

(3) communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

Mentally incapacitated individual

(c) “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual's consent or awareness, is rendered substantially incapable of:

(1) appraising the nature of the individual's conduct; or

(2) resisting vaginal intercourse, a sexual act, or sexual contact.

Physically helpless individual

(d) “Physically helpless individual” means an individual who:

(1) is unconscious; or

(2)(i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and

(ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.

Sexual act

(e)(1) “Sexual act” means any of the following acts, regardless of whether semen is emitted:

(i) analingus;

(ii) cunnilingus;

(iii) fellatio;

(iv) anal intercourse, including penetration, however slight, of the anus; or

(v) an act:

1. in which an object or part of an individual's body penetrates, however slightly, into another individual's genital opening or anus; and

2. that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.

(2) “Sexual act” does not include:

(i) vaginal intercourse; or

(ii) an act in which an object or part of an individual's body penetrates an individual's genital opening or anus for an accepted medical purpose.

Sexual contact

(f)(1) “Sexual contact”, as used in §§ 3-307, 3-308, and 3-314 of this subtitle, means an intentional touching of the victim's or actor's genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.

(2) “Sexual contact” does not include:

(i) a common expression of familial or friendly affection; or

(ii) an act for an accepted medical purpose.

Vaginal intercourse

(g)(1) “Vaginal intercourse” means genital copulation, whether or not semen is emitted.

(2) “Vaginal intercourse” includes penetration, however slight, of the vagina.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 458, § 1, eff. Oct. 1, 2007; Acts 2011, c. 195, § 1, eff. Oct. 1, 2011; Acts 2011, c. 196, § 1, eff. Oct. 1, 2011.

Formerly Art. 27, § 461.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-302

Formerly cited as MD CODE Art. 27, § 464E

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-302. Construction of subtitle

In this subtitle an undefined word or phrase that describes an element of common-law rape retains its judicially determined meaning, except to the extent it is expressly or impliedly changed in this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 464E.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-303

Formerly cited as MD CODE Art. 27, § 462

Effective: April 14, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-303. Rape in the first degree

Prohibited--In general

(a) A person may not:

(1) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; and

(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;

(iv) commit the crime while aided and abetted by another; or

(v) commit the crime in connection with a burglary in the first, second, or third degree.

Prohibited--Child kidnapping

(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.

Prohibited--Children under age 13

(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.

Penalty

(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.

(2) A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3-305 of this subtitle.

(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.

(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.

Required notice

(e) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.

Formerly Art. 27, § 462.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-304

Formerly cited as MD CODE Art. 27, § 463

Effective: April 9, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-304. Rape in the second degree

Prohibited--In general

(a) A person may not engage in vaginal intercourse with another:

(1) by force, or the threat of force, without the consent of the other;

(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

Prohibited--Children under age 13

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

(2)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.

(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.

Required notice

(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2010, c. 180, § 1, eff. Oct. 1, 2010; Acts 2010, c. 181, § 1, eff. Oct. 1, 2010; Acts 2013, c. 43, § 1, eff. April 9, 2013.

Formerly Art. 27, § 463.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-305

Formerly cited as MD CODE Art. 27, § 464

Effective: October 1, 2008

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-305. Sexual offense in the first degree

Prohibited--In general

(a) A person may not:

(1) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and

(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

(iv) commit the crime while aided and abetted by another; or

(v) commit the crime in connection with a burglary in the first, second, or third degree.

Prohibited--Child kidnapping

(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.

Prohibited--Children under age 13

(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.

Penalty

(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life.

(2) A person who violates subsection (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3-303 of this subtitle.

(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.

(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.

Required notice

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008.

Formerly Art. 27, § 464.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-306

Formerly cited as MD CODE Art. 27, § 464A

Effective: April 9, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-306. Sexual offense in the second degree

Prohibited--In general

(a) A person may not engage in a sexual act with another:

(1) by force, or the threat of force, without the consent of the other;

(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.

Prohibited--Children under age 13

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

(2)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.

(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.

Required notice

CREDIT(S)

Formerly Art. 27, § 464A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-307

Formerly cited as MD CODE Art. 27, § 464B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-307. Sexual offense in the third degree

Prohibited

(a) A person may not:

(1)(i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

Penalty

(b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 317, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, § 464B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-308

Formerly cited as MD CODE Art. 27, § 464C

Effective: October 1, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-308. Sexual offense in the fourth degree

“Person in a position of authority” defined

(a) In this section, “person in a position of authority”:

(1) means a person who:

(i) is at least 21 years old;

(ii) is employed as a full-time permanent employee by a public or private preschool, elementary school, or secondary school; and

(iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and

(2) includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.

Prohibited--In general

(b) A person may not engage in:

(1) sexual contact with another without the consent of the other;

(2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or

(3) except as provided in § 3-307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

Prohibited--Persons in a position of authority

(c)(1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.

(2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.

Penalty

(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(2)(i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of §§ 3-303 through 3-312 or § 3-315 of this subtitle or § 3-602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 217, § 1, eff. Oct. 1, 2004; Acts 2006, c. 317, § 1, eff. Oct. 1, 2006; Acts 2011, c. 192, § 1, eff. Oct. 1, 2011; Acts 2011, c. 193, § 1, eff. Oct. 1, 2011.

Formerly Art. 27, § 464C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-309

Formerly cited as MD CODE Art. 27, § 464F

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-309. Attempted rape in the first degree

Prohibited

(a) A person may not attempt to commit rape in the first degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 464F.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-310

Formerly cited as MD CODE Art. 27, § 464F

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-310. Attempted rape in the second degree

Prohibited

(a) A person may not attempt to commit rape in the second degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 464F.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-311

Formerly cited as MD CODE Art. 27, § 464F

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-311. Attempted sexual offense in the first degree

Prohibited

(a) A person may not attempt to commit a sexual offense in the first degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 464F.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-312

Formerly cited as MD CODE Art. 27, § 464F

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-312. Attempted sexual offense in the second degree

Prohibited

(a) A person may not attempt to commit a sexual offense in the second degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 464F.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-313

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-313. Subsequent sexual offenders

In general

(a) On conviction of a violation of § 3-304, § 3-306, § 3-307, § 3-310, or § 3-312 of this subtitle, a person who has been convicted on a prior occasion not arising from the same incident of any violation of §§ 3-303 through 3-306 of this subtitle is subject to imprisonment not exceeding life.

Compliance with Maryland Rules

(b) If the State intends to proceed against a person under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

CREDIT(S)

Added by Acts 2002, c. 266, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-314

Formerly cited as MD CODE Art. 27, § 464G

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-314. Sexual conduct between correctional or juvenile justice employee and inmate or confined child

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Correctional employee” means a:

1. correctional officer, as defined in § 8-201 of the Correctional Services Article; or

2. managing official or deputy managing official of a correctional facility.

(ii) “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.

(3)(i) “Inmate” has the meaning stated in § 1-101 of this article.

(ii) “Inmate” includes an individual confined in a community adult rehabilitation center.

Prohibited--Correctional employee with inmate

(b)(1) This subsection applies to:

(i) a correctional employee;

(ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility;

(iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and

(iv) any other individual working in a correctional facility, whether on a paid or volunteer basis.

(2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an inmate.

Prohibited--Juvenile Services employee with confined child

(c) A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in a child care institution licensed by the Department, a detention center for juveniles, or a facility for juveniles listed in § 9-226(b) of the Human Services Article.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

Sentencing

(e) A sentence imposed for violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under §§ 3-303 through 3-312 of this subtitle.

CREDIT(S)

Added as Criminal Law § 3-313 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-314 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Amended by Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2007, c. 458, § 1, eff. Oct. 1, 2007.

Formerly Art. 27, § 464G.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-315

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-315. Continuing course of conduct against child

In general

(a) A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307 of this subtitle over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.

Penalty

(b)(1) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(2) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3-602 of this title.

Required number of acts

(1) must determine only that the required number of acts occurred; and

(2) need not determine which acts constitute the required number of acts.

Merger of offenses

(d)(1) A person may not be charged with a violation of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.

(2) A person may not be charged with a violation of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.

CREDIT(S)

Added by Acts 2002, c. 278, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-316

Formerly cited as MD CODE Art. 27, § 465

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-316. Rape and sexual offense--Venue

If a person is transported with the intent to violate a provision of §§ 3-303 through 3-312, § 3-314, or § 3-315 of this subtitle, and the intent is followed by actual violation of a provision of §§ 3-303 through 3-312, § 3-314, or § 3-315 of this subtitle, the defendant may be tried in the appropriate court in a county where the transportation was offered, solicited, begun, continued, or ended.

CREDIT(S)

Added as Criminal Law § 3-314 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-315 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-316 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002. Amended by Acts 2002, c. 278, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 465.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-317

Formerly cited as MD CODE Art. 27, § 461C

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-317. Rape and sexual offense--Charging document

Content

(a) An indictment, information, or warrant for a crime under §§ 3-303 through 3-312 or § 3-314 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section violated) against the peace, government, and dignity of the State.”.

Bill of particulars

(b) In a case in which the general form of indictment, information, or warrant described in subsection (a) of this section is used, the defendant is entitled to a bill of particulars specifically setting forth the allegations against the defendant.

CREDIT(S)

Added as Criminal Law § 3-315 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-316 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-317 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 461C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-318

Formerly cited as MD CODE Art. 27, § 464D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-318. Rape and sexual offense--Spousal defense

In general

(a) Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person's legal spouse at the time of the alleged rape or sexual offense.

Separation or use of force

(b) A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person's legal spouse if:

(1) at the time of the alleged crime the person and the person's legal spouse have lived apart, without cohabitation and without interruption:

(i) under a written separation agreement executed by the person and the spouse; or

(ii) for at least 3 months immediately before the alleged rape or sexual offense; or

(2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.

Limited divorce

(c) A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person's legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.

CREDIT(S)

Added as Criminal Law § 3-316 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-317 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-318 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002. Amended by Acts 2004, c. 524, § 1, eff. Oct. 1, 2004.

Formerly Art. 27, § 464D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-319

Formerly cited as MD CODE Art. 27, § 461A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-319. Rape and sexual offense--Admissibility of evidence

Reputation and opinion evidence inadmissible

(a) Evidence relating to a victim's reputation for chastity or abstinence and opinion evidence relating to a victim's chastity or abstinence may not be admitted in a prosecution for:

(1) a crime specified under this subtitle or a lesser included crime;

(2) the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or

(3) the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime.

Specific instance evidence admissibility requirements

(b) Evidence of a specific instance of a victim's prior sexual conduct may be admitted in a prosecution described in subsection (a) of this section only if the judge finds that:

(1) the evidence is relevant;

(2) the evidence is material to a fact in issue in the case;

(3) the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and

(4) the evidence:

(i) is of the victim's past sexual conduct with the defendant;

(ii) is of a specific instance of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma;

(iii) supports a claim that the victim has an ulterior motive to accuse the defendant of the crime; or

(iv) is offered for impeachment after the prosecutor has put the victim's prior sexual conduct in issue.

Closed hearing

(c)(1) Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible.

(2) The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.

CREDIT(S)

Added as Criminal Law § 3-317 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-318 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-319 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002. Amended by Acts 2003, c. 89, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, § 461A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-320

Formerly cited as MD CODE Art. 27, § 461B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-320. Rape and sexual offense--Jury instructions

In a criminal prosecution under §§ 3-303 through 3-312, § 3-314, or § 3-315 of this subtitle, a judge may not instruct the jury:

(1) to examine the testimony of the prosecuting witness with caution, solely because of the nature of the charge;

(2) that the charge is easily made or difficult to disprove, solely because of the nature of the charge; or

(3) to follow another similar instruction, solely because of the nature of the charge.

CREDIT(S)

Added as Criminal Law § 3-318 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-319 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-320 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002. Amended by Acts 2002, c. 26, § 12, eff. Oct. 1, 2002; Acts 2002, c. 278, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 461B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-321

Formerly cited as MD CODE Art. 27, § 553

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-321. Sodomy

A person who is convicted of sodomy is guilty of a felony and is subject to imprisonment not exceeding 10 years.

CREDIT(S)

Added as Criminal Law § 3-319 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-320 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-321 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 553.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-322

Formerly cited as MD CODE Art. 27, § 554

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-322. Unnatural or perverted sexual practice

Prohibited

(a) A person may not:

(1) take the sexual organ of another or of an animal in the person's mouth;

(2) place the person's sexual organ in the mouth of another or of an animal; or

(3) commit another unnatural or perverted sexual practice with another or with an animal.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.

Statute of limitations and in banc review

Charging document

(d) An indictment for a violation of this section:

(1) is sufficient if it states that the defendant committed an unnatural and perverted sexual practice with a person or animal as applicable; but

(2) need not state the particular:

(i) unnatural or perverted sexual practice with which the defendant is charged; or

(ii) manner in which the defendant committed the unnatural or perverted sexual practice.

CREDIT(S)

Added as Criminal Law § 3-320 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-321 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-322 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 554.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-323

Formerly cited as MD CODE Art. 27, § 335

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-323. Incest

Prohibited

(a) A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.

CREDIT(S)

Added as Criminal Law § 3-321 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-322 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-323 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 335.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-324

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 3. Sexual Crimes (Refs & Annos)

§ 3-324. Sexual solicitation of minors

Definitions

(a) In this section, “solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including:

(1) in person;

(2) through an agent or agency;

(3) over the telephone;

(4) through any print medium;

(5) by mail;

(6) by computer or Internet; or

(7) by any other electronic means.

Prohibited

(b) A person may not, with the intent to commit a violation of § 3-304, § 3-306, or § 3-307 of this subtitle or § 11-304, § 11-305, or § 11-306 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3-304, § 3-306, or § 3-307 of this subtitle or § 11-304, § 11-305, or § 11-306 of this article.

Jurisdiction

(c) A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation:

(1) originated in the State; or

(2) is received in the State.

Penalty

(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

CREDIT(S)

Added by Acts 2004, c. 285, § 1, eff. Oct. 1, 2004. Amended by Acts 2007, c. 340, § 1, eff. Oct. 1, 2007; Acts 2007, c. 341, § 1, eff. Oct. 1, 2007.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-401

Formerly cited as MD CODE Art. 27, § 486

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 4. Robbery

§ 3-401. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Deprive

(b) “Deprive” means to withhold property of another:

(1) permanently;

(2) for a period that results in the appropriation of a part of the property's value;

(3) with the purpose to restore it only on payment of a reward or other compensation; or

(4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

Obtain

(1) in relation to property, to bring about a transfer of interest in or possession of the property; and

(2) in relation to a service, to secure the performance of the service.

Property

(d)(1) “Property” means anything of value.

(2) “Property” includes:

(i) real estate;

(ii) money;

(iii) a commercial instrument;

(iv) an admission or transportation ticket;

(v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;

(vi) a thing growing on, affixed to, or found on land, or that is part of or affixed to any building;

(vii) electricity, gas, and water;

(viii) a bird, animal, or fish that ordinarily is kept in a state of confinement;

(ix) food or drink;

(x) a sample, culture, microorganism, or specimen;

(xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;

(xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:

1. scientific, technical, merchandising, production, or management information; or

2. designed process, procedure, formula, invention, trade secret, or improvement;

(xiii) a financial instrument; and

(xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual.

Robbery

(e) “Robbery” retains its judicially determined meaning except that:

(1) robbery includes obtaining the service of another by force or threat of force; and

(2) robbery requires proof of intent to withhold property of another:

(i) permanently;

(ii) for a period that results in the appropriation of a part of the property's value;

(iii) with the purpose to restore it only on payment of a reward or other compensation; or

(iv) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

Service

(f) “Service” includes:

(1) labor or professional service;

(2) telecommunication, public utility, toll facility, or transportation service;

(3) lodging, entertainment, or restaurant service; and

(4) the use of computers, data processing, or other equipment.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 486.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-402

Formerly cited as MD CODE Art. 27, § 486

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 4. Robbery

§ 3-402. Robbery

Prohibited

(a) A person may not commit or attempt to commit robbery.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 567, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 486.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-403

Formerly cited as MD CODE Art. 27, § 487

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 4. Robbery

§ 3-403. Robbery with dangerous weapon

Prohibited

(a) A person may not commit or attempt to commit robbery under § 3-402 of this subtitle:

(1) with a dangerous weapon; or

(2) by displaying a written instrument claiming that the person has possession of a dangerous weapon.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 567, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 487.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-404

Formerly cited as MD CODE Art. 27, § 488

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 4. Robbery

§ 3-404. Charging document

In general

(a) An indictment, information, warrant, or other charging document for robbery is sufficient if it substantially states:

“(name of defendant) on (date) in (county) did feloniously rob (name of victim) of (property/service) (having a value of $500 or more) (with a dangerous weapon) in violation of (section violated) against the peace, government, and dignity of the State.”.

Determination of value

(b) If a charging document alleges that the value of the property or service subject to this subtitle is $500 or more, the court shall instruct the jury to determine whether the value of the property or service is less than $500, or $500 or more.

Theft as lesser included crime

(c) Unless a charging document alleges that the value of the property or service subject to this subtitle is $500 or more, a felony violation of § 7-104 of this article is not a lesser included crime of robbery.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 488.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-405

Formerly cited as MD CODE Art. 27, § 348A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 4. Robbery

§ 3-405. Carjacking

“Motor vehicle” defined

(a) In this section, “motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.

Prohibited--Carjacking

(b)(1) An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.

(2) A violation of this subsection is carjacking.

Prohibited--Armed carjacking

(c)(1) A person may not employ or display a dangerous weapon during the commission of a carjacking.

(2) A violation of this subsection is armed carjacking.

Penalty

(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

Sentencing

(e) A sentence imposed under this section may be separate from and consecutive to a sentence for any other crime that arises from the conduct underlying the carjacking or armed carjacking.

Prohibited defense

(f) It is not a defense under this section that the defendant did not intend to permanently deprive the owner or possessor of the motor vehicle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 104, § 1, eff. Oct. 1, 2004.

Formerly Art. 27, § 348A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-501

Formerly cited as MD CODE Art. 27, § 2

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 5. Kidnapping

§ 3-501. “Home or usual place of abode” defined

In this subtitle, “home or usual place of abode” includes the real property appurtenant to the home or place of abode.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-502

Formerly cited as MD CODE Art. 27, § 337

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 5. Kidnapping

§ 3-502. Kidnapping

Prohibited

(a) A person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State.

Penalty

(b) A person who violates this section is guilty of the felony of kidnapping and on conviction is subject to imprisonment not exceeding 30 years.

Exception

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 337.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-503

Formerly cited as MD CODE Art. 27, § 2; MD CODE Art. 27, § 338

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 5. Kidnapping

§ 3-503. Child kidnapping

Prohibited

(a)(1) A person may not, without color of right:

(i) forcibly abduct, take, or carry away a child under the age of 12 years from:

1. the home or usual place of abode of the child; or

2. the custody and control of the child's parent or legal guardian;

(ii) without the consent of the child's parent or legal guardian, persuade or entice a child under the age of 12 years from:

1. the child's home or usual place of abode; or

2. the custody and control of the child's parent or legal guardian; or

(iii) with the intent of depriving the child's parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child under the age of 12 years.

(2) In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child under the age of 16 years.

Penalty

(b)(1) A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

(2)(i) Except as provided under subparagraph (ii) of this paragraph, a person, other than a parent of the child, who violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(ii)1. If a person convicted under subsection (a)(2) of this section is convicted in the same proceeding of rape or a first degree sexual offense under Subtitle 3 of this title, the person is guilty of a felony and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

2. If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsubparagraph 1 of this subparagraph, the State shall notify the person in writing of the State's intent at least 30 days before trial.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, §§ 2, 338.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-601

Formerly cited as MD CODE Art. 27, § 35C

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-601. Child abuse

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor's health or welfare is harmed or threatened by the treatment or act.

(3) “Family member” means a relative of a minor by blood, adoption, or marriage.

(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.

(5) “Severe physical injury” means:

(i) brain injury or bleeding within the skull;

(ii) starvation; or

(iii) physical injury that:

1. creates a substantial risk of death; or

2. causes permanent or protracted serious:

A. disfigurement;

B. loss of the function of any bodily member or organ; or

C. impairment of the function of any bodily member or organ.

Child abuse in the first degree

(b)(1) A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor that:

(i) results in the death of the minor; or

(ii) causes severe physical injury to the minor.

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:

(i) imprisonment not exceeding 25 years; or

(ii) if the violation results in the death of the victim, imprisonment not exceeding 40 years.

Repeat offenders

(c) A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:

(1) imprisonment not exceeding 25 years; or

(2) if the violation results in the death of the victim, imprisonment not exceeding 40 years.

Child abuse in the second degree

(d)(1)(i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.

(ii) A household member or family member may not cause abuse to a minor.

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.

Sentencing

(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 273, § 2, eff. Oct. 1, 2002; Acts 2003, c. 167, § 1, eff. Oct. 1, 2003; Acts 2012, c. 249, § 1, eff. Oct. 1, 2012; Acts 2012, c. 250, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, § 35C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-602

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-602. Sexual abuse of a minor

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Family member” has the meaning stated in § 3-601 of this subtitle.

(3) “Household member” has the meaning stated in § 3-601 of this subtitle.

(4)(i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.

(ii) “Sexual abuse” includes:

1. incest;

2. rape;

3. sexual offense in any degree;

4. sodomy; and

5. unnatural or perverted sexual practices.

Prohibited

(b)(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.

(2) A household member or family member may not cause sexual abuse to a minor.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years.

Sentencing

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for:

(1) any crime based on the act establishing the violation of this section; or

(2) a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.

CREDIT(S)

Added by Acts 2002, c. 273, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 167, § 1, eff. Oct. 1, 2003.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-602.1

Effective: October 1, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-602.1. Neglect of minor by persons with responsibility of care prohibited

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Family member” has the meaning stated in § 3-601 of this subtitle.

(3) “Household member” has the meaning stated in § 3-601 of this subtitle.

(4) “Mental injury” means the substantial impairment of a minor's mental or psychological ability to function.

(5)(i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs or mental health of a minor that creates a substantial risk of harm to the minor's physical health or a substantial risk of mental injury to the minor.

(ii) “Neglect” does not include the failure to provide necessary assistance and resources for the physical needs or mental health of a minor when the failure is due solely to a lack of financial resources or homelessness.

Neglect of minor prohibited

(b) A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not neglect the minor.

Misdemeanor violation

(c) A person who violates this section is guilty of the misdemeanor of child neglect and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Sentence imposed in addition to other sentences

(d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

CREDIT(S)

Added by Acts 2011, c. 398, § 1, eff. Oct. 1, 2011; Acts 2011, c. 399, § 1, eff. Oct. 1, 2011.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-603

Formerly cited as MD CODE Art. 27, § 35E

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-603. Sale of minor

Prohibited

(a) A person may not sell, barter, or trade, or offer to sell, barter, or trade, a minor for money, property, or anything else of value.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both for each violation.

Statute of limitations and in banc review

CREDIT(S)

Added as Criminal Law § 3-602 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-603 by Acts 2002, c. 273, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 35E.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-604

Formerly cited as MD CODE Art. 27, § 35D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-604. Abuse or neglect of vulnerable adult

Definitions

(a)(1) In this section and §§ 3-605 and 3-606 of this subtitle the following words have the meanings indicated.

(2)(i) “Abuse” means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult's health or welfare is harmed or threatened.

(ii) “Abuse” includes the sexual abuse of a vulnerable adult.

(iii) “Abuse” does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13-516 of the Education Article acting within the scope of the health care provider's practice.

(3) “Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.

(4) “Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.

(5) “Household” means the location:

(i) in which the vulnerable adult resides;

(ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or

(iii) where the person suspected of abusing or neglecting a vulnerable adult resides.

(6) “Household member” means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.

(7)(i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including:

1. food;

2. clothing;

3. toileting;

4. essential medical treatment;

5. shelter; or

6. supervision.

(ii) “Neglect” does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:

1. given with the consent of the vulnerable adult; and

2. recognized by State law in place of medical treatment.

(8) “Serious physical injury” means physical injury that:

(i) creates a substantial risk of death; or

(ii) causes permanent or protracted serious:

1. disfigurement;

2. loss of the function of any bodily member or organ; or

3. impairment of the function of any bodily member or organ.

(9)(i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a vulnerable adult.

(ii) “Sexual abuse” includes:

1. incest;

2. rape;

3. sexual offense in any degree;

4. sodomy; and

5. unnatural or perverted sexual practices.

(10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

Prohibited

(b)(1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:

(i) results in the death of the vulnerable adult;

(ii) causes serious physical injury to the vulnerable adult; or

(iii) involves sexual abuse of the vulnerable adult.

(2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:

(i) results in the death of the vulnerable adult;

(ii) causes serious physical injury to the vulnerable adult; or

(iii) involves sexual abuse of the vulnerable adult.

Penalty

(c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Sentencing

CREDIT(S)

Added as Criminal Law § 3-603 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-604 by Acts 2002, c. 273, § 1, eff. Oct. 1, 2002. Amended by Acts 2002, c. 321, § 2, eff. Oct. 1, 2002; Acts 2002, c. 479, § 2, eff. Oct. 1, 2002; Acts 2002, c. 480, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 35D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-605

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-605. Abuse or neglect of vulnerable adults

Application of section

(a) This section does not apply to abuse that involves sexual abuse of a vulnerable adult.

Prohibited

(b)(1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult.

(2) A household member or family member may not cause abuse or neglect of a vulnerable adult.

Penalty

(c) A person who violates this section is guilty of the misdemeanor of abuse or neglect of a vulnerable adult in the second degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Sentence

CREDIT(S)

Added by Acts 2002, c. 321, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-606

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-606. Investigation

If a State or local unit receives a report of present or past abuse or neglect of a vulnerable adult, an investigation shall be conducted in accordance with:

(1) § 7-1005 of the Health--General Article if the adult has a developmental disability as defined in § 7-101 of the Health--General Article;

(2) § 10-705 of the Health--General Article if the adult is in a facility as defined in § 10-101 of the Health--General Article;

(3) § 19-346 or § 19-347 of the Health--General Article if the adult is a resident of a related institution as defined in § 19-301 of the Health--General Article; and

(4) §§ 14-301 through 14-309 of the Family Law Article if the adult does not meet the criteria of item (1), (2), or (3) of this section.

CREDIT(S)

Added as Criminal Law § 3-603(e) by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-606 by Acts 2002, c. 321, § 1, eff. Oct. 1, 2002. Amended by Acts 2002, c. 321, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-607

Formerly cited as MD CODE Art. 27, § 268H

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 6. Abuse and Other Offensive Conduct

§ 3-607. Hazing

Prohibited

(a) A person may not recklessly or intentionally do an act or create a situation that subjects a student to the risk of serious bodily injury for the purpose of an initiation into a student organization of a school, college, or university.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Prohibited defense

CREDIT(S)

Added as Criminal Law § 3-604 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-605 by Acts 2002, c. 273, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-607 by Acts 2002, c. 321, § 1, eff. Oct. 1, 2002.

Formerly Art. 27, § 268H.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-701

Formerly cited as MD CODE Art. 27, § 562B

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-701. Extortion generally

Scope of section

(a) This section does not apply to legitimate efforts by employees or their representatives to obtain certain wages, hours, or working conditions.

Obtaining, attempting or conspiring to obtain property prohibited

(b) A person may not obtain , attempt to obtain, or conspire to obtain money, property, labor, services, or anything of value from another person with the person's consent, if the consent is induced by wrongful use of actual or threatened:

(1) force or violence;

(2) economic injury; or

(3) destruction, concealment, removal, confiscation, or possession of any immigration or government identification document with intent to harm the immigration status of another person.

Penalty--Value of property, labor, or services $500 or more

(c) If the value of the property, labor, or services is $500 or more, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

Penalty--Value of property, labor, or services less than $500

(d) If the value of the property, labor, or services is less than $500, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

Limitation

(e) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 340, § 1, eff. Oct. 1, 2007; Acts 2007, c. 341, § 1, eff. Oct. 1, 2007.

Formerly Art. 27, § 562B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-702

Formerly cited as MD CODE Art. 27, § 562C

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-702. Extortion by State or local government officer or employee

“Political subdivision” defined

(a) In this section, “political subdivision” includes a:

(1) county;

(2) municipal corporation;

(3) bicounty or multicounty agency;

(4) county board of education;

(5) public authority; or

(6) special taxing district.

Prohibited

(b) An officer or employee of the State or of a political subdivision may not wrongfully obtain or attempt to obtain money, property, or anything of value from a person with the person's consent, if the consent is obtained under color or pretense of office, under color of official right, or by wrongful use of actual or threatened force or violence.

Penalty--Property value of $500 or more

(1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both; and

(2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

Penalty--Property value of less than $500

(d) If the value of the property is less than $500, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Limitation

(e) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2005, c. 478, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 562C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-703

Formerly cited as MD CODE Art. 27, § 562D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-703. Inducing another to give up compensation

Prohibited

(a) An officer or employee of the State or of a county, municipal corporation, bicounty agency, or multicounty agency may not, by force, intimidation, or threat, induce a person employed in work financed wholly or partly by the State or by a county, municipal corporation, bicounty agency, or multicounty agency to give up any compensation to which the person is entitled under a contract or otherwise.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Limitation

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 562D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-704

Formerly cited as MD CODE Art. 27, § 563

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-704. Extortion by false accusation

Prohibited

(a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not falsely accuse or threaten to falsely accuse another of a crime or of anything that, if the accusation were true, would tend to bring the other into contempt or disrepute.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 117, § 1, eff. Oct. 1, 2004; Acts 2007, c. 340, § 1, eff. Oct. 1, 2007; Acts 2007, c. 341, § 1, eff. Oct. 1, 2007.

Formerly Art. 27, § 563.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-705

Formerly cited as MD CODE Art. 27, § 562

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-705. Extortion by verbal threat

Prohibited

(a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not verbally threaten to:

(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or

(2)(i) cause physical injury to a person;

(ii) inflict emotional distress on a person;

(iii) cause economic damage to a person; or

(iv) cause damage to the property of a person.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 117, § 1, eff. Oct. 1, 2004; Acts 2007, c. 340, § 1, eff. Oct. 1, 2007; Acts 2007, c. 341, § 1, eff. Oct. 1, 2007.

Formerly Art. 27, § 562.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-706

Formerly cited as MD CODE Art. 27, § 561

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-706. Extortion by written threat

Scope of section

(a)(1) This section applies to any writing, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark or designation.

(2) This section does not apply to a good faith reasonable notice of dishonor and warning of criminal prosecution under Title 8, Subtitle 1 of this article given by a holder of an instrument to the maker of the instrument.

Prohibited

(b) A person, with the intent to unlawfully extort money, property, or anything of value from another, may not knowingly send or deliver, or make for the purpose of being sent or delivered and part with the possession of, a writing threatening to:

(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or

(2)(i) cause physical injury to a person;

(ii) inflict emotional distress on a person;

(iii) cause economic damage to a person; or

(iv) cause damage to the property of a person.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 117, § 1, eff. Oct. 1, 2004.

Formerly Art. 27, § 561.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-707

Formerly cited as MD CODE Art. 27, § 562A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-707. Coercing or intimidating another to contribute or donate

Effect of section

(a) This section does not prohibit picketing in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article.

Prohibited

(b) A person or group may not engage in an act or conduct solely to coerce or intimidate another person to contribute or donate any money, goods, materials, or services to a social, economic, or political association or organization.

Penalty

(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

(2) Each day on which a violation of this section occurs is a separate violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 562A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-708

Formerly cited as MD CODE Art. 27, § 561A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 7. Extortion and Other Threats

§ 3-708. Threat against State or local official

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Local official” means an individual serving in a publicly elected office of a local government unit, as defined in § 10-101 of the State Government Article.

(3)(i) “State official” has the meaning stated in § 15-102 of the State Government Article.

(ii) “State official” includes the Governor, Governor-elect, Lieutenant Governor, and Lieutenant Governor-elect.

(4) “Threat” includes:

(i) an oral threat; or

(ii) a threat in any written form, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark.

Prohibited--Making threat

(b) A person may not knowingly and willfully make a threat to take the life of, kidnap, or cause physical injury to a State official or local official.

Prohibited--Sending or delivering threat

(c) A person may not knowingly send, deliver, part with, or make for the purpose of sending or delivering a threat prohibited under subsection (b) of this section.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 561A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-801

Formerly cited as MD CODE Art. 27, § 123

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-801. “Course of conduct” defined

In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time, that shows a continuity of purpose.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-802

Formerly cited as MD CODE Art. 27, § 124

Effective: April 12, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-802. Stalking

“Stalking” defined

(a) In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:

(1)(i) of serious bodily injury;

(ii) of an assault in any degree;

(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;

(iv) of false imprisonment; or

(v) of death; or

(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

Scope of section

(b) The provisions of this section do not apply to conduct that is:

(1) performed to ensure compliance with a court order;

(2) performed to carry out a specific lawful commercial purpose; or

(3) authorized, required, or protected by local, State, or federal law.

Prohibited

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Sentence

(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 313, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2011, c. 65, § 1, eff. April 12, 2011.

Formerly Art. 27, § 124.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-803

Formerly cited as MD CODE Art. 27, § 123

Effective: October 1, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-803. Harassment

Prohibited

(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

Exception

(b) This section does not apply to a peaceable activity intended to express a political view or provide information to others.

Penalty

(1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

(2) for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2011, c. 342, § 1, eff. Oct. 1, 2011.

Formerly Art. 27, § 123.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-804

Formerly cited as MD CODE Art. 27, § 555A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-804. Misuse of telephone facilities and equipment

Prohibited

(a) A person may not use telephone facilities or equipment to make:

(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;

(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or

(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 555A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-805

Formerly cited as MD CODE Art. 27, § 555C

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-805. Misuse of electronic mail

Electric communication defined

(a) In this section, “electronic communication” means the transmission of information, data, or a communication by the use of a computer or any other electronic means that is sent to a person and that is received by the person.

Prohibited

(b) A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

Construction of section

(c) It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication, if a court order directs the person to provide the information, facilities, or technical assistance:

(1) a provider of electronic communication;

(2) an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or

(3) a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication.

Exception

(d) This section does not apply to a peaceable activity intended to express a political view or provide information to others.

Penalty

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2012, c. 42, § 1, eff. Oct. 1, 2012; Acts 2012, c. 43, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, § 555C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-805.1

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-805.1. Commercial electronic mail messages

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Commercial electronic mail message” means an electronic message sent primarily for the purpose of commercial advertisement or promotion of:

(i) a commercial product;

(ii) a commercial service;

(iii) the content on an Internet website; or

(iv) a website operated for a commercial purpose.

(3) “Domain name” means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic mail address on the Internet.

(4) “Electronic mail service provider” means any person, including an Internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account.

(5) “Financial institution” has the same meaning as provided in § 1-101 of the Financial Institutions Article.

(6) “Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes.

(7) The term “initiate”, when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message and does not include actions that constitute routine conveyance of such message.

(8) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

(9) “Internet protocol address” means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.

(10) “Materially falsified” means altered or concealed in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this section:

(i) a recipient of the message;

(ii) an Internet access service processing the message on behalf of a recipient;

(iii) a person alleging a violation of this section; or

(iv) a law enforcement agency.

(11) “Multiple” means:

(i) more than 10 commercial electronic mail messages during a 24-hour period;

(ii) more than 100 commercial electronic mail messages during a 30-day period; or

(iii) more than 1,000 commercial electronic mail messages during a 1-year period.

(12) “Protected computer” means a computer used in intrastate or interstate communication.

(13) “Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses.

Prohibited

(b) A person may not conspire to or knowingly:

(1) use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message;

(2) materially falsify header information in multiple commercial electronic mail messages and intentionally initiate the transmission of the messages;

(3) register, using information that materially falsifies the identity of the actual registrant, for 15 or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiate the transmission of multiple commercial electronic mail messages from one or any combination of accounts or domain names;

(4) falsely represent the right to use five or more Internet protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from the Internet protocol addresses;

(5) access a protected computer of another without authorization, and intentionally initiate the transmission of multiple electronic mail advertisements from or through the protected computer;

(6) violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting addresses to which a message was transmitted, knowing that:

(i) the electronic mail addresses of the recipients were obtained using an automated means from an Internet website or proprietary online service operated by another person; and

(ii) the website or online service included, at the time the addresses were obtained, a notice stating that the operator of the website or online service will not transfer addresses maintained by the website or online service to any other party for the purposes of initiating or enabling others to initiate electronic mail messages; or

(7) violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting electronic mail addresses of recipients obtained using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.

Penalty

(c)(1) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section involving the transmission of more than 250 commercial electronic mail messages during a 24-hour period, 2,500 commercial electronic mail messages during any 30-day period, or 25,000 commercial electronic mail messages during any 1-year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(3) A person who violates subsection (b)(3) of this section involving 20 or more electronic mail accounts or 10 or more domain names and intentionally initiates the transmission of multiple commercial electronic mail messages from the accounts or using the domain names is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(4) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section that causes a loss of $500 or more during any 1-year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(5) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in concert with three or more other persons as the leader or organizer of the action that constitutes the violation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(6) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in furtherance of a felony, or who has previously been convicted of an offense under the laws of this State, another state, or under any federal law involving the transmission of multiple commercial electronic mail messages is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

(7) A person who violates subsection (b)(6) or (7) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

Forfeiture

(d) In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of this section forfeit to the State:

(1) any moneys and other income, including all proceeds earned but not yet received by a defendant from a third party as a result of the defendant's violation of this section; and

(2) all computer equipment, computer software, and personal property used in connection with a violation of this section known by the owner to have been used in violation of this section.

Limitation of actions

(e)(1) An action brought under this subsection shall be commenced within 2 years after the commission of the act.

(2) The Attorney General may institute a civil action against a person who violates this section to recover a civil penalty not exceeding:

(i) $25,000 per day of violation; or

(ii) not less than $2 nor more than $8 per commercial electronic mail message initiated in violation of this section.

(3) The Attorney General may seek an injunction in a civil action to prohibit a person who has engaged in or is engaged in a violation of this section from engaging in the violation.

(4) The Attorney General may enforce criminal violations of this section.

Construction of section

(f) Nothing in this section shall be construed to have any effect on the lawfulness of the adoption, implementation, or enforcement by an electronic mail service provider of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages under any other provision of law.

CREDIT(S)

Added by Acts 2004, c. 470, § 1, eff. Oct. 1, 2004. Amended by Acts 2005, c. 25, § 1, eff. April 12, 2005.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-806

Formerly cited as MD CODE Art. 27, § 353

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-806. Misuse of laser pointer

“Laser pointer” defined

(a) In this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

Scope of section

(b) This section may not be construed to apply to the use of a laser pointer:

(1) for educational purposes by individuals engaged in an organized meeting or training class; or

(2) during the normal course of work or trade activities.

Prohibited

(c) A person may not knowingly use a laser pointer to illuminate another in a public place in a manner that harasses or endangers the other.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 353.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-807

Effective: June 1, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 8. Stalking and Harassment

§ 3-807. False, fictitious, or fraudulent liens or encumbrances prohibited

In general

(a) A person may not file a lien or an encumbrance in a public or private record against the real or personal property of another if the person knows that the lien or encumbrance is:

(1) false; or

(2) contains or is based on a materially false, fictitious, or fraudulent statement or representation.

Violations and penalties

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2013, c. 656, § 1, eff. June 1, 2013.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-901

Formerly cited as MD CODE Art. 27, § 579

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-901. Visual surveillance

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Private place” means a dressing room or rest room in a retail store.

(3) “Visual surveillance” means surveillance by:

(i) direct sight;

(ii) the use of mirrors;

(iii) the use of cameras; or

(iv) the use of an electronic device that can be used surreptitiously to observe an individual.

Scope of section

(b) This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties.

Prohibited

(c) A person may not conduct or procure another to conduct visual surveillance of an individual in a private place without the consent of that individual.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.

Prohibited defense

(e) It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located.

Civil action

(f)(1) An individual who was under visual surveillance in violation of this section has a civil cause of action against any person who conducted or procured a person to conduct the visual surveillance.

(2) In an action under this subsection, the court may award actual damages and reasonable attorney's fees.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 579.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-902

Formerly cited as MD CODE Art. 27, § 579B

Effective: April 10, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-902. Visual surveillance with prurient intent

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Camera” includes any electronic device that can be used surreptitiously to observe an individual.

(3) “Female breast” means a portion of the female breast below the top of the areola.

(4) “Private area of an individual” means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of an individual.

(5)(i) “Private place” means a room in which a person can reasonably be expected to fully or partially disrobe and has a reasonable expectation of privacy, in:

1. an office, business, or store;

2. a recreational facility;

3. a restaurant or tavern;

4. a hotel, motel, or other lodging facility;

5. a theater or sports arena;

6. a school or other educational institution;

7. a bank or other financial institution;

8. any part of a family child care home used for the care and custody of a child; or

9. another place of public use or accommodation.

(ii) “Private place” includes a tanning room, dressing room, bedroom, or restroom.

(6)(i) “Visual surveillance” means the deliberate, surreptitious observation of an individual by any means.

(ii) “Visual surveillance” includes surveillance by:

1. direct sight;

2. the use of mirrors; or

3. the use of cameras.

(iii) “Visual surveillance” does not include a casual, momentary, or unintentional observation of an individual.

Scope of section

(b) This section does not apply to a person who without prurient intent:

(1) conducts filming by or for the print or broadcast media;

(2) conducts or procures another to conduct visual surveillance of an individual to protect property or public safety or prevent crime; or

(3) conducts visual surveillance and:

(i) holds a license issued under Title 13 or Title 19 of the Business Occupations and Professions Article; and

(ii) is acting within the scope of the person's occupation.

Prohibited

(1) an individual in a private place without the consent of that individual; or

(2) the private area of an individual by use of a camera without the consent of the individual under circumstances in which a reasonable person would believe that the private area of the individual would not be visible to the public, regardless of whether the individual is in a public or private place.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

Civil action

(e)(1) An individual who was under visual surveillance in violation of this section has a civil cause of action against any person who conducted or procured another to conduct the visual surveillance.

(2) In an action under this subsection, the court may award actual damages and reasonable attorney's fees.

Other remedies

(f) This section does not affect any legal or equitable right or remedy otherwise provided by law.

Effect of section

(g) This section does not affect the application of § 3-901 of this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 165, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 361, § 1, eff. Oct. 1, 2004; Acts 2006, c. 292, § 1, eff. Oct. 1, 2006; Acts 2012, c. 66, § 1, eff. April 10, 2012.

Formerly Art. 27, § 579B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-903

Formerly cited as MD CODE Art. 27, § 579A

Effective: April 10, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-903. Camera surveillance

“Camera” defined

(a) In this section, “camera” includes any electronic device that can be used surreptitiously to observe an individual.

Scope of section

(b) This section does not apply to:

(1) an adult resident of the private residence where a camera is placed;

(2) a person who places or procures another to place a camera on real property without the intent to conduct deliberate surreptitious observation of an individual inside the private residence;

(3) a person who has obtained the consent of an adult resident, or the adult resident's legal guardian, to place a camera on real property to conduct deliberate surreptitious observation of an individual inside the private residence;

(4) any otherwise lawful observation with a camera conducted by a law enforcement officer while performing official duties;

(5) filming conducted by a person by or for the print or broadcast media through use of a camera that is not secreted from view;

(6) any part of a private residence used for business purposes, including any part of a private residence used as a family child care home for the care and custody of a child;

(7) filming of a private residence by a person through use of a camera that is not located on the real property where the private residence is located; or

(8) any otherwise lawful observation with a camera of the common area of multiunit family dwellings by a person that holds a license under Title 13 or Title 19 of the Business Occupations and Professions Article, acting within the scope of the person's occupation.

Prohibited

(c) A person may not place or procure another to place a camera on real property where a private residence is located to conduct deliberate surreptitious observation of an individual inside the private residence.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

Prohibited defense

(e) Subject to subsection (b)(1) of this section, it is not a defense to a prosecution under this section that the defendant owns the private residence.

Available defense

(f) A good faith reliance on a court order is a complete defense to a civil or criminal action brought under this section.

Civil action

(g)(1) An individual who was observed through the use of a camera in violation of this section has a civil cause of action against any person who placed or procured another to place the camera on the real property.

(2) In an action under this subsection, the court may award damages and reasonable attorney's fees.

Other remedies

(h) This section does not affect any legal or equitable right or remedy otherwise provided by law.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 361, § 1, eff. Oct. 1, 2004; Acts 2012, c. 66, § 1, eff. April 10, 2012.

Formerly Art. 27, § 579A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-904

Formerly cited as MD CODE Art. 27, § 580A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-904. Unlawful picketing and assembly

Legislative policy

(a) The General Assembly declares that:

(1) the protection and preservation of the home is the keystone of democratic government;

(2) the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy and, when absent from their homes, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes;

(3) the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants;

(4) the purpose of this practice is to harass the occupants of the residences and dwelling places;

(5) without resort to this practice, full opportunity exists, and under the provisions of this article will continue to exist, for the exercise of freedom of speech and other constitutional rights; and

(6) the provisions of this section are necessary in the public interest to avoid the detrimental results described in this subsection.

Effect of section

(b) This section does not prohibit:

(1) picketing or assembly in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article;

(2) picketing in a lawful manner of a person's home when it is also the person's sole place of business; or

(3) holding a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.

Prohibited--Assembly disrupting home tranquility

(c) A person may not intentionally assemble with another in a manner that disrupts a person's right to tranquility in the person's home.

Penalty

(d)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

(2) Each day on which a violation of this section occurs is a separate violation.

Injunctive relief

(e) In addition to the penalty provided in subsection (d) of this section, a circuit court:

(1) may enjoin conduct proscribed by this section; and

(2) in the proceeding for injunctive relief, may award damages, including punitive damages, against any person found guilty of violating this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 580A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-905

Formerly cited as MD CODE Art. 27, § 354

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-905. Opening letter without permission

Prohibited

(a) A person may not take and break open a letter that is not addressed to the person without permission from the person to whom the letter is addressed or the personal representative of the addressee's estate.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for 6 days and a fine of $15.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 354.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-906

Formerly cited as MD CODE Art. 27, § 556

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-906. Divulging or failing to deliver private communications

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Telegraph company” has the meaning stated in § 1-101 of the Public Utilities Article.

(3) “Telegraph lines” has the meaning stated in § 1-101 of the Public Utilities Article.

(4) “Telephone company” has the meaning stated in § 1-101 of the Public Utilities Article.

(5) “Telephone lines” has the meaning stated in § 1-101 of the Public Utilities Article.

Prohibited

(b) An employee or agent of a telegraph company or telephone company, or of a person operating telegraph lines or telephone lines for profit in the State, may not:

(1) willfully divulge the contents or nature of the contents of a private communication that is entrusted to the person for transmission or delivery; or

(2) willfully refuse or neglect to transmit or deliver a private communication.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 556.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 3-907

Formerly cited as MD CODE Art. 27, § 583

Effective: April 9, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 3. Other Crimes Against the Person

Subtitle 9. Surveillance and Other Crimes Against Privacy

§ 3-907. Publication of information by videotape distributor

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Protected individual” means an individual who buys, rents, or borrows a videotape, video disk, or film from a videotape distributor.

(3) “Publish” means to distribute to a person other than the protected individual or an agent of the protected individual.

(4) “Videotape distributor” means a retail establishment operating for profit that sells, rents, or loans videotapes, video disks, or films.

Prohibited

(b) Except as provided in subsection (d) of this section, a videotape distributor, or an agent or employee of a videotape distributor, may not publish the following information relating to sales, rentals, or loans of videotapes, video disks, or films to a protected individual:

(1) any numerical designation used by the videotape distributor to identify the protected individual; or

(2) any listing of videotapes, video disks, or films bought, rented, or borrowed by the protected individual from the videotape distributor.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months for all violations or a fine not exceeding $500 for each violation or both.

Exceptions

(d) This section does not prohibit the distribution of information protected under subsection (b) of this section to:

(1) a person designated by the videotape distributor and authorized by the protected individual before distribution to receive the information;

(2) any appropriately authorized law enforcement personnel; or

(3) a collection agency used or person designated by the videotape distributor to collect unreturned rental videotapes, video disks, or films, or an amount equal to their value.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2013, c. 43, § 1, eff. April 9, 2013.

Formerly Art. 27, § 583.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-101

Formerly cited as MD CODE Art. 27, § 36

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-101. Dangerous weapons

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Nunchaku” means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3)(i) “Pepper mace” means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) “Pepper mace” is also known as oleoresin capsicum (o.c.) spray.

(4) “Star knife” means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

(5)(i) “Weapon” includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(ii) “Weapon” does not include:

1. a handgun; or

2. a penknife without a switchblade.

Exceptions for certain individuals

(b) This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

Prohibited

(c)(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3)(i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

Penalties

(d)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 571, § 1, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 36.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-102

Formerly cited as MD CODE Art. 27, § 36A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-102. Deadly weapons on school property

Exceptions

(a) This section does not apply to:

(1) a law enforcement officer in the regular course of the officer's duty;

(2) a person hired by a county board of education specifically for the purpose of guarding public school property;

(3) a person engaged in organized shooting activity for educational purposes; or

(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.

Prohibited

(b) A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.

Formerly Art. 27, § 36A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-103

Formerly cited as MD CODE Art. 27, § 36A-1

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-103. Disarming a law enforcement officer

“Law enforcement officer” defined

(a) In this section, “law enforcement officer” means:

(1) a law enforcement officer who, in an official capacity, is authorized by law to make arrests;

(2) a sheriff, deputy sheriff, or assistant sheriff; or

(3) an employee of the Division of Correction, the Patuxent Institution, the Division of Pretrial Detention and Services, the Division of Parole and Probation, a local correctional facility, or any booking facility.

Prohibited

(b) A person may not knowingly remove or attempt to remove a firearm from the possession of a law enforcement officer if:

(1) the law enforcement officer is lawfully acting within the course and scope of employment; and

(2) the person has knowledge or reason to know that the law enforcement officer is employed as a law enforcement officer.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Sentencing

(d) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation under this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.

Formerly Art. 27, § 36A-1.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-104

Formerly cited as MD CODE Art. 27, § 36K

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-104. Child's access to firearms

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

(3) “Child” means an individual under the age of 16 years.

(4)(i) “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.

(ii) “Firearm” does not include an antique firearm as defined in § 4-201 of this title.

Exceptions

(b) This section does not apply if:

(1) the child's access to a firearm is supervised by an individual at least 18 years old;

(2) the child's access to a firearm was obtained as a result of an unlawful entry;

(3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or

(4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.

Prohibited

(c) A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

Effect of violation

(e)(1) A violation of this section may not:

(i) be considered evidence of negligence;

(ii) be considered evidence of contributory negligence;

(iii) limit liability of a party or an insurer; or

(iv) diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.

(2) A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36K.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-105

Formerly cited as MD CODE Art. 27, § 339

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-105. Transfer of switchblade or shooting knife

Prohibited

(a) A person may not sell, barter, display, or offer to sell or barter:

(1) a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife; or

(2) a device that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring, commonly called a shooting knife.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 months or a fine of not less than $50 and not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 339.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-106

Formerly cited as MD CODE Art. 27, § 27A; MD CODE Art. 27, § 27B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-106. Bulletproof body armor

Definitions

(a)(1) In this section and § 4-107 of this subtitle the following words have the meanings indicated.

(2) “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

(3) “Bulletproof body armor” means a material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition.

(4) “Crime of violence” has the meaning stated in § 14-101 of this article.

(5) “Drug trafficking crime” has the meaning stated in § 5-621 of this article.

(6) “Firearm” includes:

(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle as those terms are defined in § 4-201 of this title;

(ii) an assault pistol as defined in § 4-301 of this title;

(iii) a machine gun as defined in § 4-401 of this title; and

(iv) a regulated firearm as defined in § 5-101 of the Public Safety Article.

(7) “Secretary” means the Secretary of State Police or the Secretary's designee.

Prohibited--Wearing in crime of violence

(b) A person may not wear bulletproof body armor in the commission of a crime of violence.

Prohibited--Wearing in drug trafficking crime

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Sentencing

(e) A sentence imposed under this section may be separate from a sentence for any crime of violence or drug trafficking crime establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, §§ 27A, 27B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-107

Formerly cited as MD CODE Art. 27, § 27C

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-107. Bulletproof body armor--Permit to use, possess, or purchase

Prohibited--Use, possession, or purchase without permit

(a) Except for a person holding a valid permit issued under subsection (c) of this section, a person who was previously convicted of a crime of violence or a drug trafficking crime may not use, possess, or purchase bulletproof body armor.

Permit--Petition

(b) A person with a prior conviction for a crime of violence or a drug trafficking crime may file a petition with the Secretary for a permit to purchase, possess, and use bulletproof body armor.

Permit--Issuance

(c) On receiving a petition under subsection (b) of this section, the Secretary may issue to the petitioner a permit to purchase, possess, and use bulletproof body armor under the terms, conditions, and limitations that the Secretary sets as appropriate, based on a determination that the petitioner:

(1) is likely to use or possess bulletproof body armor in a safe and lawful manner; and

(2) has shown good cause for the use, possession, or purchase of bulletproof body armor.

Permit--Required considerations

(d) In making a determination under subsection (c) of this section with respect to a petitioner, the Secretary shall consider:

(1) the effect of the determination on the employment of the petitioner;

(2) the interests of justice;

(3) the safety of the petitioner;

(4) any other valid reason for the petitioner to purchase, possess, or use bulletproof body armor; and

(5) the totality of the circumstances.

Permit--Conditions

(e) As a condition of issuing a permit to a petitioner, the Secretary shall require that the petitioner agree to maintain in the person's possession a certified copy of the permit, including any terms, conditions, or limitations.

Permit--Duration and renewal

(f)(1) A permit under this section expires 5 years after the date of its issuance.

(2) A permit shall be renewed for successive periods of 5 years if the applicant:

(i) files an application for renewal at any time within 3 months before the permit expires; and

(ii) satisfies the requirements of this section.

Permit--Revocation

(g) The Secretary may revoke a permit at any time if the Secretary finds that the holder no longer satisfies the qualifications set forth in subsection (c) of this section.

Informal review

(h)(1) A person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receiving written notice of the Secretary's initial action.

(2) The informal review may include a personal interview of the applicant.

(3) An informal review under this subsection is not subject to the Administrative Procedure Act. [FN1]

(4) After the informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the applicant of the decision in writing within 30 days after receiving the request for informal review.

Contested case proceeding

(i)(1) A person aggrieved by a decision of the Secretary may seek review of the decision under Title 10, Subtitle 2 of the State Government Article.

(2) A request for informal review under subsection (h) of this section is not a condition precedent to instituting a contested case proceeding under this subsection.

Regulations

(j) The Secretary shall adopt regulations to carry out this section.

Penalty

(k) A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 27C.

[FN1] State Government § 10-101 et seq.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-108

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-108. Target practice or discharging gun or weapon

Prohibited

(a) In Anne Arundel County, Caroline County, and St. Mary's County a person may not target practice with a gun or weapon or discharge a gun or weapon on the land of another without first obtaining written permission from the owner or possessor of the land.

Penalties

(b)(1)(i) In Anne Arundel County and Caroline County a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

1. for a first violation, a fine of not less than $250 and not exceeding $1,000; and

2. for each subsequent violation, a fine of not less than $500 and not exceeding $2,000.

(ii) If a person fails to pay a fine imposed under this paragraph, further proceedings shall be held in accordance with § 7-505 of the Courts Article.

(2) In St. Mary's County a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

CREDIT(S)

Added by Acts 2003, c. 5, § 3, eff. Oct. 1, 2003. Amended by Acts 2004, c. 26, § 5, eff. Oct. 1, 2004.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-109

Effective: October 1, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 1. General Provisions

§ 4-109. Possession and use of electronic control devices

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Crime of violence” has the meaning stated in § 14-101 of this article.

(3) “Electronic control device” means a portable device designed as a weapon capable of injuring, immobilizing, or inflicting pain on an individual by the discharge of electrical current.

Possession of electronic control devices

(b) A person may not possess or use an electronic control device unless the person:

(1) has attained the age of 18 years; and

(2) has never been convicted of a crime of violence or a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-613, or § 5-614 of this article.

Sale, activation of electronic control devices

(1) an instructional manual or audio or audiovisual instructions are provided to the purchaser;

(2) the manufacturer maintains a record of the original owner of the electronic control device; and

(3) the manufacturer or seller has obtained a State and federal criminal history records check of the original owner to ensure compliance with subsection (b)(2) of this section.

Access to manufacturer records

(d) A manufacturer of electronic control devices shall provide an investigating law enforcement agency with prompt access to the manufacturer's records on electronic control devices and cartridges sold in the State.

Fines and penalties

(e)(1) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

(2) A person who violates subsection (b) of this section while committing a separate crime that is a crime of violence is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Local government restrictions

(f) This section does not prohibit a local government from adopting a restriction or requirement concerning the possession of an electronic control device that is more stringent than the requirements of this section.

CREDIT(S)

Added by Acts 2009, c. 320, § 1, eff. Oct. 1, 2009; Acts 2009, c. 321, § 1, eff. Oct. 1, 2009.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-201

Formerly cited as MD CODE Art. 27, § 36F

Effective: July 1, 2008

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-201. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Antique firearm

(b) “Antique firearm” means:

(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or

(2) a replica of a firearm described in item (1) of this subsection that:

(i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

Handgun

(c)(1) “Handgun” means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) “Handgun” includes a short-barreled shotgun and a short-barreled rifle.

(3) “Handgun” does not include a shotgun, rifle, or antique firearm.

Law enforcement official

(d) “Law enforcement official” means:

(1) a full-time member of a police force or other unit of the United States, a state, a county, a municipal corporation, or other political subdivision of a state who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a state, a county, a municipal corporation, or other political subdivision of a state;

(2) a part-time member of a police force of a county or municipal corporation who is certified by the county or municipal corporation as being trained and qualified in the use of handguns;

(3) a fire and explosive investigator of the Prince George's County Fire/EMS Department as defined in § 2-208.3 of the Criminal Procedure Article;

(4) a Montgomery County fire and explosive investigator as defined in § 2-208.1 of the Criminal Procedure Article;

(5) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article;

(6) a Worcester County fire and explosive investigator as defined in § 2-208.4 of the Criminal Procedure Article; or

(7) a City of Hagerstown fire and explosive investigator as defined in § 2-208.5 of the Criminal Procedure Article.

Rifle

(e) “Rifle” means a weapon that is:

(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and

(2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Short-barreled rifle

(f) “Short-barreled rifle” means:

(1) a rifle that has one or more barrels less than 16 inches long; or

(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.

Short-barreled shotgun

(g) “Short-barreled shotgun” means:

(1) a shotgun that has one or more barrels less than 18 inches long; or

(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.

Shotgun

(h) “Shotgun” means a weapon that is:

(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and

(2) designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.

Vehicle

(i) “Vehicle” means a motor vehicle as defined in Title 11, Subtitle 1 of the Transportation Article, a train, an aircraft, or a vessel.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 377, § 1, eff. Oct. 1, 2004; Acts 2005, c. 463, § 1, eff. Oct. 1, 2005; Acts 2007, c. 410, § 2, eff. Oct. 1, 2007; Acts 2007, c. 619, § 1, eff. Oct. 1, 2007; Acts 2008, c. 428, § 1, eff. July 1, 2008; Acts 2008, c. 429, § 1, eff. July 1, 2008.

Formerly Art. 27, § 36F.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-202

Formerly cited as MD CODE Art. 27, § 36B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-202. Legislative findings

The General Assembly finds that:

(1) the number of violent crimes committed in the State has increased alarmingly in recent years;

(2) a high percentage of violent crimes committed in the State involves the use of handguns;

(3) the result is a substantial increase in the number of deaths and injuries largely traceable to the carrying of handguns in public places by criminals;

(4) current law has not been effective in curbing the more frequent use of handguns in committing crime; and

(5) additional regulations on the wearing, carrying, and transporting of handguns are necessary to preserve the peace and tranquility of the State and to protect the rights and liberties of the public.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-203

Formerly cited as MD CODE Art. 27, § 36B

Effective: April 12, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-203. Wearing, carrying, or transporting handgun

Prohibited

(a)(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

Exceptions

(b) This section does not prohibit:

(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;

(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

(iv) a correctional officer or warden of a correctional facility in the State;

(v) a sheriff or full-time assistant or deputy sheriff of the State; or

(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or

(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

(i) the handgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

(iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

Penalty

(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or

(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3)(i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4)(i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2010, c. 712, § 1, eff. Oct. 1, 2010; Acts 2011, c. 65, § 1, eff. April 12, 2011.

Formerly Art. 27, § 36B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-204

Formerly cited as MD CODE Art. 27, § 36B

Effective: October 1, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-204. Use of handgun or antique firearm in commission of crime

Firearm defined

(a)(1) In this section, “firearm” means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or

(ii) the frame or receiver of such a weapon.

(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.

Persons prohibited from using firearm in commission of violent crime

(b) A person may not use a firearm in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime.

Misdemeanor violation in addition to other penalties

(c)(1)(i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.

(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.

(2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2011, c. 164, § 1, eff. Oct. 1, 2011; Acts 2011, c. 165, § 1, eff. Oct. 1, 2011.

Formerly Art. 27, § 36B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-205

Formerly cited as MD CODE Art. 27, § 36B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-205. Other limitations on sentencing

Reduction or suspension of mandatory minimum sentence

(a) Notwithstanding § 14-102 of this article or any other provision of law, except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not:

(1) enter a judgment for less than the mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle in a case in which a mandatory minimum sentence is specified under § 4-203 or § 4-204 of this subtitle; or

(2) suspend a mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle.

Probation

(b) Notwithstanding § 14-102 of this article or any other provision of law:

(1) except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle for wearing, carrying, or transporting a handgun other than on public school property, a court may not order probation before judgment in a case arising under this subtitle; and

(2) except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not order probation with respect to a case arising under § 4-203 or § 4-204 of this subtitle that would have the effect of reducing the actual period of imprisonment prescribed in § 4-203 or § 4-204 of this subtitle as a mandatory minimum sentence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-206

Formerly cited as MD CODE Art. 27, § 36D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-206. Limited search, seizure, and arrest

Limited search

(a)(1) A law enforcement officer may make an inquiry and conduct a limited search of a person under paragraph (2) of this subsection if the officer, in light of the officer's observations, information, and experience, reasonably believes that:

(i) the person may be wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle;

(ii) because the person possesses a handgun, the person is or presently may be dangerous to the officer or to others;

(iii) under the circumstances, it is impracticable to obtain a search warrant; and

(iv) to protect the officer or others, swift measures are necessary to discover whether the person is wearing, carrying, or transporting a handgun.

(2) If the circumstances specified under paragraph (1) of this subsection exist, a law enforcement officer:

(i) may approach the person and announce the officer's status as a law enforcement officer;

(ii) may request the name and address of the person;

(iii) if the person is in a vehicle, may request the person's license to operate the vehicle and the registration of the vehicle;

(iv) may ask any question and request any explanation that may be reasonably calculated to determine whether the person is unlawfully wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle; and

(v) if the person does not offer an explanation that dispels the officer's reasonable beliefs described in paragraph (1) of this subsection, may conduct a search of the person limited to a patting or frisking of the person's clothing in search of a handgun.

(3) A law enforcement officer acting under this subsection shall take into account all circumstances of the occasion, including the age, appearance, physical condition, manner, and gender of the person approached.

Seizure of handgun and arrest

(b)(1) If the officer discovers that the person is wearing, carrying, or transporting a handgun, the officer may demand evidence from the person of the person's authority to wear, carry, or transport the handgun in accordance with § 4-203(b) of this subtitle.

(2) If the person does not produce the evidence specified in paragraph (1) of this subsection, the officer may seize the handgun and arrest the person.

Written report

(c)(1) A law enforcement officer who conducts a search or seizure in accordance with this section shall file a written report with the law enforcement officer's employer unit within 24 hours after the search or seizure.

(2) The report shall be on a form that the Secretary of Public Safety and Correctional Services prescribes, shall include the name of the person searched, and shall describe the circumstances surrounding and the reasons for the search or seizure.

(3) A copy of the report shall be sent to the Secretary of State Police.

Civil actions

(d) On request of a law enforcement officer, the Attorney General shall defend the officer in a civil action, including any appeal, in which the officer is sued for conducting a search or seizure under this section that is alleged to be unreasonable and unlawful.

Construction of section

(e)(1) This section may not be construed to limit the right of a law enforcement officer to conduct any other type of search or seizure or make an arrest that is otherwise authorized by law.

(2) The provisions of this section are in addition to and not limited by the provisions of Title 2 of the Criminal Procedure Article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-207

Formerly cited as MD CODE Art. 27, § 36E

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-207. Repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-208

Formerly cited as MD CODE Art. 27, § 36G

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-208. Possession of firearm at public demonstration

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.

(ii) “Demonstration” does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.

(3)(i) “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.

(ii) “Firearm” does not include an antique firearm.

(4) “Handgun” has the meaning stated in § 5-101 of the Public Safety Article.

(5) “Law enforcement officer” means:

(i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;

(ii) a park police officer of the Maryland-National Capital Park and Planning Commission;

(iii) a member of the University of Maryland police force; and

(iv) any military or militia personnel directed by constituted authority to keep law and order.

(6)(i) “Public place” means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.

(ii) “Public place” is not limited to a place devoted solely to the uses of the public.

(iii) “Public place” includes:

1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;

2. a public building, including its grounds and curtilage;

3. a public parking lot;

4. a public street, sidewalk, or right-of-way;

5. a public park; and

6. other public grounds.

Prohibited

(b)(1) This subsection does not apply to a law enforcement officer.

(2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:

(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and

(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, § 36G.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-209

Formerly cited as MD CODE Art. 27, § 36H

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 2. Handguns

§ 4-209. Regulation of weapons and ammunition

State preemption

(a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

(1) a handgun, rifle, or shotgun; and

(2) ammunition for and components of a handgun, rifle, or shotgun.

Exceptions

(b)(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

(i) with respect to minors;

(ii) with respect to law enforcement officials of the subdivision; and

(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:

(i) the handgun, rifle, or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and

(iii) the person transports the item directly to the law enforcement unit, barracks, or station.

Preexisting local laws

(c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

Discharge of firearms

(d)(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.

(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 712, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 36H.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 4, Subt. 3, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-301

Formerly cited as MD CODE Art. 27, § 36H-1

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines (Refs & Annos)

§ 4-301. “Assault pistol” defined

In this subtitle, “assault pistol” means any of the following firearms or a copy regardless of the producer or manufacturer:

(1) AA Arms AP-9 semiautomatic pistol;

(2) Bushmaster semiautomatic pistol;

(3) Claridge HI-TEC semiautomatic pistol;

(4) D Max Industries semiautomatic pistol;

(5) Encom MK-IV, MP-9, or MP-45 semiautomatic pistol;

(6) Heckler and Koch semiautomatic SP-89 pistol;

(7) Holmes MP-83 semiautomatic pistol;

(8) Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;

(9) Intratec TEC-9/DC-9 semiautomatic pistol in any centerfire variation;

(10) P.A.W.S. type semiautomatic pistol;

(11) Skorpion semiautomatic pistol;

(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);

(13) UZI semiautomatic pistol;

(14) Weaver Arms semiautomatic Nighthawk pistol; or

(15) Wilkinson semiautomatic “Linda” pistol.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36H-1.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-302

Formerly cited as MD CODE Art. 27, § 36H-2

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines (Refs & Annos)

§ 4-302. Scope of subtitle

This subtitle does not apply to:

(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, or law enforcement personnel of the State or a local unit in the State;

(2) a firearm modified to render it permanently inoperative;

(3) purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:

(i) providing or servicing an assault pistol or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section; or

(ii) acting to sell or transfer an assault pistol or detachable magazine to a licensed firearm dealer in another state;

(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault pistols and applicable ammunition and detachable magazines;

(5) the receipt of an assault pistol or detachable magazine by inheritance if the decedent lawfully possessed the assault pistol; or

(6) the receipt of an assault pistol or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36H-2.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-303

Formerly cited as MD CODE Art. 27, § 36H-3

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines (Refs & Annos)

§ 4-303. Assault pistols--Prohibited

In general

(a) Except as provided in subsection (b) of this section, a person may not:

(1) transport an assault pistol into the State; or

(2) possess, sell, offer to sell, transfer, purchase, or receive an assault pistol.

Exception

(b) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:

(1) continue to possess the assault pistol; or

(2) while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 712, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 36H-3.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-304

Formerly cited as MD CODE Art. 27, § 36H-4

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines (Refs & Annos)

§ 4-304. Assault pistols--Seizure and disposition

A law enforcement unit may seize as contraband and dispose of according to regulation an assault pistol transported, sold, transferred, purchased, received, or possessed in violation of this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36H-4.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-305

Formerly cited as MD CODE Art. 27, § 36H-5

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines (Refs & Annos)

§ 4-305. Detachable magazines--Prohibited

Scope

(a) This section does not apply to a .22 caliber rifle with a tubular magazine.

Prohibited

(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 36H-5.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-306

Formerly cited as MD CODE Art. 27, § 36H-6

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 3. Assault Pistols and Detachable Magazines (Refs & Annos)

§ 4-306. Penalties

In general

(a) A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Use in a felony or crime of violence

(b)(1) A person who uses an assault pistol, or a magazine that has a capacity of more than 20 rounds of ammunition, in the commission of a felony or a crime of violence as defined in § 5-101 of the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any other sentence imposed for the felony or crime of violence, shall be sentenced under this subsection.

(2)(i) For a first violation, the person shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.

(ii) The court may not impose less than the minimum sentence of 5 years.

(iii) The mandatory minimum sentence of 5 years may not be suspended.

(iv) Except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.

(3)(i) For each subsequent violation, the person shall be sentenced to imprisonment for not less than 10 years and not exceeding 20 years.

(ii) The court may not impose less than the minimum sentence of 10 years.

(iii) A sentence imposed under this paragraph shall be consecutive to and not concurrent with any other sentence imposed for the felony or crime of violence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 36H-6.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 4, Subt. 4, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-401

Formerly cited as MD CODE Art. 27, § 372

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-401. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Crime of violence

(b)(1) “Crime of violence” means:

(i) murder in any degree;

(ii) manslaughter;

(iii) kidnapping;

(iv) rape in any degree;

(v) assault in the first degree;

(vi) robbery under § 3-402 or § 3-403 of this article;

(vii) burglary in any degree;

(viii) escape in the first degree; or

(ix) theft.

(2) “Crime of violence” includes an attempt to commit a crime listed in paragraph (1) of this subsection.

Machine gun

(c) “Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 372.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-402

Formerly cited as MD CODE Art. 27, § 376; MD CODE Art. 27, § 377; MD CODE Art. 27, § 380

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-402. Possession of machine gun

Evidence of possession

(a) The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.

Exceptions

(b) This subtitle does not prohibit or interfere with:

(1) the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;

(2) the possession of a machine gun for a scientific purpose;

(3) the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;

(4) the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or

(5) the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if:

(i) the machine gun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and

(iii) the person transports the machine gun directly to the law enforcement unit, barracks, or station.

Seizure and confiscation

(c)(1) A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.

(2) On application by the State's Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 712, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, §§ 376, 377, 380.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-403

Formerly cited as MD CODE Art. 27, § 378; MD CODE Art. 27, § 379

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-403. Registration of machine gun

Manufacturer registration

(a)(1) A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.

(2) The register shall contain:

(i) the method of manufacture and serial number of the machine gun;

(ii) the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and

(iii) the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

Inspection of manufacturer stock

(b)(1) On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.

(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

Registration of possession

(c)(1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Police:

(i) within 24 hours after acquiring the machine gun; and

(ii) in each succeeding year during the month of May.

(2) The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.

(3) An application for registration shall contain:

(i) the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;

(ii) the name, address, race, gender, date of birth, Maryland driver's license number, and occupation of the person in possession of the machine gun; and

(iii) the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.

(4) Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.

(5) Registration data provided under this section is not open to public inspection.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 378, 379.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-404

Formerly cited as MD CODE Art. 27, § 373

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-404. Use of machine gun in crime of violence

Prohibited

(a) A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 373.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-405

Formerly cited as MD CODE Art. 27, § 374; MD CODE Art. 27, § 375

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-405. Use of machine gun for aggressive purpose

Presumption of offensive or aggressive purpose

(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:

(1) the machine gun:

(i) is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found;

(ii) is in the possession of, or used by, an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or

(iii) is not registered as required under § 4-403 of this subtitle; or

(2) empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.

Prohibited

(b) A person may not possess or use a machine gun for an offensive or aggressive purpose.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.

Statute of limitations and in banc review

(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 374, 375.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-406

Formerly cited as MD CODE Art. 27, § 382

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-406. Uniformity

This subtitle shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 382.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-407

Formerly cited as MD CODE Art. 27, § 383

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 4. Uniform Machine Gun Act (Refs & Annos)

§ 4-407. Short title

This subtitle may be cited as the Uniform Machine Gun Act.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 383.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-501

Formerly cited as MD CODE Art. 27, § 139A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 5. Destructive Devices

§ 4-501. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Destructive device

(b)(1) “Destructive device” means explosive material, incendiary material, or toxic material that is:

(i) combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property; or

(ii) deliberately modified, containerized, or otherwise equipped with a special delivery, activation, or detonation component that gives the material destructive characteristics of a military ordnance.

(2) “Destructive device” includes a bomb, grenade, mine, shell, missile, flamethrower, poison gas, Molotov cocktail, pipe bomb, and petroleum-soaked ammonium nitrate.

Explosive material

(c)(1) “Explosive material” means material that explodes when detonated and has a destructive capability.

(2) “Explosive material” includes:

(i) explosives as defined in § 11-101 of the Public Safety Article; and

(ii) dynamite for construction work, ammonium nitrate, natural gas in pipelines or storage tanks, ether, and cannisterized oxygen for health care facilities.

(3) “Explosive material” does not include items excluded from explosives in § 11-101 of the Public Safety Article when the items are used in their original configuration.

Incendiary material

(d)(1) “Incendiary material” means a flammable or combustible liquid.

(2) “Incendiary material” includes gasoline, acetone, benzene, butane, jet fuel, fuel oil, kerosene, and diesel fuel.

Toxic material

(e)(1) “Toxic material” means material that is capable of causing death or serious bodily injury almost immediately on being absorbed through the skin, inhaled, or ingested.

(2) “Toxic material” includes:

(i) nerve gas, mustard gas, cyanide gas, chlorine gas, sulphuric acid, or their precursors; and

(ii) a biological substance containing a disease organism or microorganism.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 201, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 139A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-502

Formerly cited as MD CODE Art. 27, § 139B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 5. Destructive Devices

§ 4-502. Scope of subtitle

This subtitle does not apply to:

(1) a member of the armed forces of the United States or of the National Guard or law enforcement personnel of the United States, the State, or a political subdivision of the State while acting within the scope of official duties;

(2) an officer or employee of the United States, the State, or a political subdivision of the State who is authorized to handle a destructive device within the scope of official duties and who is acting within the scope of those duties;

(3) a person authorized by law to possess explosive material, incendiary material, or toxic material who is acting within the scope of authority if the possession of the material is specifically regulated or licensed by law; or

(4) a person who possesses smokeless or black gunpowder under Title 11, Subtitle 1 of the Public Safety Article and uses the gunpowder for loading or reloading small arms ammunition, antique firearms, or replicas of antique firearms.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, § 139B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 4-503

Formerly cited as MD CODE Art. 27, § 139C; MD CODE Art. 27, § 139D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 4. Weapon Crimes

Subtitle 5. Destructive Devices

§ 4-503. Manufacture or possession of destructive device

Prohibited

(a) A person may not knowingly:

(1) manufacture, transport, possess, control, store, sell, distribute, or use a destructive device; or

(2) possess explosive material, incendiary material, or toxic material with intent to create a destructive device.

Penalty

(b)(1) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $250,000 or both.

(2) A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for a crime based on the act or acts establishing the violation of this section.

(3) In addition to any other penalty authorized by law, if the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of the minor for a specified period not to exceed:

(i) for a first violation, 6 months; and

(ii) for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.

Restitution

(c)(1) In addition to any penalty provided in subsection (b) of this section, a person convicted or found to have committed a delinquent act under this section may be ordered by the court to pay restitution to:

(i) the State, county, municipal corporation, bicounty agency, multicounty agency, county board of education, public authority, or special taxing district for actual costs reasonably incurred due to a violation of this section, including the search for, removal of, and damages caused by a destructive device; and

(ii) the owner or tenant of a property for the actual value of any goods, services, or income lost as a result of the evacuation of the property or damage sustained due to a violation of this section.

(2)(i) If a person convicted or found to have committed a delinquent act under this section is a minor, the court may order the minor, the minor's parent, or both to pay the restitution described in paragraph (1) of this subsection.

(ii) Except as otherwise provided in this section, the provisions of Title 11, Subtitle 6 of the Criminal Procedure Article apply to an order of restitution under this paragraph.

(3) This subsection does not limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 429, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, §§ 139C, 139D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 5, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances

UNIFORM CONTROLLED SUBSTANCES ACT (1970, 1990, 1994 ACT)

Jurisdiction

Laws

Effective Date

Statutory Citation

Alabama

1971, No. 140

9-16-1971 [FN*]

Code 1975, §§ 20-2-1 to 20-2-190.

Alaska

1982, c. 45

1-1-1983

AS 11.71.010 to 11.71.900, 17.30.010 to 17.30.900.

Arizona

1979, c. 103

7-1-1980

A.R.S. §§ 36-2501 to 36-2553.

Arkansas [FN2]

1971, No. 590

4-7-1971

A.C.A. §§ 5-64-101 to 5-64-608.

California

1972, c. 1407

3-7-1973

West's Ann.Cal. Health & Safety Code, §§ 11000 to 11657.

Colorado

1981, pp. 707 to 728

West's C.R.S.A. §§ 18-18-101 to 18-18-605.

Connecticut

1967, No. 555

6-21-1967

C.G.S.A. §§ 21a-240 to 21a-283.

Delaware

1972, c. 424

6-13-1972 [FN*]

16 Del.C. §§ 4701 to 4796.

District of Columbia

1981, D.C.Law 4-29

D.C. Official Code, 2001 Ed. §§ 48-901.01 to 48-931.02.

Florida

1973, c. 331

7-1-1973

West's F.S.A. §§ 893.01 to 893.165.

Georgia

1974, p. 221

7-1-1974

O.C.G.A. §§ 16-13-20 to 16-13-56.

Hawaii

1972, c. 10

1-1-1973

HRS §§ 329-1 to 329-128.

Idaho

1971, c. 215

5-1-1971

I.C. §§ 37-2701 to 37-2751.

Illinois

1971, P.A. 77-757

8-16-1971

S.H.A. 720 ILCS 570/100 to 570/603.

Indiana

1976, P.L. 148

7-1-1977

West's A.I.C. 35-48-1-1 to 35-48-7-15.

Iowa

1971, c. 148

7-1-1971

I.C.A. §§ 124.101 to 124.602.

Kansas

1972, c. 234

7-1-1972

K.S.A. 65-4101 to 65-4166.

Kentucky

1972, c. 226

7-1-1972

KRS 218A.010 to 218A.993.

Louisiana

1972, No. 634

7-26-1972

LSA-R.S. 40:961 to 40:995.

Maine

1975, c. 499

5-1-1976

17-A M.R.S.A. §§ 1101 to 1118.

1941, c. 251

4-16-1941

22 M.R.S.A. §§ 2383, 2383-A, 2383-B.

Maryland

2002, c. 26

10-1-2002

Criminal Law, §§ 5-101 to 5-1101.

Massachusetts

1971, c. 1071

7-1-1972

M.G.L.A. c. 94C, §§ 1 to 48.

Michigan

1978, No. 368

9-30-1978

M.C.L.A. §§ 333.7101 to 333.7545.

Minnesota

1971, c. 937

6-18-1971

M.S.A. §§ 152.01 to 152.20.

Mississippi

1971, c. 521

4-16-1971

Code 1972, §§ 41-29-101 to 41-29-185.

Missouri

1971, H.B. No. 69

9-28-1971

V.A.M.S. §§ 195.010 to 195.320.

Montana

1973, c. 412

7-1-1973

MCA 50-32-101 to 50-32-405.

Nebraska

1971, LB 326

5-26-1971

R.R.S.1943, §§ 28-401 to 28-457.

Nevada

1971, c. 667

1-1-1972

N.R.S. 453.011 et seq.

New Jersey

1970, c. 226

1-17-1971

N.J.S.A. 2C:35-1 to 2C:35-24, 2C:36-1 to 2C:36-10, 24:21-1 to 24:21-53.

New Mexico

1972, c. 84

NMSA 1978, §§ 30-31-1 to 30-31-41.

New York

1972, c. 878

4-1-1973

McKinney's Public Health Law §§ 3300 to 3396.

North Carolina

1971, c. 919

1-1-1972

G.S. §§ 90-86 to 90-113.8.

North Dakota

1971, c. 235

7-1-1971

NDCC 19-03.1-01 to 19-03.1-46.

Ohio

1975, p. 269

7-1-1976

R.C. §§ 3719.01 to 3719.99.

Oklahoma

1971, c. 119

9-1-1971

63 Okl.St.Ann. §§ 2-101 to 2-610.

Oregon

1977, c. 745

7-1-1978

ORS 475.005 to 475.285, 475.295, 475.940 to 475.999.

Pennsylvania

1972, No. 64

6-14-1972

35 P.S. §§ 780-101 to 780-144.

Puerto Rico

1971, No. 4

180 days after

24 L.P.R.A. §§ 2101 to 2607.

6-23-1971

Rhode Island

1974, c. 183

7-1-1974

Gen.Laws 1956, §§ 21-28-1.01 to 21-28-6.02.

South Carolina

1971, p. 800

6-17-1971

Code 1976, §§ 44-53-110 to 44-53-590.

South Dakota

1970, c. 229

2-13-1970

SDCL 34-20B-1 to 34-20B-114.

Tennessee

1971, c. 163

7-1-1971

T.C.A. §§ 39-17-401 to 39-17-434, 53-11-301 to 53-11-452.

Texas

1973, c. 429

8-27-1973

V.T.C.A. Health & Safety Code, §§ 481.001 to 482.005.

Utah

1971, c. 145

1-1-1972

U.C.A.1953, 58-37-1 to 58-37-21.

Virgin Islands

1971, No. 2961

30 days foll.

19 V.I.C. §§ 591 to 631.

3-23-1971

Virginia

1970, c. 650

4-5-1970 [FN*]

Code 1950, §§ 54.1-3400 to 54.1-3472.

Washington

1971, c. 308

5-21-1971

West's RCWA §§ 69.50.101 to 69.50.609.

West Virginia

1971, c. 54

6-10-1971

Code, 60A-1-101 to 60A-6-605.

Wisconsin

1971, c. 219

10-1-1972

W.S.A. 961.001 to 961.62.

Wyoming

1971, c. 246

3-4-1971 [FN*]

Wyo.Stat.Ann. §§ 35-7-1001 to 35-7-1060.

[FN1] The 1970, 1990, and 1994 versions of the Uniform Controlled Substances Act, while different, are similar in many of their provisions. The acts of the adopting jurisdictions will, therefore, generally contain many provisions common to all of those versions. Thus, it is often difficult to say with certitude that a jurisdiction has adopted one version of the act rather than another. For that reason, all jurisdictions adopting the Uniform Controlled Substances Act will be carried in an identical table found at the beginning of each of the versions of the act.

[FN2] Note that Arkansas has adopted and retains the major provisions of both the Uniform Narcotic Drug Act and the Uniform Controlled Substances Act. See General Statutory Note, post.

[FN*] Date of approval.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-101

Formerly cited as MD CODE Art. 27, § 277; MD CODE Art. 27, § 287

Effective: May 22, 2008

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 1. Definitions; General Provisions

§ 5-101. Definitions

In general

(a) In this title the following words have the meanings indicated.

Administer

(b) “Administer” means to introduce a substance into the system of a human or animal by injection, inhalation, ingestion, application to the skin, or any combination of those methods or by any other means.

Agent

(c)(1) “Agent” means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider.

(2) “Agent” does not include:

(i) a common carrier, contract carrier, or public warehouseman; or

(ii) an employee of a common carrier, contract carrier, or public warehouseman.

Authorized provider

(d)(1) “Authorized provider” means:

(i) a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research; or

(ii) a pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research.

(2) “Authorized provider” includes:

(i) a scientific investigator;

(ii) an individual authorized by the State to practice medicine, dentistry, or veterinary medicine; and

(iii) an animal control facility licensed under § 2-305 of the Agriculture Article.

Coca leaf

(e)(1) “Coca leaf” includes a leaf containing cocaine, the optical and geometric isomers of cocaine, and any compound, manufactured substance, salt, derivative, mixture, or preparation of a coca leaf.

(2) “Coca leaf” does not include a derivative of a coca leaf that does not contain cocaine, ecgonine, or a substance from which cocaine or ecgonine may be synthesized or made.

Controlled dangerous substance

(f)(1) “Controlled dangerous substance” means:

(i) a drug or substance listed in Schedule I through Schedule V; or

(ii) an immediate precursor to a drug or substance listed in Schedule I through Schedule V that:

1. by regulation the Department designates as being the principal compound commonly used or produced primarily for use to manufacture a drug or substance listed in Schedule I through Schedule V;

2. is an immediate chemical intermediary used or likely to be used to manufacture a drug or substance listed in Schedule I through Schedule V; and

3. must be controlled to prevent or limit the manufacture of a drug or substance listed in Schedule I through Schedule V.

(2) “Controlled dangerous substance” does not include distilled spirits, wine, malt beverages, or tobacco.

Controlled paraphernalia

(g) “Controlled paraphernalia” means:

(1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection;

(2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or

(3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.

Deliver

(h) “Deliver” means to make an actual, constructive, or attempted transfer or exchange from one person to another whether or not remuneration is paid or an agency relationship exists.

Department

(i) “Department” means the Department of Health and Mental Hygiene.

Depressant or stimulant drug

(j) “Depressant or stimulant drug” means a drug that contains any quantity of a substance that the Attorney General of the United States by regulation designates as having a potential for abuse because of:

(1) a depressant or stimulant effect on the central nervous system; or

(2) a hallucinogenic effect.

Dispense

(k)(1) “Dispense” means to deliver to the ultimate user or the human research subject by or in accordance with the lawful order of an authorized provider.

(2) “Dispense” includes to prescribe, administer, package, label, or compound a substance for delivery.

Distribute

(l) “Distribute” means, with respect to a controlled dangerous substance, to deliver other than by dispensing.

Drug

(m)(1) “Drug” means:

(i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary;

(ii) a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(iii) except for food, a substance intended to affect the structure or function of the body of humans or other animals; or

(iv) a substance intended for use as a component of any substance specified in item (i), (ii), or (iii) of this paragraph.

(2) “Drug” does not include a device or an accessory, part, or component of a device.

Drug dependent person

(n) “Drug dependent person” means a person who:

(1) is using a controlled dangerous substance; and

(2) is in a state of psychological or physical dependence, or both, that:

(i) arises from administration of that controlled dangerous substance on a continuous basis; and

(ii) is characterized by behavioral and other responses that include a strong compulsion to take the substance on a continuous basis in order to experience its psychological effects or to avoid the discomfort of its absence.

Drug paraphernalia

(o)(1) “Drug paraphernalia” means equipment, a product, or material that is used, intended for use, or designed for use, in:

(i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance in violation of this title; or

(ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this title.

(2) “Drug paraphernalia” includes:

(i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled dangerous substance or from which a controlled dangerous substance can be derived;

(ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled dangerous substance;

(iii) an isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled dangerous substance;

(iv) testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled dangerous substance;

(v) a scale or balance used, intended for use, or designed for use in weighing or measuring a controlled dangerous substance;

(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a controlled dangerous substance;

(vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(viii) a blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled dangerous substance;

(ix) a capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging small quantities of a controlled dangerous substance;

(x) a container or other object used, intended for use, or designed for use in storing or concealing a controlled dangerous substance;

(xi) a hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled dangerous substance into the human body; and

(xii) an object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:

1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, hashish head, or punctured metal bowl;

2. a water pipe;

3. a carburetion tube or device;

4. a smoking or carburetion mask;

5. an object known as a roach clip used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

6. a miniature spoon used for cocaine and cocaine vials;

7. a chamber pipe;

8. a carburetor pipe;

9. an electric pipe;

10. an air-driven pipe;

11. a chillum;

12. a bong; and

13. an ice pipe or chiller.

Manufacture

(p)(1) “Manufacture”, with respect to a controlled dangerous substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance:

(i) directly or indirectly by extraction from substances of natural origin;

(ii) independently by chemical synthesis; or

(iii) by a combination of extraction and chemical synthesis.

(2) “Manufacture” includes to package and repackage a controlled dangerous substance and label and relabel its containers.

(3) “Manufacture” does not include:

(i) to prepare or compound a controlled dangerous substance by an individual for the individual's own use; or

(ii) to prepare, compound, package, or label a controlled dangerous substance:

1. by an authorized provider incidental to administering or dispensing a controlled dangerous substance in the course of professional practice; or

2. if the controlled dangerous substance is not for sale by an authorized provider, or by the authorized provider's agent under the authorized provider's supervision, for or incidental to research, teaching, or chemical analysis.

Marijuana

(q)(1) “Marijuana” means:

(i) all parts of any plant of the genus Cannabis, whether or not the plant is growing;

(ii) the seeds of the plant;

(iii) the resin extracted from the plant; and

(iv) each compound, manufactured product, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.

(2) “Marijuana” does not include:

(i) the mature stalks of the plant;

(ii) fiber produced from the mature stalks;

(iii) oil or cake made from the seeds of the plant;

(iv) except for resin, any other compound, manufactured product, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

(v) the sterilized seed of the plant that is incapable of germination.

Narcotic drug

(r)(1) “Narcotic drug” means a substance:

(i) that has been found to present an extreme danger to the health and welfare of the community because of addiction-forming and addiction-sustaining qualities;

(ii) that is:

1. an opiate;

2. a compound, manufactured substance, salt, derivative, or preparation of opium, coca leaf, or an opiate; or

3. a substance and any compound, manufactured substance, salt, derivative, or preparation that is chemically identical with a substance listed in items 1 and 2 of this item; and

(iii) that is produced:

1. directly or indirectly by extraction from substances of vegetable origin;

2. independently by chemical synthesis; or

3. by a combination of extraction and chemical synthesis.

(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine.

Noncontrolled substance

(s) “Noncontrolled substance” means a substance that is not classified as a controlled dangerous substance under Subtitle 4 of this title.

Opiate

(t)(1) “Opiate” means a substance that has an addiction-forming or addiction-sustaining quality similar to morphine or that can be converted into a drug that has this addiction-forming or addiction-sustaining quality.

(2) “Opiate” includes:

(i) the racemic and levorotatory forms of an opiate;

(ii) except for seeds, the opium poppy, the plant of the species Papaver somniferum L.;

(iii) the poppy straw consisting of the opium poppy after mowing except the seeds; and

(iv) coca leaf.

(3) “Opiate” does not include, unless specifically designated as controlled under § 5-202 of this title, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan).

Possess

(u) “Possess” means to exercise actual or constructive dominion or control over a thing by one or more persons.

Prescription drug

(v)(1) “Prescription drug” means a drug that:

(i) is intended to be used by an individual; and

(ii) because of its toxicity, other potentiality for harmful effect, method of use, or collateral measures necessary for its use:

1. bears a cautionary label warning a person that under federal law the drug may not be dispensed without a prescription; or

2. is designated by the Department as not safe for use except under the supervision of a person licensed by the State to administer a prescription drug.

(2) “Prescription drug” does not include a controlled dangerous substance.

Produce

(w) “Produce”, with respect to a controlled dangerous substance, includes to manufacture, plant, cultivate, grow, and harvest.

Registrant

(x) “Registrant” means a person who is registered by the Department to manufacture, distribute, or dispense a controlled dangerous substance in the State.

Schedule I

(y) “Schedule I” means a list of controlled dangerous substances that appears in § 5-402 of this title.

Schedule II

(z) “Schedule II” means a list of controlled dangerous substances that appears in § 5-403 of this title.

Schedule III

(aa) “Schedule III” means a list of controlled dangerous substances that appears in § 5-404 of this title.

Schedule IV

(bb) “Schedule IV” means a list of controlled dangerous substances that appears in § 5-405 of this title.

Schedule V

(cc) “Schedule V” means a list of controlled dangerous substances that appears in § 5-406 of this title.

Secretary

(dd) “Secretary” means the Secretary of the Department.

Ultimate user

(ee) “Ultimate user” means a person who lawfully possesses a controlled dangerous substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or by a member of the person's household.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 39, §§ 1, 4, eff. Oct. 1, 2002; Acts 2008, c. 697, § 1, eff. May 22, 2008.

Formerly Art. 27, §§ 277, 287.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-102

Formerly cited as MD CODE Art. 27, § 276

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 1. Definitions; General Provisions

§ 5-102. Legislative findings and purpose of title

Findings

(a) The General Assembly finds that:

(1) many of the substances listed in this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the State; but

(2) the illegal manufacture, distribution, possession, and administration of controlled dangerous substances have a substantial and detrimental effect on the health and general welfare of the people of the State.

Purpose

(b)(1) The purpose of this title is to establish a uniform law to control the manufacture, distribution, possession, and administration of controlled dangerous substances and related paraphernalia to:

(i) ensure their availability for legitimate medical and scientific purposes; but

(ii) prevent their abuse, which results in a serious health problem to the individual and represents a serious danger to the welfare of the people of the State.

(2) This title shall be liberally construed to accomplish this purpose.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 276.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-103

Formerly cited as MD CODE Art. 27, § 300

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 1. Definitions; General Provisions

§ 5-103. Scope of title

Sales of prescription drug

(a)(1) Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:

(i) made to an authorized provider; or

(ii) made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to:

1. another manufacturer, wholesale distributor, or pharmacist licensed by the State; or

2. a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge.

(2) A sale is exempt from this title only if a record of the sale:

(i) is maintained and available for inspection; and

(ii) shows the date of sale, the name and address of the purchaser, and the quantity purchased.

Drug for farm use; certain drugs previously available without prescription

(b) This title does not apply to:

(1) the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;

(2) the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or

(3) a drug that on June 1, 1961, could be sold without a prescription.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-201

Formerly cited as MD CODE Art. 27, § 296

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 2. Powers and Responsibilities of Department

§ 5-201. Enforcement of title

In general

(a) The Department, those of its officers, agents, inspectors, and representatives whom the Secretary designates, and each police officer and State's Attorney in the State shall:

(1) enforce the provisions of this title that are not specifically delegated; and

(2) cooperate with each unit that enforces any federal, state, or local law relating to controlled dangerous substances.

Optional programs

(b) The Department may:

(1) arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;

(2) coordinate and cooperate in training programs on dangerous substance law enforcement at the local and State levels;

(3) eradicate wild or unlawfully grown plants from which controlled dangerous substances may be extracted; and

(4) cooperate with the federal Drug Enforcement Administration by establishing a centralized unit that will:

(i) accept, catalogue, file, and collect statistics obtained from law-enforcement units, including records of drug dependent persons convicted of drug crimes and of other offenders who violate dangerous substance laws in the State; and

(ii) make the statistics available for federal, State, and local law-enforcement purposes.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 296.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-202

Formerly cited as MD CODE Art. 27, § 278

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 2. Powers and Responsibilities of Department

§ 5-202. Control of substances

In general

(a) The Department shall control all substances listed in Subtitle 4 of this title.

Additional substances

(b) In accordance with the Administrative Procedure Act, [FN1] the Department may add a substance as a controlled dangerous substance on its own initiative or on the petition of an interested party.

Factors for consideration

(1) the actual or relative potential for abuse of the substance;

(2) if known, scientific evidence of the pharmacological effect of the substance;

(3) the state of current scientific knowledge regarding the substance;

(4) the history and current pattern of abuse of the substance;

(5) the scope, duration, and significance of abuse of the substance;

(6) any risk that the substance poses to the public health;

(7) the ability of the substance to cause psychological or physiological dependence; and

(8) whether the substance is an immediate precursor of a controlled dangerous substance.

Findings and order

(d) After considering the factors listed in subsection (c) of this section, the Department shall:

(1) make findings with respect to those factors; and

(2) issue an order to control the substance if the Department finds that the substance has a potential for abuse.

Precursors

(e) If the Department designates a substance as an immediate precursor of a controlled dangerous substance, a substance that is a precursor of the immediate precursor is not subject to control solely because it is a precursor of the immediate precursor.

Objection to inclusion

(f)(1) A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion.

(2) If the Department objects, it shall publish the reasons for the objection and give each interested party an opportunity to be heard.

(3) After the hearing, the Department shall publish its decision, which is final.

(4) An action for judicial review of a final decision made in accordance with this section does not stay the effect of the decision.

Schedule update and republication

(g) The Department annually shall update and republish a schedule.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 278.

[FN1] State Government § 10-101 et seq.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-203

Formerly cited as MD CODE Art. 27, § 280; MD CODE Art. 27, § 302

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 2. Powers and Responsibilities of Department

§ 5-203. Regulations

The Department may adopt regulations to implement this title.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 280, 302.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-204

Formerly cited as MD CODE Art. 27, § 280

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 2. Powers and Responsibilities of Department

§ 5-204. Fees

The Department may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances in the State.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 280.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-301

Formerly cited as MD CODE Art. 27, § 281

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-301. Registration required

In general

(a)(1) Except as otherwise provided in this section, a person shall be registered by the Department before the person manufactures, distributes, or dispenses a controlled dangerous substance in the State.

(2) The Department shall adopt regulations to carry out this subsection.

Separate registration for each location

(b) An applicant must register separately each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses a controlled dangerous substance.

Scope of registration

(c) To the extent authorized by the registration and subject to subsection (b) of this section and this subtitle, a person registered by the Department under this subtitle may:

(1) possess, manufacture, distribute, or dispense controlled dangerous substances; and

(2) perform any activity listed in item (1) of this subsection to conduct research.

Exceptions

(d) A person need not register with the Department to possess a controlled dangerous substance while acting in the course of the person's business or profession if the person is:

(1) an agent or agent's employee of a registered manufacturer, distributor, or dispenser of a controlled dangerous substance;

(2) a common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman; or

(3) an ultimate user or person in possession of a controlled dangerous substance acting in good faith in accordance with a lawful order of an authorized provider.

Waiver

(e) If the Department finds that a waiver is consistent with public health and safety, by regulation, the Department may waive the registration requirement for a manufacturer, distributor, or dispenser.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 281.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-302

Formerly cited as MD CODE Art. 27, § 281

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-302. Term of registration

Expiration of registration

(a) A registration expires on the date set by the Department unless it is renewed for an additional term as provided in this section.

Renewal of registration

(b) A registration may not be renewed for more than 2 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 91, § 1, eff. July 1, 2005.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-303

Formerly cited as MD CODE Art. 27, § 281; MD CODE Art. 27, § 284

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-303. Manufacturers and distributors

Department to register applicants

(a) Unless the Department determines that the issuance of the registration is inconsistent with the public interest, the Department shall register an applicant to manufacture or distribute controlled dangerous substances included in Schedule I through Schedule V.

Factors to determine public interest

(b) To determine the public interest, the Department shall consider:

(1) the maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or Schedule II substance compounded from a controlled dangerous substance into other than legitimate medical, scientific, or industrial channels;

(2) compliance with applicable federal, State, and local law;

(3) any convictions of the applicant under federal, State, and local laws relating to the manufacture, distribution, or dispensing of controlled dangerous substances;

(4) the applicant's experience in the manufacture and distribution of controlled dangerous substances and the effectiveness of the applicant's controls against diversion; and

(5) any other factor that is relevant to and consistent with public health and safety.

Scope of registration

(c)(1) A registrant may manufacture or distribute only a controlled dangerous substance that is specified in the registration.

(2) A manufacturer or distributor who complies with federal law on registration, other than fees, is deemed to have complied with this section.

Order forms

(d)(1) A registrant may distribute controlled dangerous substances in Schedule I and Schedule II only in accordance with an order form.

(2) A registrant who complies with federal law on order forms for Schedule I and Schedule II is deemed to have complied with this subsection.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 281, 284.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-304

Formerly cited as MD CODE Art. 27, § 281

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-304. Authorized providers

Registration required

(a) If an authorized provider is authorized to dispense or conduct research under State law, the Department shall register the authorized provider to dispense a controlled dangerous substance or to conduct research with a controlled dangerous substance listed in Schedule II through Schedule V.

Separate registration not required

(b) The Department need not require separate registration under this section for an authorized provider who is:

(1) engaged in research with a nonnarcotic controlled dangerous substance in Schedule II through Schedule V; and

(2) already registered under this subtitle in another capacity.

Federal registration

(c) An authorized provider may conduct research in the State with a controlled dangerous substance listed in Schedule I if the authorized provider is registered under federal law to conduct research with a controlled dangerous substance listed in Schedule I and gives evidence of the registration to the Department.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 281.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-305

Formerly cited as MD CODE Art. 27, § 281

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-305. Inspections

In accordance with regulations that the Department adopts, the Department may inspect the establishment of a registrant or applicant for registration.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 281.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-306

Formerly cited as MD CODE Art. 27, § 283

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-306. Required record keeping

Scope of section

(a) This section does not apply to an authorized provider who lawfully prescribes or administers, but does not otherwise dispense, a controlled dangerous substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V.

Records required

(b)(1) A registrant shall make a complete and accurate record of all stocks of controlled dangerous substances on hand every 2 years during the regular fiscal inventory.

(2) The registrant shall keep the record for 2 years.

Contents of records and inventories

Compliance with federal law

(d) A registrant who complies with federal law on records and reports is deemed to have complied with this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 283.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-307

Formerly cited as MD CODE Art. 27, § 282

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-307. Suspensions, revocations, and denials--Grounds

In general

(a) Subject to the notice and hearing provisions of § 5-308 of this subtitle, the Department may deny a registration to any applicant, suspend or revoke a registration, or refuse to renew a registration if the Department finds that the applicant or registrant:

(1) has materially falsified an application filed in accordance with or required by this title;

(2) has been convicted of a crime under federal law or the law of any state relating to a controlled dangerous substance;

(3) has had federal registration suspended or revoked and may no longer manufacture, distribute, or dispense a controlled dangerous substance; or

(4) has violated this title.

Limits on revocation or suspension

(b) The Department may limit revocation or suspension of a registration to the particular controlled dangerous substance for which grounds for revocation or suspension exist.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 282.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-308

Formerly cited as MD CODE Art. 27, § 282

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-308. Suspensions, revocations, and denials--Notice and hearing

Order to show cause required

(a)(1) Before the Department takes action under § 5-307 of this subtitle, the Department shall serve on the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or its renewal refused.

(2) The order to show cause shall:

(i) contain a statement of the basis of the proposed denial, revocation, suspension, or refusal; and

(ii) order the applicant or registrant to appear before the Department at a time and place stated in the order, but not less than 30 days after the date of receipt of the order.

(3) If the Department proposes to deny a renewal of registration, the order to show cause shall be served at least 30 days before the registration expires.

Conduct of proceedings

(b) Proceedings to deny, revoke, or suspend a registration or renewal of a registration shall be conducted in accordance with the Administrative Procedure Act. [FN1]

Proceedings independent of criminal prosecution

(c)(1) The proceedings under this section shall be independent of and not instead of any criminal prosecution or other proceeding under State law.

(2) Except as provided in subsection (d) of this section, an existing registration:

(i) is not abated by proceedings to refuse renewal of registration; and

(ii) shall remain in effect pending the outcome of the proceedings under this section.

Suspensions during imminent public danger

(d)(1) The Department may suspend a registration simultaneously with the institution of proceedings under this section if the Department finds that an imminent danger exists to public health or safety.

(2) The suspension shall continue until the earliest of:

(i) the end of all proceedings, including any judicial review;

(ii) withdrawal by the Department of the suspension; or

(iii) dissolution of the suspension by the appropriate circuit court.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 282.

[FN1] State Government § 10-101 et seq.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-309

Formerly cited as MD CODE Art. 27, § 282

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-309. Placing under seal and disposing of controlled dangerous substances

Placing under seal

(a) If the Department suspends or revokes a registration, the Department may place under seal all controlled dangerous substances that the registrant owns or possesses at the time of the suspension or revocation in accordance with the registration.

Disposition after time for appeals

(b) Unless the court on request orders the sale of perishable substances and the deposit of the proceeds of the sale with the court, a disposition may not be made of controlled dangerous substances under seal until the time for taking an appeal has elapsed or until all appeals end.

Forfeiture of controlled dangerous substances

(c) When a revocation order becomes final, all controlled dangerous substances placed under seal in accordance with this section shall be forfeited to the State.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 282.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-310

Formerly cited as MD CODE Art. 27, § 282

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 3. Registration of Manufacturers, Distributors, and Dispensers

§ 5-310. Notice to Drug Enforcement Administration

The Department shall notify promptly the federal Drug Enforcement Administration of each order that suspends or revokes registration and each forfeiture of a controlled dangerous substance under this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 282.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-401

Formerly cited as MD CODE Art. 27, § 277

Effective: April 12, 2011

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 4. Schedules

§ 5-401. In general

Names of controlled dangerous substances

(a) The substances included in the schedules in this subtitle are controlled dangerous substances whether designated by official name, common or usual name, chemical name, or trade name.

Depressant or stimulant drug--Construction

(b) For purposes of this subtitle, a drug is a depressant or stimulant drug if:

(1) it is lysergic acid diethylamide; or

(2) it contains any quantity of:

(i) barbituric acid or a salt of barbituric acid;

(ii) a derivative of barbituric acid that is designated as habit forming under the Federal Food, Drug, and Cosmetic Act;

(iii) amphetamine or its optical isomers;

(iv) a salt of amphetamine or a salt of an optical isomer of amphetamine;

(v) a substance that the Attorney General of the United States designates as habit-forming because of its stimulant effect on the central nervous system; or

(vi) a substance that the Attorney General of the United States designates as having a potential for abuse because of:

1. a depressant or stimulant effect on the central nervous system; or

2. a hallucinogenic effect.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2011, c. 65, § 1, eff. April 12, 2011.

Formerly Art. 27, § 277.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-402

Formerly cited as MD CODE Art. 27, § 279

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 4. Schedules

§ 5-402. Schedule I

In general

(a) Schedule I consists of each controlled dangerous substance:

(1) listed in this section;

(2) added to Schedule I by the Department under § 5-202(b) of this title; or

(3) designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Core substances

(b)(1) These substances are listed in Schedule I:

(i) acetylmethadol;

(ii) alfentanil;

(iii) allylprodine;

(iv) alphacetylmethadol, except levoalphacetylmethadol;

(v) alphameprodine;

(vi) alphamethadol;

(vii) benzethidine;

(viii) betacetylmethadol;

(ix) betameprodine;

(x) betamethadol;

(xi) betaprodine;

(xii) clonitazene;

(xiii) dextromoramide;

(xiv) dextrorphan;

(xv) diampromide;

(xvi) diethylthiambutene;

(xvii) dimenoxadol;

(xviii) difenoxin;

(xix) dimepheptanol;

(xx) dimethylthiambutene;

(xxi) dioxaphetyl butyrate;

(xxii) dipipanone;

(xxiii) ethylmethylthiambutene;

(xxiv) etonitazene;

(xxv) etoxeridine;

(xxvi) furethidine;

(xxvii) hydroxypethidine;

(xxviii) ketobemidone;

(xxix) levomoramide;

(xxx) levophenacylmorphan;

(xxxi) morpheridine;

(xxxii) noracymethadol;

(xxxiii) norlevorphanol;

(xxxiv) normethadone;

(xxxv) norpipanone;

(xxxvi) phenadoxone;

(xxxvii) phenampromide;

(xxxviii) phenomorphan;

(xxxix) phenoperidine;

(xl) piritramide;

(xli) proheptazine;

(xlii) properidine;

(xliii) propiram;

(xliv) racemoramide; and

(xlv) trimeperidine.

(2) Unless specifically excepted under this subtitle, an isomer, ester, ether, or salt of a substance listed in this subsection or a salt of the isomer, ester, or ether is a substance listed in Schedule I if the existence of the isomer, ester, ether, or salt is possible within the specific chemical designation.

Opium derivatives

(c)(1) These opium derivatives are substances listed in Schedule I:

(i) acetorphine;

(ii) acetyldihydrocodeine;

(iii) acetylocodone;

(iv) benzylmorphine;

(v) codeine methylbromide;

(vi) codeine-N-oxide;

(vii) codoxime;

(viii) cyprenorphine;

(ix) desomorphine;

(x) dihydromorphine;

(xi) drotebanol;

(xii) ethylmorphine methyliodide;

(xiii) etorphine;

(xiv) etorphine 3-methylether;

(xv) heroin;

(xvi) hydromorphinol;

(xvii) methyldesorphine;

(xviii) methyldihydromorphinone;

(xix) methylhydromorphine;

(xx) morphine methylbromide;

(xxi) morphine methylchloride;

(xxii) morphine methylsulfonate;

(xxiii) morphine-N-oxide;

(xxiv) myrophine;

(xxv) nicocodeine;

(xxvi) nicodicodine;

(xxvii) nicomorphine;

(xxviii) norcodeine;

(xxix) normorphine;

(xxx) pholcodine; and

(xxxi) thebacon.

(2) Unless specifically excepted under this subtitle, a salt, isomer, or salt of an isomer of a substance listed in this subsection is a Schedule I substance if the existence of the salt, isomer, or salt of an isomer is possible within the specific chemical designation.

Hallucinogens

(d)(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:

(i) bufotenine;

(ii) diethyltryptamine;

(iii) dimethyltryptamine;

(iv) 4-methyl-2, 5-dimethoxyamphetamine;

(v) ibogaine;

(vi) lysergic acid diethylamide;

(vii) marijuana;

(viii) mescaline;

(ix) peyote;

(x) psilocybin;

(xi) psilocyn;

(xii) tetrahydrocannabinol;

(xiii) thiophene analog of phencyclidine;

(xiv) 2, 5-dimethoxyamphetamine;

(xv) 4-bromo-2, 5-dimethoxyamphetamine;

(xvi) 4-methoxyamphetamine;

(xvii) 3, 4-methylenedioxyamphetamine;

(xviii) 3, 4-methylenedioxymethamphetamine (MDMA);

(xix) 5-methoxy-3, 4-methylenedioxyamphetamine;

(xx) 3, 4, 5-trimethoxyamphetamine;

(xxi) N-methyl-3-piperidyl benzilate;

(xxii) N-ethyl-3-piperidyl benzilate;

(xxiii) N-ethyl-1-phenylcyclohexylamine;

(xxiv) 1-(1-phenylcyclohexyl)-pyrrolidine;

(xxv) 1-(1-(2-thienyl)-cyclohexyl)-piperidine;

(xxvi) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);

(xxvii) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP);

(xxviii) 3, 4-methylenedioxymethcathinone (methylone);

(xxix) 3, 4-methylenedioxypyrovalerone (MDPV);

(xxx) 4-methylmethcathinone (mephedrone);

(xxxi) 4-methoxymethcathinone (methedrone);

(xxxii) 4-fluoromethcathinone (flephedrone); and

(xxxiii) 3-fluoromethcathinone (3-FMC).

(2) Unless specifically excepted under this subtitle, a salt, isomer, or salt of an isomer of a substance listed in this subsection is a substance listed in Schedule I if the existence of the salt, isomer, or salt of an isomer is possible within the specific chemical designation.

Depressants

(e)(1) Unless specifically excepted under this subtitle or listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system is a substance listed in Schedule I:

(i) mecloqualone;

(ii) methaqualone; and

(iii) a salt, isomer, or salt of an isomer of a substance listed in this paragraph if the existence of the salt, isomer, or salt of an isomer is possible within the specific chemical designation.

(2) Any material, compound, mixture, or preparation that contains any of the following substances is a substance listed in Schedule I:

(i) 3-methylfentanyl (N-3-methyl-1-(2-phenylethyl)-4-piperidyl-1-N-phenylpropanamide), its optical and geometric isomers, salts, and salts of isomers;

(ii) acetyl-alpha-methylfentanyl;

(iii) alpha-methylthiofentanyl;

(iv) benzylfentanyl;

(v) beta-hydroxy-3-methylfentanyl;

(vi) beta-hydroxyfentanyl;

(vii) thenylfentanyl;

(viii) thiofentanyl; and

(ix) 3-methylthiofentanyl.

Analogues

(f)(1) In this subsection:

(i) “controlled dangerous substance analogue” means a substance:

1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance listed in Schedule I or Schedule II; and

2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance listed in Schedule I or Schedule II; but

(ii) “controlled dangerous substance analogue” does not include:

1. a controlled dangerous substance;

2. a substance for which there is an approved new drug application; or

3. a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act. [FN1]

(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance listed in Schedule I.

Required factors for adding substance

(g) The Department may not add a substance to Schedule I under § 5-202 of this title unless the Department finds:

(1) a high potential for abuse of the substance;

(2) no accepted medical use in the United States for the substance; and

(3) a lack of accepted safety for use of the substance under medical supervision.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2012, c. 384, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, § 279.

[FN1] June 25, 1938, ch. 675, 52 Stat. 1040, codified at 21 U.S.C.A. § 301 et seq.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-403

Formerly cited as MD CODE Art. 27, § 279

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 4. Schedules

§ 5-403. Schedule II

In general

(a) Schedule II consists of each controlled dangerous substance:

(1) listed in this section;

(2) added to Schedule II by the Department under § 5-202(b) of this title; or

(3) designated as a Schedule II controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Core substances

(b)(1) Unless the substance is listed in another schedule and except as provided in paragraph (2) of this subsection, opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate is a substance listed in Schedule II, including:

(i) raw opium;

(ii) opium extracts;

(iii) opium fluid;

(iv) powdered opium;

(v) granulated opium;

(vi) tincture of opium;

(vii) codeine;

(viii) ethylmorphine;

(ix) etorphine hydrochloride;

(x) hydrocodone;

(xi) hydromorphone;

(xii) metopon;

(xiii) morphine;

(xiv) oxycodone;

(xv) oxymorphone; and

(xvi) thebaine.

(2) Apomorphine, dextrorphan, nalbuphine, naloxone, and naltrexone, and their respective salts, are not substances listed in Schedule II.

(3) Substances listed in Schedule II also include:

(i) except for the isoquinoline alkaloids of opium, a salt, compound, derivative, or preparation that is chemically equivalent or identical to a substance listed in paragraph (1) of this subsection;

(ii) opium poppy and poppy straw;

(iii) coca leaf;

(iv) cocaine, its salts, optical and geometric isomers, and salts of isomers;

(v) ecgonine, its derivatives, their salts, isomers, and salts of isomers; and

(vi) a compound, mixture, or preparation that contains any of the substances listed in this section.

(4) A substance that is listed in Schedule II is included whether produced:

(i) directly or indirectly by extraction from substances of vegetable origin;

(ii) independently by chemical synthesis; or

(iii) by a combination of extraction and chemical synthesis.

Certain opiates

(c)(1) These opiates are substances listed in Schedule II:

(i) alphaprodine;

(ii) anileridine;

(iii) bezitramide;

(iv) dihydrocodeine;

(v) diphenoxylate;

(vi) fentanyl;

(vii) isomethadone;

(viii) levoalphacetylmethadol;

(ix) levomethorphan;

(x) levorphanol;

(xi) metazocine;

(xii) methadone;

(xiii) methadone--intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(xiv) moramide--intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

(xv) pethidine;

(xvi) pethidine--intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine;

(xvii) pethidine--intermediate--B, ethyl-4-phenylpiperidine-4-carboxylate;

(xviii) pethidine--intermediate--C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(xix) phenazocine;

(xx) piminodine;

(xxi) racemethorphan;

(xxii) racemorphan; and

(xxiii) sulfentanil.

(2) Unless specifically excepted under this subtitle, an isomer, ester, ether, or salt of an opiate and a salt of an isomer, ester, or ether is a substance listed in Schedule II if the existence of the isomer, ester, ether, or salt is possible within the specific chemical designation.

Stimulants

(d) A substance is listed in Schedule II if the substance includes a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) phenmetrazine and its salts;

(3) a substance that contains any methamphetamine, including salts, optical isomers, and salts of its optical isomers, in combination with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

(4) methylphenidate; and

(5) methamphetamine, its salts, optical isomers, and salts of optical isomers.

Depressants

(e)(1) Unless specifically excepted under this subtitle or listed in another schedule, a substance is listed in Schedule II if the substance includes a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system:

(i) amobarbital;

(ii) secobarbital;

(iii) pentobarbital;

(iv) phencyclidine;

(v) 1-(1-phenylcyclohexyl) piperidine;

(vi) 1-phenylcyclohexylamine; and

(vii) 1-piperidinocyclohexanecarbonitrile.

(2) Unless specifically excepted under this subtitle or listed in another schedule, a salt, isomer, or salt of an isomer of a substance listed in this subsection is included in Schedule II if the existence of the salt, isomer, or salt of an isomer is possible within the specific chemical designation.

Required factors for adding substance

(f) The Department may not add a substance to Schedule II under § 5-202 of this title unless the Department finds:

(1) a high potential for abuse of the substance;

(2) currently accepted medical use of the substance in the United States, or currently accepted medical use with severe restrictions; and

(3) evidence that abuse of the substance may lead to severe psychological or physical dependence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 279.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-404

Formerly cited as MD CODE Art. 27, § 277; MD CODE Art. 27, § 279

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 4. Schedules

§ 5-404. Schedule III

In general

(a) Schedule III consists of each controlled dangerous substance:

(1) listed in this section;

(2) added to Schedule III by the Department under § 5-202(b) of this title; or

(3) designated as a Schedule III controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Nalorphine and anabolic steroid

(b)(1) Substances listed in Schedule III include:

(i) nalorphine; and

(ii) except as provided in paragraph (2) of this subsection, an anabolic steroid consisting of a material, compound, or preparation that includes:

1. boldenone;

2. chlorotestosterone;

3. clostebol;

4. dehydrochlormethyltestosterone;

5. dihydrotestosterone;

6. drostanolone;

7. ethylestroenol;

8. fluoxymesterone;

9. formobulone;

10. mesterolone;

11. methandienone;

12. methandranone;

13. methandriol;

14. methandrostenolone;

15. methenolone;

16. methyltestosterone;

17. mibolerone;

18. nandrolone;

19. norethandrolone;

20. oxandrolone;

21. oxymesterone;

22. oxymetholone;

23. stanolone;

24. stanozolol;

25. testolactone;

26. testosterone;

27. trenbolone; and

28. any isomer, ester, salt, or derivative of a substance listed in this paragraph.

(2) The following substances are not included in Schedule III:

(i) an estrogen, progestin, or corticosteroid; or

(ii) a substance covered by paragraph (1) of this subsection if:

1. expressly intended for administration through implants to cattle or other nonhuman species; and

2. approved for that use by the Food and Drug Administration.

Stimulants

(c)(1) Unless listed in another schedule, a substance is listed in Schedule III if the substance includes a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system:

(i) benzphetamine;

(ii) chlorphentermine;

(iii) clortermine;

(iv) mazindol; and

(v) phendimetrazine.

(2) Subject to paragraph (3) of this subsection, substances in Schedule III include:

(i) a salt of a substance listed in this subsection;

(ii) an optical, position, or geometric isomer of a substance listed in this subsection; or

(iii) a salt of an isomer of a substance listed in this subsection.

(3) Unless listed in another schedule, a salt, isomer, or salt of an isomer described in paragraph (2) of this subsection may be included in Schedule III only if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation.

Depressants

(d) Unless listed in another schedule, a substance is listed in Schedule III if the substance includes a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) except those substances that are specifically listed in other schedules, a substance that contains any quantity of a derivative of barbituric acid, or a salt of a derivative of a barbituric acid;

(2) chlorhexadol;

(3) glutethimide;

(4) lysergic acid;

(5) lysergic acid amide;

(6) methyprylon;

(7) pentazocine;

(8) sulfondiethylmethane;

(9) sulfonethylmethane; and

(10) sulfonmethane.

Narcotic drugs

(e)(1) Substances listed in Schedule III include a material, compound, mixture, or preparation that contains limited quantities of any of these narcotic drugs or their salts:

(i) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(ii) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(iii) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(iv) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(v) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(vi) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(vii) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(viii) not more than 100 milligrams of opium per 100 milliliters or per 100 grams, or not more than 5 milligrams per dosage unit; and

(ix) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(2) Substances listed in Schedule III include a compound, mixture, or preparation or salt of a compound, mixture, or preparation and another active medicinal ingredient that is not listed in another schedule and that contains:

(i) amobarbital;

(ii) secobarbital; or

(iii) pentobarbital.

(3) If not combined with one or more active medicinal ingredients that are listed in another schedule, substances listed in Schedule III include a suppository dosage form or salt of a suppository dosage that contains:

(i) amobarbital;

(ii) secobarbital; or

(iii) pentobarbital.

Other drugs

(f) Substances listed in Schedule III include:

(1) dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration-approved product; and

(2) ketamine, its salts, isomers, and salts of isomers.

Required factors for adding substance

(g) The Department may not add a substance to Schedule III under § 5-202 of this title unless the Department finds:

(1) a potential for abuse of the substance that is less than that for the substances listed in Schedule I and Schedule II;

(2) well documented and approved medical use of the substance in the United States; and

(3) evidence that abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 277, 279.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-405

Formerly cited as MD CODE Art. 27, § 279

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 4. Schedules

§ 5-405. Schedule IV

In general

(a) Schedule IV consists of each controlled dangerous substance:

(1) listed in this section;

(2) added to Schedule IV by the Department under § 5-202(b) of this title; or

(3) designated as a Schedule IV controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Core substances

(b) Substances listed in Schedule IV include a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) barbital;

(2) bromazepam;

(3) camazepam;

(4) chloral betaine;

(5) chloral hydrate;

(6) ethchlorvynol;

(7) chlordiazepoxide;

(8) clobazam;

(9) clonazepam;

(10) clorazepate;

(11) clotiazepam;

(12) cloxazolam;

(13) delorazepam;

(14) diazepam;

(15) estazolam;

(16) ethinamate;

(17) ethylloflazepate;

(18) fludiazepam;

(19) flunitrazepam;

(20) flurazepam;

(21) halazepam;

(22) haloxazolam;

(23) ketazolam;

(24) loprazolam;

(25) lorazepam;

(26) lormetazepam;

(27) mebutamate;

(28) medazepam;

(29) methohexital;

(30) meprobamate;

(31) methylphenobarbital;

(32) nimetazepam;

(33) nitrozepam;

(34) nordiazepam;

(35) oxazepam;

(36) oxazolam;

(37) paraldehyde;

(38) petrichloral;

(39) phenobarbital;

(40) pinazepam;

(41) prazepam;

(42) temazepam;

(43) tetrazepam; and

(44) triazolam.

Fenfluramine

(1) a material, compound, mixture, or preparation that contains fenfluramine; and

(2) if its existence is possible:

(i) a salt of fenfluramine;

(ii) an optical, position, or geometric isomer of fenfluramine; and

(iii) a salt of an isomer of fenfluramine.

Stimulants

(d) Substances listed in Schedule IV include a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) diethylpropion;

(2) pemoline, including organometallic complexes and their chelates; and

(3) phentermine.

Exemptions

(e) By regulation, the Department may exempt from this section a compound, mixture, or preparation that contains a depressant substance listed in subsection (b) of this section if:

(1) the compound, mixture, or preparation contains an active medicinal ingredient that does not have a depressant effect on the central nervous system; and

(2) the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a depressant effect on the central nervous system.

Required factors for adding substance

(f) The Department may not add a substance to Schedule IV under § 5-202 of this title unless the Department finds that:

(1) the substance has a low potential for abuse relative to the substances listed in Schedule III;

(2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 279.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-406

Formerly cited as MD CODE Art. 27, § 279

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 4. Schedules

§ 5-406. Schedule V

In general

(a) Schedule V consists of each controlled dangerous substance:

(1) listed in this section;

(2) added to Schedule V by the Department under § 5-202(b) of this title; or

(3) designated as a Schedule V controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Core substances

(b) A substance is listed in Schedule V if the substance includes a compound, mixture, or preparation that contains the following quantities of narcotic drugs or their salts:

(1)(i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

(ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(iii) not more than 50 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; or

(v) unless specifically excepted under this subtitle, or unless listed in another schedule, any material, compound, mixture, or preparation containing buprenorphine or its salt; and

(2) nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone.

Required factors for adding substance

(1) the substance has a low potential for abuse relative to the substances listed in Schedule IV;

(2) the substance has currently accepted medical use in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 279.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-501

Formerly cited as MD CODE Art. 27, § 285

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 5. Prescriptions

§ 5-501. Dispensing of certain substances listed in Schedule II

Written prescription required

(a) Except as provided in subsection (b) of this section, a person may not dispense a controlled dangerous substance without a written prescription from an authorized provider if the substance is:

(1) listed in Schedule II; and

(2) a drug to which § 21-220 of the Health--General Article applies.

Exceptions

(b) A controlled dangerous substance to which subsection (a) of this section applies may be dispensed without a written prescription by:

(1) an authorized provider who:

(i) is not a pharmacist; and

(ii) dispenses the controlled dangerous substance directly to an ultimate user; or

(2) a pharmacist if:

(i) an emergency exists;

(ii) the pharmacist dispenses the drug under regulations of the Department on an oral prescription that the pharmacist reduces promptly to writing and keeps on file; and

(iii) federal law authorizes the oral prescription.

Records and inventories

(c) A prescription for a controlled dangerous substance listed in Schedule II shall be kept on file in conformity with the requirements for records and inventories under § 5-306 of this title.

Refill prohibited

(d) A person may not refill a prescription for a controlled dangerous substance listed in Schedule II.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 285.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-502

Formerly cited as MD CODE Art. 27, § 285

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 5. Prescriptions

§ 5-502. Methadone

An authorized provider may not dispense methadone, directly or by prescription, unless:

(1) the authorized provider is associated with a controlled drug therapy program authorized by the Alcohol and Drug Abuse Administration of the Department; or

(2) an emergency or medical situation exists under regulations that the Department adopts in cooperation with the Medical and Chirurgical Faculty of Maryland.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 285.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-503

Formerly cited as MD CODE Art. 27, § 285

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 5. Prescriptions

§ 5-503. Opium

“Opium” defined

(a) In this section, “opium” includes:

(1) codeine; and

(2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium.

Prescription required; exceptions

(b)(1) Except on a valid prescription of an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not dispense, give, or sell a preparation containing opium or any of its derivatives.

(2) This subsection does not apply to:

(i) a sale made to an authorized provider; or

(ii) a sale made by a manufacturer, distributor, or licensed pharmacy to a hospital or institution that operates a dispensary in which an authorized provider is in charge.

Possession of opium

(c)(1) Except on a prescription from an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not possess or control a preparation containing opium or its derivatives.

(2) A person may possess or control a preparation containing opium or its derivatives if the possession or control is in the regular course of lawful business, occupation, profession, employment, or duty of the person.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, a fine not exceeding $1,000;

(2) for a second violation, a fine not exceeding $2,000; or

(3) for each subsequent violation, imprisonment not exceeding 18 months.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 285.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-504

Formerly cited as MD CODE Art. 27, § 285

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 5. Prescriptions

§ 5-504. Substance listed in Schedule III or Schedule IV

Dispensing of substance without prescription

(a) Except when dispensed directly to an ultimate user by an authorized provider who is not a pharmacist, a controlled dangerous substance listed in Schedule III or Schedule IV that is a drug to which § 21-220 of the Health--General Article applies may not be dispensed without a written or oral prescription.

Prescription fills and refills

(b) Unless renewed by the authorized provider, the prescription may not be:

(1) filled or refilled more than 6 months after the date of prescription; or

(2) refilled more than five times.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 285.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-505

Formerly cited as MD CODE Art. 27, § 285

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 5. Prescriptions

§ 5-505. Substance listed in Schedule V

Distribution or dispensing only for medical purposes

(a) A controlled dangerous substance listed in Schedule V may not be distributed or dispensed except for a medical purpose.

Required labels

(b) When dispensing the controlled dangerous substance, an authorized provider shall securely affix to the container, in addition to any other label already there, a label with:

(1) the dispenser's name, signature, and registry number;

(2) the date on which the controlled dangerous substance is dispensed; and

(3) the purchaser's name.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 285.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, T. 5, Subt. 6, Refs & Annos

West's Annotated Code of Maryland Currentness

Criminal Law

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-601

Formerly cited as MD CODE Art. 27, § 287

Effective: June 1, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-601. Possessing or administering controlled dangerous substance

In general

(a) Except as otherwise provided in this title, a person may not:

(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or

(2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) the counterfeiting or alteration of a prescription or a written order;

(iii) the concealment of a material fact;

(iv) the use of a false name or address;

(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or

(vi) making, issuing, or presenting a false or counterfeit prescription or written order.

Information not privileged

(b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.

Penalty

(c)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.

(2)(i) A person whose violation of this section involves the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(ii) 1. A person convicted of the use or possession of less than 10 grams of marijuana is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

2. Unless specifically charged by the State, the use or possession of less than 10 grams of marijuana under subsubparagraph 1 of this subparagraph may not be considered a lesser included crime of any other crime.

3. If a person is convicted under this subparagraph, the court shall stay any sentence imposed that includes an unserved, nonsuspended period of imprisonment without requiring an appeal bond:

A. until the time for filing an appeal has expired; and

B. if an appeal is filed, during the pendency of the appeal.

(3)(i) 1. In this paragraph the following words have the meanings indicated.

2. “Bona fide physician-patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's medical condition.

3. “Caregiver” means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of marijuana, who:

A. is a resident of the State;

B. is at least 21 years old;

C. is an immediate family member, a spouse, or a domestic partner of the patient;

D. has not been convicted of a crime of violence as defined in § 14-101 of this article;

E. has not been convicted of a violation of a State or federal controlled dangerous substances law;

F. has not been convicted of a crime of moral turpitude;

G. has been designated as caregiver by the patient in writing that has been placed in the patient's medical record prior to arrest;

H. is the only individual designated by the patient to serve as caregiver; and

I. is not serving as caregiver for any other patient.

4. “Debilitating medical condition” means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician-patient relationship:

A. cachexia or wasting syndrome;

B. severe or chronic pain;

C. severe nausea;

D. seizures;

E. severe and persistent muscle spasms; or

F. any other condition that is severe and resistant to conventional medicine.

(ii) 1. In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.

2. Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.

(iii) 1. In a prosecution for the use or possession of marijuana under this section, it is an affirmative defense that the defendant used or possessed marijuana because:

A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship;

B. the debilitating medical condition is severe and resistant to conventional medicine; and

C. marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition.

2. A. In a prosecution for the possession of marijuana under this section, it is an affirmative defense that the defendant possessed marijuana because the marijuana was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver.

B. A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State's Attorney of the defendant's intention to assert the affirmative defense and provides the State's Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4-262 and 4-263.

3. An affirmative defense under this subparagraph may not be used if the defendant was:

A. using marijuana in a public place or assisting the individual for whom the defendant is a caregiver in using the marijuana in a public place; or

B. in possession of more than 1 ounce of marijuana.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2003, c. 442, § 1, eff. Oct. 1, 2003; Acts 2011, c. 215, § 1, eff. June 1, 2011; Acts 2012, c. 193, § 1, eff. Oct. 1, 2012; Acts 2012, c. 194, § 1, eff. Oct. 1, 2012; Acts 2013, c. 61, § 1, eff. June 1, 2013; Acts 2013, c. 62, § 1, eff. June 1, 2013.

Formerly Art. 27, § 287.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-602

Formerly cited as MD CODE Art. 27, § 287

Effective: October 1, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-602. Manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance

Except as otherwise provided in this title, a person may not:

(1) distribute or dispense a controlled dangerous substance; or

(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 327, § 1, eff. Oct. 1, 2006; Acts 2009, c. 684, § 1, eff. Oct. 1, 2009.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-603

Formerly cited as MD CODE Art. 27, § 286

Effective: October 1, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-603. Equipment to produce controlled dangerous substance

Except as otherwise provided in this title, a person may not manufacture a controlled dangerous substance, or manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous substance under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance in violation of this title.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 327, § 1, eff. Oct. 1, 2006; Acts 2009, c. 684, § 1, eff. Oct. 1, 2009.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-604

Formerly cited as MD CODE Art. 27, § 277; MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-604. Counterfeit substance

“Counterfeit substance” defined

(a) In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that:

(1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and

(2) thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.

Prohibited--In general

(b) Except as otherwise provided in this title, a person may not:

(1) create or distribute a counterfeit substance; or

(2) possess a counterfeit substance with intent to distribute it.

Prohibited--Equipment to create counterfeit substance

(c) Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 327, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, §§ 277, 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-605

Formerly cited as MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-605. Keeping common nuisance

“Common nuisance” defined

(a) “Common nuisance” means a dwelling, building, vehicle, vessel, aircraft, or other place:

(1) resorted to by individuals for the purpose of administering illegally controlled dangerous substances; or

(2) where controlled dangerous substances or controlled paraphernalia are manufactured, distributed, dispensed, stored, or concealed illegally.

In general

(b) A person may not keep a common nuisance.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 327, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-606

Formerly cited as MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-606. False prescription

Prohibited

(a) Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance.

Information not privileged

(b) Information that is communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of subsection (a) of this section is not a privileged communication.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 327, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-607

Formerly cited as MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-607. Penalties--Certain crimes

In general

(a) Except as provided in §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.

Repeat offender

(b)(1) A person who has been convicted previously under subsection (a) of this section shall be sentenced to imprisonment for not less than 2 years.

(2) The court may not suspend the mandatory minimum sentence to less than 2 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 327, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-608

Formerly cited as MD CODE Art. 27, § 286

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-608. Penalties--Narcotic drug

In general

(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

Second time offender

(b)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $100,000 if the person previously has been convicted once:

(i) under subsection (a) of this section or § 5-609 of this subtitle;

(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or

(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State.

(2) The court may not suspend the mandatory minimum sentence to less than 10 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(4) A person convicted under subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8-507 of the Health--General Article because of the length of the sentence.

Third time offender

(c)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 if the person previously:

(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction:

1. under subsection (a) of this section or § 5-609 or § 5-614 of this subtitle;

2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or

3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; and

(ii) has been convicted twice, if the convictions arise from separate occasions:

1. under subsection (a) of this section or § 5-609 of this subtitle;

2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;

3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; or

4. of any combination of these crimes.

(2) The court may not suspend any part of the mandatory minimum sentence of 25 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(4) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

Fourth time offender

(d)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions:

(i) under subsection (a) of this section or § 5-609 of this subtitle;

(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;

(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; or

(iv) of any combination of these crimes.

(2) The court may not suspend any part of the mandatory minimum sentence of 40 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2006, c. 327, § 1, eff. Oct. 1, 2006; Acts 2010, c. 417, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-609

Formerly cited as MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-609. Penalties--Selected Schedule I and II hallucinogenic substances

In general

(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both:

(1) phencyclidine;

(2) 1-(1-phenylcyclohexyl) piperidine;

(3) 1-phenylcyclohexylamine;

(4) 1-piperidinocyclohexanecarbonitrile;

(5) N-ethyl-1-phenylcyclohexylamine;

(6) 1-(1-phenylcyclohexyl)-pyrrolidine;

(7) 1-(1-(2-thienyl)-cyclohexyl)-piperidine;

(8) lysergic acid diethylamide; or

(9) 750 grams or more of 3, 4-methylenedioxymethamphetamine (MDMA).

Second time offender

(i) under subsection (a) of this section or § 5-608 of this subtitle;

(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;

(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-608 of this subtitle if committed in this State; or

(iv) of any combination of these crimes.

(2) The court may not suspend the mandatory minimum sentence to less than 10 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

Third time offender

(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5-608 of this subtitle, or § 5-614 of this subtitle; and

(ii) if the convictions do not arise from a single incident, has been convicted twice:

1. under subsection (a) of this section or § 5-608 of this subtitle;

2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;

3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-608 of this subtitle if committed in this State; or

4. of any combination of these crimes.

(2) The court may not suspend any part of the mandatory minimum sentence of 25 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(4) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

Fourth time offender

(d)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three separate terms of confinement as a result of three separate convictions:

(i) under subsection (a) of this section or § 5-608 of this subtitle;

(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;

(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-608 of this subtitle if committed in this State; or

(iv) of any combination of these crimes.

(2) The court may not suspend any part of the mandatory minimum sentence of 40 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-610

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-610. Restitution

In general

(a) In addition to any other penalty provided by law, a person who is convicted or found to have committed a delinquent act under § 5-602, § 5-603, § 5-604, § 5-605, or § 5-606 of this subtitle may be ordered by the court to pay restitution for actual costs reasonably incurred in cleaning up or remediating laboratories or other facilities operated for the illegal manufacture of a controlled dangerous substance.

Minors

(b) If the person convicted or found to have committed a delinquent act is a minor, the court may order the minor, the minor's parent, or both to pay the restitution described in subsection (a) of this section.

CREDIT(S)

Added by Acts 2006, c. 327, § 1, eff. Oct. 1, 2006.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-611

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part I. Primary Crimes

§ 5-611. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-612

Formerly cited as MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part II. Primary Offenders

§ 5-612. Volume dealer

Unlawful amounts

(a) A person may not manufacture, distribute, dispense, or possess:

(1) 50 pounds or more of marijuana;

(2) 448 grams or more of cocaine;

(3) 448 grams or more of any mixture containing a detectable amount of cocaine;

(4) 50 grams or more of cocaine base, commonly known as “crack”;

(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

(6) any mixture containing 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

(7) 1,000 dosage units or more of lysergic acid diethylamide;

(8) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;

(9) 16 ounces or more of phencyclidine in liquid form;

(10) 448 grams or more of any mixture containing phencyclidine;

(11) 448 grams or more of methamphetamine; or

(12) any mixture containing 448 grams or more of methamphetamine.

Aggregation of amounts

(b) For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90-day period.

Enhanced penalty

(c)(1) A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.

(2) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 482, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-613

Formerly cited as MD CODE Art. 27, § 286

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part II. Primary Offenders

§ 5-613. Drug kingpin

“Drug kingpin” defined

(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance.

Drug kingpin conspiracy; penalty

(b)(1) A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance in an amount listed in § 5-612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole or a fine not exceeding $1,000,000 or both.

(2) A court may not suspend any part of the mandatory minimum sentence of 20 years.

(3) The person is not eligible for parole during the mandatory minimum sentence.

Ultimate distributing or dispensing elsewhere not a defense

(c) It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in the State solely for ultimate distribution or dispensing in another jurisdiction.

Merger

(d) Notwithstanding any other provision of this title, a conviction under this section does not merge with the conviction for any crime that is the object of the conspiracy.

Probation before judgment

(e) The provisions of § 6-220 of the Criminal Procedure Article do not apply to a conviction under this section.

Construction of section

(f) This section does not:

(1) prohibit a court from imposing an enhanced penalty under § 5-905 of this title; or

(2) preclude or limit a prosecution for any other crime.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 286.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-614

Formerly cited as MD CODE Art. 27, § 286A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part II. Primary Offenders

§ 5-614. Importer of certain controlled dangerous substances

Unlawful amounts

(a)(1) Unless authorized by law to possess the substance, a person may not bring into the State:

(i) 45 kilograms or more of marijuana;

(ii) 28 grams or more of cocaine;

(iii) any mixture containing 28 grams or more of cocaine;

(iv) 4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

(v) 1,000 dosage units of lysergic acid diethylamide;

(vi) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;

(vii) 28 grams or more of phencyclidine in liquid or powder form;

(viii) 112 grams or more of any mixture containing phencyclidine;

(ix) 1,000 dosage units or more of methaqualone;

(x) 28 grams or more of methamphetamine;

(xi) any mixture containing 28 grams or more of methamphetamine; or

(xii) 4 grams or more of fentanyl or a fentanyl analogue.

(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both.

Unlawful--Smaller amounts of marijuana

(b)(1) Unless authorized by law to possess the marijuana, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of marijuana.

(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 286A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-615

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part II. Primary Offenders

§§ 5-615, 5-616. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-616

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part II. Primary Offenders

§§ 5-615, 5-616. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-617

Formerly cited as MD CODE Art. 27, § 286B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-617. Distributing faked controlled dangerous substance

In general

(a) A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance:

(1) that the person represents as a controlled dangerous substance;

(2) that the person intends for use or distribution as a controlled dangerous substance; or

(3) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance.

Considerations

(b) To determine if a person has violated this section, the court or other authority shall include in its consideration:

(1) whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally;

(2) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and

(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.

Belief not a defense

(d) It is not a defense to a prosecution under this section that the defendant believed that the noncontrolled substance was a controlled dangerous substance.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 286B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-618

Formerly cited as MD CODE Art. 27, § 287B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-618. Possession or purchase of noncontrolled substance

In general

(a) Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.

Considerations

(b) To determine if a person has violated this section, the court shall include in its consideration:

(1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;

(2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and

(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.

Reasonable belief not a defense

(c) It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 287B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-619

Formerly cited as MD CODE Art. 27, § 287A

Effective: June 1, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-619. Drug paraphernalia

Factors to determine drug paraphernalia

(a) To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors:

(1) any statement by an owner or a person in control of the object concerning its use;

(2) any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;

(3) the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;

(4) a residue of a controlled dangerous substance on the object;

(5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;

(6) any instructions, oral or written, provided with the object concerning its use;

(7) any descriptive materials accompanying the object that explain or depict its use;

(8) national and local advertising concerning use of the object;

(9) the manner in which the object is displayed for sale;

(10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;

(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(12) the existence and scope of legitimate uses for the object in the community; and

(13) expert testimony concerning use of the object.

Finding of intention or design--Innocence of owner not dispositive

(b) The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

Use or possession with intent to use; penalty

(c)(1) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:

(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or

(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection.

(4)(i) 1. In this paragraph the following words have the meanings indicated.

2. “Bona fide physician-patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's medical condition.

A. is a resident of the State;

B. is at least 21 years old;

C. is an immediate family member, a spouse, or a domestic partner of the patient;

D. has not been convicted of a crime of violence as defined in § 14-101 of this article;

E. has not been convicted of a violation of a State or federal controlled dangerous substances law;

F. has not been convicted of a crime of moral turpitude;

G. has been designated as caregiver by the patient in writing that has been placed in the patient's medical record prior to arrest;

H. is the only individual designated by the patient to serve as caregiver; and

I. is not serving as caregiver for any other patient.

A. cachexia or wasting syndrome;

B. severe or chronic pain;

C. severe nausea;

D. seizures;

E. severe and persistent muscle spasms; or

F. any other condition that is severe and resistant to conventional medicine.

(ii) 1. In a prosecution under this subsection involving drug paraphernalia related to marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.

2. Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed drug paraphernalia related to marijuana because of medical necessity, on conviction of a violation of this subsection, the maximum penalty that the court may impose on the person is a fine not exceeding $100.

(iii) 1. In a prosecution under this subsection involving drug paraphernalia related to marijuana, it is an affirmative defense that the defendant used or possessed drug paraphernalia related to marijuana because:

A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship;

B. the debilitating medical condition is severe and resistant to conventional medicine; and

C. marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition.

2. A. In a prosecution under this subsection involving drug paraphernalia related to marijuana, it is an affirmative defense that the defendant possessed drug paraphernalia related to marijuana because the drug paraphernalia related to marijuana was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver.

3. An affirmative defense under this subparagraph may not be used if the defendant was:

A. using marijuana in a public place or assisting the individual for whom the defendant is a caregiver in using the marijuana in a public place; or

B. in possession of more than 1 ounce of marijuana.

Delivery or sale; penalty

(d)(1) Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:

(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or

(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

(4) If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.

Advertising; penalty

(e)(1) A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 39, §§ 2 to 4, eff. Oct. 1, 2002; Acts 2003, c. 442, § 1, eff. Oct. 1, 2003; Acts 2011, c. 215, § 1, eff. June 1, 2011; Acts 2013, c. 61, § 1, eff. June 1, 2013; Acts 2013, c. 62, § 1, eff. June 1, 2013.

Formerly Art. 27, § 287A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-620

Formerly cited as MD CODE Art. 27, § 287

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-620. Controlled paraphernalia

Prohibited

(a) Unless authorized under this title, a person may not:

(1) obtain or attempt to obtain controlled paraphernalia by:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) counterfeiting a prescription or a written order;

(iii) concealing a material fact or the use of a false name or address;

(iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or

(v) making or issuing a false or counterfeit prescription or written order; or

(2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.

Evidence of unlawful intent

(b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, administer, distribute, or dispense controlled dangerous substances, including:

(1) a scale;

(2) a sieve;

(3) a strainer;

(4) a measuring spoon;

(5) staples;

(6) a stapler;

(7) a glassine envelope;

(8) a gelatin capsule;

(9) procaine hydrochloride;

(10) mannitol;

(11) lactose;

(12) quinine; and

(13) a controlled dangerous substance.

Information not privileged

(c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.

Penalty

(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.

(2) A person who violates this section involving the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 287.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-621

Formerly cited as MD CODE Art. 27, § 281A

Effective: April 9, 2013

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-621. Use of weapon as separate crime

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5-602 through 5-609 and 5-614 of this subtitle.

(3) “Forfeiting authority” means the office or person designated by agreement between the State's Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.

Prohibited

(b) During and in relation to a drug trafficking crime, a person may not:

(1) possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or

(2) use, wear, carry, or transport a firearm.

Penalty

(c)(1) In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:

(i) for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or

(ii) for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.

(2)(i) The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection.

(ii) The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection.

(3)(i) A court may not suspend any part of a mandatory minimum sentence.

(ii) Except as provided in § 4-305 of the Correctional Services Article, a person sentenced under this subsection is not eligible for parole.

(iii) A sentence imposed under paragraph (1)(ii) of this subsection shall be consecutive to and not concurrent with any other sentence imposed by virtue of the commission of the drug trafficking crime.

Enhanced sentence

(d)(1)(i) In this subsection, “firearm silencer” means a device that is designed for silencing, muffling, or diminishing the report of a firearm.

(ii) “Firearm silencer” includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.

(2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is:

(i) listed in § 4-301 of this article or § 5-101 of the Public Safety Article;

(ii) a machine gun; or

(iii) equipped with a firearm silencer.

Forfeiture of firearm

(e)(1) A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority.

(2) Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if:

(i) the owner or possessor of the property seized is acquitted; or

(ii) the charges against the person are dismissed.

(3) Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State:

(i) enters a nolle prosequi against the owner or possessor of property seized; and

(ii) does not charge the person within 90 days after the nolle prosequi is entered.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2013, c. 43, § 1, eff. April 9, 2013.

Formerly Art. 27, § 281A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-622

Formerly cited as MD CODE Art. 27, § 291A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-622. Firearm crimes

“Firearm” defined

(a) In this section, “firearm” includes:

(1) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article;

(2) a machine gun, as defined in § 4-401 of this article; and

(3) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

Prohibited

(b) A person may not possess, own, carry, or transport a firearm if that person has been convicted of:

(1) a felony under this title;

(2) a crime under the laws of another state or of the United States that would be a felony under this title if committed in this State;

(3) conspiracy to commit a crime referred to in paragraphs (1) and (2) of this subsection; or

(4) an attempt to commit a crime referred to in paragraphs (1) and (2) of this subsection.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, § 291A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-623

Formerly cited as MD CODE Art. 27, § 297B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-623. Proceeds of drug crime

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Drug crime” means:

(i) a crime under this title; or

(ii) a crime committed in another jurisdiction that would be a crime under this title if committed in this State.

(3) “Financial transaction” means:

(i) a payment;

(ii) a purchase;

(iii) a sale;

(iv) a loan;

(v) a pledge;

(vi) a transfer;

(vii) a delivery;

(viii) a deposit;

(ix) a withdrawal; or

(x) an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.

(4) “Monetary instrument” means:

(i) coin or currency of the United States or any other country;

(ii) a bank check;

(iii) a travelers' check;

(iv) a money order;

(v) an investment security; or

(vi) a negotiable instrument.

(5) “Proceeds” means money or any other property with a value exceeding $10,000.

Prohibited

(b) Except for a financial transaction necessary to preserve a person's right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:

(1) receive or acquire proceeds knowing that the proceeds are derived from a drug crime;

(2) engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;

(3) give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;

(4) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or

(5) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.

Penalty

(1) for a first violation:

(i) imprisonment not exceeding 5 years;

(ii) a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or

(iii) both; or

(2) for each subsequent violation:

(i) imprisonment not exceeding 10 years;

(ii) a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or

(iii) both.

Separate violation

(d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 297B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-624

Formerly cited as MD CODE Art. 27, § 287C

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§ 5-624. Drug-induced conduct

“Drug” defined

(a) In this section, “drug” does not include alcohol.

Prohibited

(b) A person may not administer a controlled dangerous substance or other drug to another without that person's knowledge and commit against that other:

(1) a crime of violence as defined in § 14-101 of this article; or

(2) a sexual offense in the third degree under § 3-307 of this article.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

Sentencing

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 287C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-625

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§§ 5-625, 5-626. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-626

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part III. Related and Derivative Crimes

§§ 5-625, 5-626. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-627

Formerly cited as MD CODE Art. 27, § 286D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part IV. Miscellaneous Crimes

§ 5-627. Controlled dangerous substance near school

Prohibited

(a) A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5-602 of this subtitle or conspire to commit any of these crimes:

(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or

(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.

Application of subsection (a)

(b) Subsection (a) of this section applies whether or not:

(1) school was in session at the time of the crime; or

(2) the real property was being used for purposes other than school purposes at the time of the crime.

Penalty

(c)(1) A person who violates this section is guilty of a felony and on conviction is subject to:

(i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or

(ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both.

(2)(i) The court may not suspend the 5-year minimum sentence required by paragraph (1)(ii) of this subsection.

(ii) Except as otherwise provided in § 4-305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5-year minimum sentence.

(3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.

Merger

(d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-628 of this subtitle.

Map as evidence

(e)(1) In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.

(2) The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.

(3) The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.

(4) This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.

(5) This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 286D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-628

Formerly cited as MD CODE Art. 27, § 286C; MD CODE Art. 27, § 286E

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)

Part IV. Miscellaneous Crimes

§ 5-628. Use of minor

Prohibited

(a)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute the controlled dangerous substance.

(ii) This paragraph does not prohibit a person from hiring, soliciting, engaging, or using a minor to manufacture, deliver, or distribute a controlled dangerous substance if the manufacturing, delivering, or distributing has a lawful purpose.

(2) A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5-627 of this subtitle.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 286C, 286E.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-701

Formerly cited as MD CODE Art. 27, § 300

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§ 5-701. Dispensing prescription drug

Scope of section

(a) Sections 5-701 through 5-704 of this subtitle apply to:

(1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and

(2) an authorized provider's assistant who is not licensed to administer prescription drugs.

Prohibited--Dispensing not on prescription

(b) A person may not dispense a prescription drug except:

(1) on an authorized provider's:

(i) written prescription; or

(ii) oral prescription that the pharmacist reduces to writing and files; or

(2) by refilling a written or oral prescription that is authorized:

(i) by the authorized provider in the original prescription; or

(ii) by oral direction that the pharmacist reduces to writing and files.

Prohibited--Without required label

(c) A person may not dispense a prescription drug by filling or refilling a written or oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:

(1) the name and address of the dispenser;

(2) the serial number and date of the prescription;

(3) the name of the authorized provider; and

(4) if stated in the prescription, the name and address of the patient and the directions for use.

Other prohibited acts

(d) Except as otherwise provided under this title, a person may not:

(1) manufacture, distribute, or possess with intent to distribute a prescription drug;

(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;

(3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or

(4) obtain or attempt to obtain a prescription drug by:

(i) fraud, deceit, or misrepresentation;

(ii) the counterfeiting or altering of a prescription or written order;

(iii) concealing a material fact;

(iv) using a false name or address;

(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or

(vi) making or issuing a false or counterfeit prescription or written order.

Penalty

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 300.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-702

Formerly cited as MD CODE Art. 27, § 300

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§ 5-702. Sale of drug different from that ordered

Prohibited

(a)(1) This subsection applies to a person engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or of compounding or dispensing these in accordance with physicians' prescriptions.

(2) A person subject to this subsection may not knowingly sell or deliver to another a drug, medicine, chemical, or preparation for medicinal use that is recognized or authorized by the latest edition of the United States Pharmacopoeia and National Formulary or prepared according to the private formula of another that is:

(i) other or different from the prescription drug, controlled dangerous substance, medicine, chemical, or preparation that is ordered or called for by the person; or

(ii) except as authorized under § 12-504 of the Health Occupations Article, called for in a prescription of a physician or other authorized provider.

Act by principal, agent, or employee

(b) Subsection (a) of this section applies to a person acting on the person's own behalf or as an agent or employee of some other person.

Penalty

(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 1 month and not exceeding 1 year or a fine of not less than $100 and not exceeding $500 or both.

(2) If a person convicted under this section holds a license under Title 12 of the Health Occupations Article, the license shall be revoked in accordance with § 12-313(c) of the Health Occupations Article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 408, § 1, eff. Oct. 1, 2006.

Formerly Art. 27, § 300.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-703

Formerly cited as MD CODE Art. 27, § 300

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§ 5-703. Unsolicited mailing

Scope of section

(a) This section does not apply to the mailing of a drug to a person who under State law is authorized to disburse, prescribe, or administer the drug.

Prohibited

(b) A person may not send by mail a prescription drug, controlled dangerous substance, or medicine to “Resident”, “Occupant”, or to a named addressee who has not requested that the prescription drug, controlled dangerous substance, or medicine be mailed.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 300.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-704

Formerly cited as MD CODE Art. 27, § 300

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§ 5-704. Regulations

The Department may adopt regulations to administer and enforce §§ 5-701 through 5-703 of this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 300.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-705

Formerly cited as MD CODE Art. 27, § 305

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§ 5-705. Evidence of counterfeiting

In general

(a) Subject to subsection (c) of this section, in a criminal case involving counterfeiting of a prescription under this title, an affidavit by an authorized provider may be introduced as evidence that:

(1) the signature on a prescription of the authorized provider has been counterfeited;

(2) the individual named on the prescription was not a patient of the authorized provider; or

(3) the individual named on the prescription did not have a prescription from the authorized provider for the named prescription drug or controlled dangerous substance or did not have a prescription for that quantity of the prescription drug or controlled dangerous substance.

Affidavit

(b) The affidavit shall:

(1) be attached to a copy of the prescription;

(2) be given under oath subject to the penalty of perjury;

(3) declare that the prescription is counterfeit or altered;

(4) describe in detail the parts of the prescription that have been counterfeited; and

(5) state whether a patient relationship exists between the individual named on the prescription and the authorized provider.

Notice of affidavit

(c)(1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under subsection (b) of this section, the State shall provide written notice to the defendant that the State intends to:

(i) rely on the affidavit; and

(ii) introduce the affidavit into evidence at the proceeding.

(2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 305.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-706

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§§ 5-706, 5-707. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-707

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part I. Prescription Drugs

§§ 5-706, 5-707. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-708

Formerly cited as MD CODE Art. 27, § 301

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part II. Other Substances

§ 5-708. Inhalant

Scope of section

(a)(1) This section applies to fingernail polish, model airplane glue, or any other substance that causes intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system when smelled or inhaled.

(2) This section does not apply to:

(i) the inhalation of anaesthesia for medical or dental purposes; or

(ii) controlled dangerous substances.

Prohibited

(b)(1) A person may not deliberately smell or inhale a substance listed in paragraph (2) of this subsection in an amount that causes intoxication, excitement, stupefaction, or dulling of the brain or nervous system.

(2) This section applies to a drug or any other noxious substance or chemical that contains:

(i) an aldehyde;

(ii) butane;

(iii) butyl nitrite;

(iv) a chlorinated hydrocarbon;

(v) ether;

(vi) a fluorinated hydrocarbon;

(vii) a ketone;

(viii) methyl benzene;

(ix) nitrous oxide;

(x) an organic acetate; or

(xi) another substance containing solvents releasing toxic vapors.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 301.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-709

Formerly cited as MD CODE Art. 27, § 301A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part II. Other Substances

§ 5-709. Distribution of inhalant and instruction on inhaling

“Distribute” defined

(a) In this section, “distribute” includes actual, constructive, or attempted transfer, exchange, or delivery, regardless of remuneration or agency relationship.

Prohibited--Distribution of inhalants

(b) A person may not distribute or possess with intent to distribute to another a substance listed in § 5-708 of this subtitle:

(1) with the intent to induce unlawful inhaling of the substance; or

(2) with the knowledge that the other will unlawfully inhale the substance.

Prohibited--Instruction on inhaling

(1) instruct another in the practice of inhaling or smelling that is prohibited under § 5-708(b) of this subtitle; or

(2) distribute a butane canister to a minor.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 301A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-710

Formerly cited as MD CODE Art. 27, § 304

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 7. Prescription Drugs and Other Substances

Part II. Other Substances

§ 5-710. Use of steroid or hormone--Warning

Human growth hormone defined

(a) In this section, “human growth hormone” means:

(1) somatrem, somatropin, and any of their analogues; or

(2) a substance labeled as being or containing somatrem or somatropin and any analogue of somatrem or somatropin.

Scope of section

(b) This section applies to an athletic facility, commercial health club, public recreation center, weight training gym, school gymnasium, or other establishment operated primarily for the exercise, physical fitness, athletic training, or physical education of the individuals who use the facility.

Warning notice in locker rooms

(c) The operator of a facility subject to this section shall obtain and affix at least one warning notice in each locker room maintained in the facility.

Lettering and content requirements

(d)(1) The lettering in each warning notice shall be at least 1 inch high and shall be conspicuously placed for maximum possible visibility.

(2) The warning notice shall read:

Warning

The nonprescription use, possession, or distribution of anabolic steroids or human growth hormone is illegal in the State of Maryland. On conviction, violators are subject to imprisonment or a fine or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 304.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-801

Formerly cited as MD CODE Art. 27, § 298

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-801. Investigation by State Police

Notwithstanding any other law, the Department of State Police may initiate investigations and enforce this title and Title 12 of the Criminal Procedure Article throughout the State without regard to any limitation otherwise applicable to that department's activities in a municipal corporation or other political subdivision.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 298.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-802

Formerly cited as MD CODE Art. 27, § 298

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-802. Statewide jurisdiction for officers

Investigations and enforcement

(a)(1) Notwithstanding any other law, a law enforcement officer of the Maryland Transportation Authority Police, a municipal corporation, or a county may investigate and otherwise enforce this title and Title 12 of the Criminal Procedure Article throughout the State without any limitation as to jurisdiction and to the same extent as a law enforcement officer of the Department of State Police.

(2) The authority granted in paragraph (1) of this subsection may be exercised only in accordance with regulations that the Secretary of the State Police adopts.

(3) The regulations are not subject to Title 10, Subtitle 1 of the State Government Article.

Required notifications

(b) If action is taken under the authority granted in this section, notification of an investigation or enforcement action shall be made:

(1) in a municipal corporation, to the chief of police or designee of the chief of police;

(2) in a county that has a county police department, to the chief of police or designee of the chief of police;

(3) in a county without a police department, to the sheriff or designee of the sheriff;

(4) in Baltimore City, to the Police Commissioner or the Police Commissioner's designee; and

(5) on property owned, leased, or operated by or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, to the chief of police of the Maryland Transportation Authority or the chief's designee.

Immunities and exemptions for officers

(1) in addition to any other immunities and exemptions to which the officer may be entitled, has the immunities from liability and exemptions accorded to a law enforcement officer of the Department of State Police; but

(2) remains an employee of the officer's employing agency.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 25, § 1, eff. April 12, 2005.

Formerly Art. 27, § 298.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-803

Formerly cited as MD CODE Art. 27, § 299

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-803. Payment for information about violations

Payments by State Police

(a)(1) The Secretary of State Police may pay a person the sum of money that the Secretary considers appropriate for information about a violation of this title.

(2) The money shall:

(i) be paid without reference to any reward to which the person may otherwise be entitled by law; and

(ii) be from funds appropriated for the Department of State Police, Intelligence Division.

Reimbursement for moneys expended

(b) Money that is expended from appropriations of the Department of State Police, Intelligence Division, for purchase of controlled dangerous substances and that is subsequently recovered shall be reimbursed to the current appropriation for that Department.

Advance money for enforcement

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 299.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-804

Formerly cited as MD CODE Art. 27, § 294

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-804. Administrative inspection warrants

“Administrative probable cause” defined

(a) In this section, “administrative probable cause” means a valid public interest in the effective enforcement of this title or regulations sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant.

Issuance

(b) On showing of administrative probable cause, a judge of the State may issue an administrative inspection warrant to conduct:

(1) administrative inspections authorized by this title; and

(2) seizures of property appropriate to the inspections.

Contents

(c)(1) An administrative inspection warrant shall issue only on an affidavit:

(i) of a designated officer or employee with knowledge of the facts alleged;

(ii) that is sworn to before the judge; and

(iii) that establishes the grounds for issuing the warrant.

(2) If the judge is satisfied that grounds for the application exist or that there is administrative probable cause to believe they exist, the judge shall issue an administrative inspection warrant that identifies:

(i) the area, premises, building, or conveyance to be inspected;

(ii) the purpose of the inspection; and

(iii) where appropriate, the type of property to be inspected.

(3) The warrant shall be directed to a person authorized to execute it.

(4) The warrant shall:

(i) identify the item or type of property to be seized;

(ii) state the grounds for its issuance and the name of the affiant;

(iii) require the person to whom the warrant is directed to inspect the area, premises, building, or conveyance identified for the specified purpose;

(iv) require, where appropriate, the seizure of the specified property;

(v) require that the warrant be served during normal business hours; and

(vi) designate the judge to whom the warrant is to be returned.

Execution

(d)(1) An administrative inspection warrant issued in accordance with this section shall be executed and returned within 10 days after its date.

(2) If property is seized in accordance with an administrative inspection warrant, the person who executes the warrant:

(i) shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken; or

(ii) shall leave the copy and receipt at the place from which the property was taken.

(3) The warrant shall be returned promptly and be accompanied by a written inventory of any property taken.

(4) The inventory shall be made in the presence of the person executing the warrant and:

(i) the person from whose possession or premises the property was taken; or

(ii) if that person is not present, at least one other credible person.

(5) On request, the judge shall deliver a copy of the inventory to:

(i) the person from whom or from whose premises the property was taken; and

(ii) the applicant for the warrant.

(6) A judge who issues an administrative inspection warrant under this section shall:

(i) attach to the warrant a copy of the return and all papers filed in connection with the return; and

(ii) file them with the clerk of the court from which the warrant was issued.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 294.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-805

Formerly cited as MD CODE Art. 27, § 294

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-805. Inspections

“Controlled premises” defined

(a) In this section, “controlled premises” means:

(1) a place where a registrant or person exempted from registration requirements under this title is required to keep records; or

(2) a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from registration requirements under this title may possess, manufacture, compound, process, sell, deliver, or dispose of a controlled dangerous substance.

Inspections allowed

(b) The Department may make administrative inspections of controlled premises in accordance with this section and designate those who may seize property under this section.

Inspections in controlled premises

(c) An officer or employee designated by the Department may enter controlled premises to conduct an administrative inspection:

(1) when authorized by an administrative inspection warrant issued under § 5-804 of this subtitle; and

(2) on presenting the warrant and appropriate credentials to the owner, operator, or agent in charge.

Inspection rights

(d) When authorized by an administrative inspection warrant, an officer or employee designated by the Department may:

(1) inspect and copy records that must be kept under this title;

(2) inspect, within reasonable limits and in a reasonable manner:

(i) controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling in the controlled premises;

(ii) except as provided in subsection (e) of this section, all other things in the controlled premises, including records, files, papers, processes, controls, and facilities, bearing on violation of this title; and

(3) inventory stock and obtain samples of a controlled dangerous substance in the controlled premises.

Warrantless inspections

(e) Without a warrant, the Department may inspect books and records in accordance with this title and enter and conduct administrative inspections, including seizures of property:

(1) with the consent of the owner, operator, or agent in charge of the controlled premises;

(2) in a situation that presents imminent danger to health or safety;

(3) in a situation that involves inspection of a conveyance where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(4) in any other exceptional or emergency situation in which time or opportunity to apply for a warrant is lacking; and

(5) in all other situations where a warrant is not legally required.

Data not available for inspection

(f) Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized under this section may not extend to:

(1) financial data;

(2) sales data other than shipment data; or

(3) pricing data.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 294.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-806

Formerly cited as MD CODE Art. 27, § 295

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-806. Temporary and permanent injunctions

The Department, the Attorney General, and the State's Attorney for a county may apply to the appropriate court for a temporary or permanent injunction to restrain a person from violating this title:

(1) whether or not an adequate remedy at law exists;

(2) in addition to the other remedies provided by this title; and

(3) notwithstanding any other law.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 295.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-807

Formerly cited as MD CODE Art. 27, § 298

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-807. Burden of proof

Burden on claimant

(a)(1) The State need not negate an exemption, proviso, or exception set forth in this title in:

(i) a complaint, information, indictment, or other pleading; or

(ii) a trial, hearing, or other proceeding under this title.

(2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit.

Presumption concerning registration or form

(b)(1) In the absence of proof that a person is a registrant or holder of an order form issued under § 5-303(d) of this title, the person is presumed not to be a registrant or holder of a form.

(2) The person has the burden of proof to rebut the presumption.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 298.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-808

Formerly cited as MD CODE Art. 27, § 298

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-808. Immunity from criminal liability for public officials and employees

In general

(a) If the individual is engaged in the enforcement or prosecution of this title or other law relating to controlled dangerous substances, criminal liability may not be imposed under this title on:

(1) an authorized officer of the United States, this State, or a political subdivision of this State; or

(2) an authorized police department civilian employee of the United States, this State, or a political subdivision of this State.

Possession of controlled dangerous substances or controlled paraphernalia

(b) A public official or employee who is covered under subsection (a) of this section may temporarily possess controlled dangerous substances, drug paraphernalia, or controlled paraphernalia incidental to the discharge of official or employee duties.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 39, § 4, eff. Oct. 1, 2002.

Formerly Art. 27, § 298.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-809

Formerly cited as MD CODE Art. 27, § 298

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-809. Hearsay admitted at bail or sentencing hearing

Notwithstanding any other law, at a hearing relating to bail or sentencing arising out of a violation or alleged violation of this title, hearsay evidence is admissible if:

(1) the hearsay is relevant to the issue; and

(2) the underlying circumstances on which the hearsay is based and the reliability of the source of the information are demonstrated.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 298.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-810

Formerly cited as MD CODE Art. 27, § 298A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 8. Criminal Procedure

§ 5-810. Convictions and reports to licensing authorities

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Drug crime” means:

(i) a violation of this title;

(ii) a violation of Title 12 of the Criminal Procedure Article; or

(iii) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of this title or Title 12 of the Criminal Procedure Article if committed in this State.

(3) “License” has the meaning stated in Article 41, § 1-501 of the Code.

(4) “Licensing authority” has the meaning stated in Article 41, § 1-501 of the Code.

(5) “Licensing information” means a statement of:

(i) each license held by the defendant on the date of sentencing;

(ii) the full name of the licensee as it appears on the license and, if different, as it appears in the court's docket;

(iii) the birth date of the licensee; and

(iv) the name of each licensing authority by whom the defendant is licensed.

Relationship between conviction and license

(b)(1) If an individual is convicted of a drug crime, the court:

(i) shall determine at sentencing whether the individual holds a license; and

(ii) if the individual holds a license, shall obtain the licensing information.

(2) If the individual holds a license, at sentencing, the court shall make a prima facie finding of fact as to whether a relationship exists between the conviction and the license including:

(i) a determination of the individual's ability to perform the tasks authorized by the license;

(ii) a finding of whether the public will be protected if the individual continues to perform the tasks authorized by the license;

(iii) a finding of whether the nature and circumstances of the drug crime merit referral to the licensing authority; and

(iv) a finding of any other facts that the court considers relevant.

(3) If the court makes a prima facie finding of fact that a relationship between the conviction and the license exists, the court shall follow the procedures under subsection (c) of this section.

Report of determination of relationship--When required

(c)(1) This subsection applies to a conviction of a licensee for a drug crime if:

(i) the licensee has at least one prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; or

(ii)1. the licensee does not have a prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; and

2. the court makes a prima facie finding of fact that a relationship exists between the conviction and the license under subsection (b) of this section.

(2) On conviction of a licensee, the court shall:

(i) notify the clerk of the court of the determination; and

(ii) provide the clerk of the court with the licensing information.

(3) The clerk of the court shall certify and report the conviction and the licensing information to the licensing authority, under administrative orders that the Chief Judge of the Court of Appeals adopts.

Report of determination of relationship--When prohibited

(d) If the court makes a prima facie finding of fact under subsection (b) of this section that a relationship between the conviction and the license does not exist, the clerk may not certify or report to a licensing authority the conviction or the licensing information.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.

Formerly Art. 27, § 298A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-901

Formerly cited as MD CODE Art. 27, § 298

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-901. Violations of title considered felonies

Notwithstanding any other law, a violation of this title shall be treated as if it were a felony for purposes of arrest, search, and seizure, whether or not a defendant is subsequently charged with or convicted of a violation that is a misdemeanor.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 298.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-902

Formerly cited as MD CODE Art. 27, § 288

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-902. Prohibited acts

In general

(a) Except as otherwise authorized by this title, a person may not:

(1) omit, remove, alter, or obliterate a symbol required by federal law for a substance governed by this title;

(2) refuse or fail to make, keep, or furnish a record, notification, order form, statement, invoice, or information required under this title;

(3) refuse entry into a premises or inspection, if the entry or inspection is authorized under this title; or

(4) as a registrant or other authorized person under this title, keep or maintain a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place that is:

(i) resorted to by persons using a controlled dangerous substance in violation of this title for the purpose of using a controlled dangerous substance; or

(ii) used for keeping or selling a controlled dangerous substance in violation of this title.

Unauthorized manufacturing, distributing, or dispensing a controlled dangerous substance

(b) Unless authorized by the registrant's registration, a registrant may not manufacture, distribute, or dispense a controlled dangerous substance to another registrant or other authorized person.

Authorized providers

(c) An authorized provider may not prescribe, administer, manufacture, distribute, dispense, or possess a controlled dangerous substance, drug paraphernalia, or controlled paraphernalia except:

(1) in the course of regular professional duties; and

(2) in conformity with this title and the standards of the authorized provider's profession relating to controlled dangerous substances, drug paraphernalia, or controlled paraphernalia.

Contraband

(d) A controlled dangerous substance, drug paraphernalia, or controlled paraphernalia manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of subsection (c) of this section is contraband.

Penalties

(e)(1) If the trier of fact specifically finds that a person has knowingly or intentionally violated this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both.

(2) In all other cases, a person who violates this section is subject to a civil penalty not exceeding $50,000.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 39, § 4, eff. Oct. 1, 2002.

Formerly Art. 27, § 288.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-903

Formerly cited as MD CODE Art. 27, § 289

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-903. Use of false registration

Prohibited

(a) In manufacturing or distributing a controlled dangerous substance, a person may not willfully use a registration number that is fictitious, revoked, suspended, or issued to another.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 289.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-904

Formerly cited as MD CODE Art. 27, § 288; MD CODE Art. 27, § 289

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-904. Unlawfully distributing controlled dangerous substance

Prohibited

(a) A registrant may not:

(1) distribute or dispense a controlled dangerous substance listed in Schedule I or Schedule II in violation of § 5-303(d) of this title; or

(2) distribute a controlled dangerous substance listed in Schedule I or Schedule II in the course of the registrant's legitimate business, except in accordance with an order form under § 5-303(d) of this title.

Penalties

(b)(1) If the trier of fact specifically finds that a person knowingly or intentionally violated subsection (a)(1) of this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both.

(2) In all other cases, a person who violates subsection (a)(1) of this section is subject to a civil penalty not exceeding $50,000.

(3) A person who willfully violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 288, 289.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-905

Formerly cited as MD CODE Art. 27, § 293

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-905. Repeat offenders

In general

(a) A person convicted of a subsequent crime under this title is subject to:

(1) a term of imprisonment twice that otherwise authorized;

(2) twice the fine otherwise authorized; or

(3) both.

Rule of interpretation

(b) For purposes of this section, a crime is considered a subsequent crime, if, before the conviction for the crime, the offender has ever been convicted of a crime under this title or under any law of the United States or of this or another state relating to other controlled dangerous substances.

Superseded laws--Parole, probation, suspension of sentence

(c) A person convicted of a subsequent crime under a law superseded by this title is eligible for parole, probation, and suspension of sentence in the same manner as those persons convicted under this title.

Sentencing in conjunction with other sentences

(d) A sentence on a single count under this section may be imposed in conjunction with other sentences under this title.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 293.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-906

Formerly cited as MD CODE Art. 27, § 303

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-906. Education program on AIDS

In addition to a penalty imposed under this title, a court may require an individual to complete the educational program on acquired immune deficiency syndrome (AIDS) developed under § 18-339 of the Health--General Article if:

(1) the individual pleads guilty or nolo contendere to, or is found guilty of, violating this title; and

(2) the judge believes the individual will attend and benefit from the program.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 303.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-907

Formerly cited as MD CODE Art. 27, § 291

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 9. Criminal and Civil Liability

§ 5-907. Additional penalties

A penalty imposed for violation of this title is in addition to, and not instead of, any other civil or administrative penalty or sanction authorized by law.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 291.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-1001

Formerly cited as MD CODE Art. 27, § 297C

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 10. Drug and Alcohol Grants Program and Fund

§ 5-1001. Drug and Alcohol Grants Program

Established

(a) The Governor's Office of Crime Control and Prevention may establish a grants program for neighborhood crime prevention programs and drug and alcohol abuse education, prevention, treatment, adjudication, and law enforcement programs.

Regulations

(b) The Governor's Office of Crime Control and Prevention shall adopt regulations to carry out a grants program established under this section.

CREDIT(S)

Added as Health - General § 8-901 by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Transferred to Criminal Law § 5-1001 by Acts 2002, c. 213, § 5, eff. Oct. 1, 2002.

Formerly Art. 27, § 297C.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-1002

Formerly cited as MD CODE Art. 27, § 297D

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 10. Drug and Alcohol Grants Program and Fund

§ 5-1002. Maryland Drug and Alcohol Grants Program Fund

“Fund” defined

(a) In this section, “fund” means the Maryland Drug and Alcohol Grants Program Fund.

Established

(b)(1) There is a Maryland Drug and Alcohol Grants Program Fund.

(2) The fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(3) The fund consists of money appropriated in the State budget to the fund, all earnings from investment of money in the fund, and other money accepted for the benefit of the fund from a governmental or private source.

(4) The State Treasurer shall hold the fund separately.

(5) The State Comptroller shall account for the fund.

(6) The fund shall be invested and reinvested in the same manner as other State funds.

(7) The Comptroller shall pay out money from the fund as directed by the Governor's Office of Crime Control and Prevention or as approved in the State budget.

(8) The fund is subject to audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.

Purpose

(c) The purpose of the fund is to provide grant money for neighborhood crime prevention programs and drug and alcohol abuse education, prevention, treatment, and law enforcement programs under this subtitle.

Administration and disbursements

(d)(1) Administrative expenditures under this section may be made only in accordance with the State budget.

(2) The Governor's Office of Crime Control and Prevention shall administer the fund in accordance with this section and all other applicable law.

(3) Disbursements from the fund shall supplement and may not substitute for money designated in the State budget for neighborhood crime prevention programs and drug and alcohol abuse education, prevention, treatment, and law enforcement programs.

(4) If the terms of a grant allow, a recipient may expend grant money beyond the fiscal year in which the grant is received.

Multicounty allocation

(e)(1) This subsection does not apply to a program that has received funds from the Hotspot Communities Initiative administered by the Governor's Office of Crime Control and Prevention.

(2) To the extent possible, the Governor's Office of Crime Control and Prevention shall allocate at least 10% of the grants provided from the fund to programs that provide services in two or more counties of the State.

CREDIT(S)

Added as Health - General § 8-902 by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Transferred to Criminal Law § 5-1002 by Acts 2002, c. 213, § 5, eff. Oct. 1, 2002.

Formerly Art. 27, § 297D.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 5-1101

Formerly cited as MD CODE Art. 27, § 302

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)

Subtitle 11. Short Title

§ 5-1101. Short title

This title may be cited as the “Maryland Controlled Dangerous Substances Act”.

CREDIT(S)

Added as Criminal Law § 5-1001 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 5-1101 by Acts 2002, c. 213, § 4, eff. Oct. 1, 2002.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-101

Formerly cited as MD CODE Art. 27, § 5

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-101. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Dwelling

(b)(1) “Dwelling” means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present.

(2) “Dwelling” includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the dwelling.

Maliciously

Structure

(d)(1) “Structure” means a building or other construction, a vehicle, or watercraft.

(2) “Structure” includes a:

(i) barn, stable, pier, wharf, and any facility attached to a pier or wharf;

(ii) tent, public building, or public bridge; and

(iii) railroad car.

Willfully

(e) “Willfully” means acting intentionally, knowingly, and purposely.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 5.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-102

Formerly cited as MD CODE Art. 27, § 6

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-102. Arson in the first degree

Prohibited

(a) A person may not willfully and maliciously set fire to or burn:

(1) a dwelling; or

(2) a structure in or on which an individual who is not a participant is present.

Penalty

(b) A person who violates this section is guilty of the felony of arson in the first degree and on conviction is subject to imprisonment not exceeding 30 years or a fine not exceeding $50,000 or both.

Prohibited defense

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 6.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-103

Formerly cited as MD CODE Art. 27, § 7

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-103. Arson in the second degree

Prohibited

(a) A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.

Penalty

(b) A person who violates this section is guilty of the felony of arson in the second degree and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $30,000 or both.

Prohibited defense

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 7.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-104

Formerly cited as MD CODE Art. 27, § 8

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-104. Malicious burning of personal property in the first degree

Scope of section

(a) This section applies to a violation involving property damage of $1,000 or more.

Prohibited

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

Penalty

(c) A person who violates this section is guilty of the felony of malicious burning in the first degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 8.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-105

Formerly cited as MD CODE Art. 27, § 8

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-105. Malicious burning of personal property in the second degree

Scope

(a) This section applies to a violation involving property damage of less than $1,000.

Prohibited

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

Penalty

(c) A person who violates this section is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 8.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-106

Formerly cited as MD CODE Art. 27, § 8

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-106. Burning with intent to defraud

Prohibited

(a) A person may not set fire to or burn property of any kind with the intent to defraud another.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Statute of limitations and in banc review

Sentence

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 8.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-107

Formerly cited as MD CODE Art. 27, § 9

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-107. Threat of arson

Prohibited

(a) A person may not threaten verbally or in writing to:

(1) set fire to or burn a structure; or

(2) explode a destructive device, as defined in § 4-501 of this article, in, on, or under a structure.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-108

Formerly cited as MD CODE Art. 27, § 9A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-108. Burning trash container

Prohibited

(a) A person may not willfully and maliciously set fire to or burn the contents of a dumpster or trash receptacle that belongs to another.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-109

Formerly cited as MD CODE Art. 27, § 9B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-109. Attempt to burn structure or property

Placing or distributing a flammable, explosive, or combustible material or device in or near a structure or personal property in preparation for burning the structure or property is an attempt to burn the structure or property.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-110

Formerly cited as MD CODE Art. 27, § 9B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-110. Separate units--Separate violations

If a structure is divided into separately owned or leased units, each unit is a separate structure for purposes of prosecution under this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 9B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-111

Formerly cited as MD CODE Art. 27, § 11

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 1. Arson and Burning

§ 6-111. Charging document

In general

(a) An indictment, information, warrant, or other charging document for a crime under this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) burned or set fire to (describe property) or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.”.

Bill of particulars

(b) If the general form of indictment or information described in subsection (a) of this section is used to charge a crime under this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 11.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-201

Formerly cited as MD CODE Art. 27, § 28

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-201. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Break

(b) “Break” retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

Burglar's tool

(c)(1) “Burglar's tool” means a tool, instrument, or device adapted, designed, or used to commit or facilitate the commission of a burglary crime.

(2) “Burglar's tool” includes:

(i) a picklock, key, crowbar, prybar, jack, or bit;

(ii) explosive material including nitroglycerine, dynamite, or gunpowder; and

(iii) a device capable of burning through metal, concrete, or other solid material, including an acetylene torch, electric arc, burning bar, thermal lance, or oxygen lance.

Crime of violence

(d) “Crime of violence” has the meaning stated in § 14-101 of this article.

Dwelling

(e) “Dwelling” retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

Enter

(f) “Enter” retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

Firearm

(g)(1) “Firearm” includes:

(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those terms are defined in § 4-201 of this article;

(ii) a machine gun, as defined in § 4-401 of this article; and

(iii) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

(2) “Firearm” does not include a firearm that has been modified to be permanently inoperative.

Storehouse

(h)(1) “Storehouse” retains its judicially determined meaning.

(2) “Storehouse” includes:

(i) a building or other construction, or a watercraft;

(ii) a barn, stable, pier, wharf, and any facility attached to a pier or wharf;

(iii) a storeroom or public building; and

(iv) a trailer, aircraft, vessel, or railroad car.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.

Formerly Art. 27, § 28.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-202

Formerly cited as MD CODE Art. 27, § 29

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-202. Burglary in the first degree

Prohibited

(a) A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence.

Penalty

(b) A person who violates this section is guilty of the felony of burglary in the first degree and on conviction is subject to imprisonment not exceeding 20 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 29.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-203

Formerly cited as MD CODE Art. 27, § 30

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-203. Burglary in the second degree

Prohibited--Breaking and entering with intent to commit theft, violence, or arson

(a) A person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree.

Prohibited--Breaking and entering with intent to steal firearm

(b) A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm.

Penalties

(c) A person who violates this section is guilty of the felony of burglary in the second degree and on conviction is subject to:

(1) for a violation of subsection (a) of this section, imprisonment not exceeding 15 years; and

(2) for a violation of subsection (b) of this section, imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 30.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-204

Formerly cited as MD CODE Art. 27, § 31

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-204. Burglary in the third degree

Prohibited

(a) A person may not break and enter the dwelling of another with the intent to commit a crime.

Penalty

(b) A person who violates this section is guilty of the felony of burglary in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 31.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-205

Formerly cited as MD CODE Art. 27, § 32

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-205. Burglary in the fourth degree

Prohibited--Breaking and entering dwelling

(a) A person may not break and enter the dwelling of another.

Prohibited--Breaking and entering storehouse

(b) A person may not break and enter the storehouse of another.

Prohibited--Being in or on dwelling, storehouse, or environs

(1) the dwelling or storehouse of another; or

(2) a yard, garden, or other area belonging to the dwelling or storehouse of another.

Prohibited--Possession of burglar's tool

(d) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle.

Penalty

(e) A person who violates this section is guilty of the misdemeanor of burglary in the fourth degree and on conviction is subject to imprisonment not exceeding 3 years.

Conviction of theft

(f) A person who is convicted of violating § 7-104 of this article may not also be convicted of violating subsection (c) of this section based on the act establishing the violation of § 7-104 of this article.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 32.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-206

Formerly cited as MD CODE Art. 27, § 35

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-206. Breaking and entering motor vehicle--Rogue and vagabond

Prohibited--Possession of burglar's tool

(a) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a crime involving the breaking and entering of a motor vehicle.

Prohibited--Presence in another's vehicle

(b) A person may not be in or on the motor vehicle of another with the intent to commit theft of the motor vehicle or property that is in or on the motor vehicle.

Penalty

(c) A person who violates this section is guilty of a misdemeanor, shall be considered a rogue and vagabond, and on conviction is subject to imprisonment not exceeding 3 years.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2012, c. 382, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, § 35.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-207

Formerly cited as MD CODE Art. 27, § 33

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-207. Burglary with destructive devices

Prohibited

(a) A person may not open or attempt to open a vault, safe, or other secure repository by the use of a destructive device, as defined in § 4-501 of this article, while committing burglary in the first, second, or third degree.

Penalty

(b) A person who violates this section is guilty of the felony of burglary with destructive device and on conviction is subject to imprisonment not exceeding 20 years.

Sentence

(c) A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.

Formerly Art. 27, § 33.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-208

Formerly cited as MD CODE Art. 27, § 34

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-208. Breaking and entering a research facility

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Enclosure” means a building, structure, aircraft, watercraft, or vehicle, and each:

1. separately secured or occupied portion of it; and

2. structure appurtenant or connected to it.

(ii) “Enclosure” includes a trailer and a sleeping car.

(3) “Research” means a studious and serious inquiry, examination, investigation, or experimentation designed to discover or accumulate data, theories, technologies, or applications for a governmental, scientific, educational, or proprietary purpose.

(4) “Research facility” means an enclosure or separately secured yard, pad, pond, laboratory, pasture, or pen used to conduct research, house research subjects, or store supplies, records, data, prototypes, or equipment necessary to or derived from research.

(5)(i) “Research property” means property, regardless of value, related to research in a research facility.

(ii) “Research property” includes a sample, specimen, research subject, record, data, test result, or proprietary information.

Prohibited

(b) A person may not break and enter a research facility without the permission of the research facility with the intent to:

(1) obtain unauthorized control over research property;

(2) alter or eradicate research property;

(3) damage or deface research property;

(4) move research property in a manner intended to cause harm to it;

(5) destroy or remove research property; or

(6) engage in conduct that results in the removal of research property.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 34.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-209

Formerly cited as MD CODE Art. 27, § 35A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-209. Separate units--Separate violations

For purposes of prosecution under this subtitle, a unit in a building or structure that is divided into separately owned or leased units may not be considered a separate dwelling or storehouse unless it is objectively apparent that each unit constitutes a separate dwelling or storehouse.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 35A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-210

Formerly cited as MD CODE Art. 27, § 35B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 2. Burglary and Related Crimes

§ 6-210. Charging document

In general

(a) An indictment, information, warrant, or other charging document for burglary or another crime under this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) did break and enter (describe property) or (describe other crime) in violation of (section violated) against the peace, government, and dignity of the State.”.

Bill of particulars

Lesser included crimes of burglary in the first degree

(c) A person charged with a violation of § 6-202 of this subtitle may be convicted of a violation of § 6-204 or § 6-205(a) of this subtitle.

Lesser included crimes of burglary in the second degree

(d) A person charged with a violation of § 6-203 of this subtitle may be convicted of a violation of § 6-205(b) of this subtitle.

Lesser included crimes of burglary in the third degree

(e) A person charged with a violation of § 6-204 of this subtitle may be convicted of a violation of § 6-205(a) of this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 35B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-301

Formerly cited as MD CODE Art. 27, § 111

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-301. Malicious destruction--Generally

Prohibited

(a) A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.

Penalty--Property damage of at least $500

(b) A person who, in violation of this section, causes damage of at least $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

Penalty--Property damage of less than $500

(c) A person who, in violation of this section, causes damage of less than $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

Penalty--Restitution for graffiti

(d)(1) For purposes of this subsection, an act of “graffiti” means a permanent drawing, permanent painting, or a permanent mark or inscription on the property of another without the permission of the owner of the property.

(2) In addition to the penalties set forth in subsections (b) and (c) of this section, the court shall order a person convicted of causing malicious destruction by an act of graffiti to pay restitution or perform community service or both.

(3) Title 11, Subtitle 6 of the Criminal Procedure Article applies to an order of restitution under this subsection.

Aggregation of damages

(e)(1) Except as provided in paragraph (2) of this subsection, to determine a penalty, the court may consider as one crime the aggregate value of damage to each property resulting from one scheme or continuing course of conduct.

(2) If separate acts resulting in damage to the properties of one or more owners are set forth by separate counts in one or more charging documents, the separate counts may not be merged for sentencing.

Value of damages

(f)(1) The value of damage is not a substantive element of a crime under this section and need not be stated in the charging document.

(2) The value of damage shall be based on the evidence and that value shall be applied for the purpose of imposing the penalties established in this section.

(3) If it cannot be determined from the evidence whether the value of the damage to the property is more or less than $500, the value is deemed to be less than $500.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 111.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-302

Formerly cited as MD CODE Art. 27, § 111B

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-302. Malicious destruction--Throwing object at vehicle

Prohibited

(a) A person may not willfully throw, shoot, or propel a rock, brick, piece of iron, steel, or other similar metal, or a dangerous missile at or into a vehicle or other means of transportation that is occupied by an individual.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 111B.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-303

Formerly cited as MD CODE Art. 27, § 194

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-303. Public utility interference--Electrical equipment

Electric company defined

(a) In this section, “electric company” has the meaning stated in § 1-101 of the Public Utilities Article.

Scope of section

(b) This section does not apply to:

(1) an employee of or a person authorized by an electric company; and

(2) supervision and control of an electric company and its material, equipment, or facilities by the political subdivision within which the electric company is doing business.

Prohibited

(1) tamper or interfere with the material, equipment, or facilities of an electric company;

(2) make a connection with an electrical conductor to use the electricity; or

(3) tamper with a meter used to register electricity consumed.

Prima facie evidence of violation

(d) Prima facie evidence of intent to violate this section by a person who uses or directly benefits from the use or diversion of electricity includes:

(1) a connection, wire, conductor, meter alteration, or other device that diverts electricity without the electric current being registered by the meter installed by the electric company that supplies the electricity;

(2) the use of electricity supplied by an electric company without the electricity being registered on a meter that the electric company supplied; and

(3) a showing by a check or test meter used by the electric company that a customer uses more electricity than is registered on the meter that the electric company supplied for the customer's premises.

Penalty

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 43, § 1, eff. Oct. 1, 2002; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 194.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-304

Formerly cited as MD CODE Art. 27, § 192

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-304. Public utility interference--Gas equipment

Gas company defined

(a) In this section, “gas company” has the meaning stated in § 1-101 of the Public Utilities Article.

Prohibited

(b)(1) A person may not wrongfully and maliciously damage, connect, disconnect, tap, or interfere or tamper with material, equipment, or facilities of a gas company.

(2) A person may not intentionally damage or defraud a gas company by:

(i) bypassing a meter provided for registering the gas consumed;

(ii) willfully tampering with, damaging, or preventing the action of a meter to register gas; or

(iii) causing or procuring a meter to be damaged or altered.

Prima facie evidence of violation

(c) Prima facie evidence of a violation of this section by the person who would directly benefit from the use of the gas passing through the meter includes:

(1) a device that allows the use of gas supplied by a gas company without the gas being registered on a meter provided by the gas company; and

(2) damage or alteration to a meter so as to prevent the action of the meter.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $250 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 192.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-305

Formerly cited as MD CODE Art. 27, § 118

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-305. Public utility interference--Water equipment

Water equipment defined

(a) In this section, “water equipment” includes a canal, spring, reservoir, tunnel, mound, dam, plug, main, pipe, conduit, connection, tap, valve, engine, or machinery.

Scope of section

(b) This section does not apply to:

(1) a person who is authorized by the company, municipal corporation, county, or unit of State or local government that uses or supplies water for domestic, agricultural, or manufacturing purposes or an authorized employee of the company, municipal corporation, county, or unit of State or local government; or

(2) governmental regulation of:

(i) water equipment; or

(ii) water companies, as defined in § 1-101 of the Public Utilities Article.

Prohibited

(1) connect, disconnect, tap, interfere or tamper with, or make a connection with water equipment that belongs to a company, municipal corporation, county, or unit of State or local government that uses or supplies water for domestic, agricultural, or manufacturing purposes; or

(2) tamper with a meter used to register the water consumed.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 118.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-306

Formerly cited as MD CODE Art. 27, § 389

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-306. Serial number--Alteration and sale of good

Prohibited--Alteration

(a) A person may not remove, deface, or obliterate a manufacturer's serial number that is punched on or affixed by plate to a manufactured good with the intent to prevent tracing or identifying that good.

Prohibited--Sale of good

(b) Except as provided in § 14-107(m) of the Transportation Article, a person may not knowingly keep or offer for sale a manufactured good from which the manufacturer's serial number has been removed, defaced, or obliterated in violation of subsection (a) of this section.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both for each violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 389.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-307

Formerly cited as MD CODE Art. 27, § 389

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 3. Malicious Destruction and Related Crimes

§ 6-307. Serial number--Possession and use

Prohibited

(a) A person may not:

(1) sell or possess a stolen:

(i) manufactured serial number; or

(ii) vehicle identification plate or label; or

(2) possess a manufactured serial number or vehicle identification plate or label if the person intends it to be:

(i) affixed to stolen property; or

(ii) used for fraudulent purposes.

Penalty

(b) A person who violates a provision of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both for each violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 389.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-401

Formerly cited as MD CODE Art. 27, § 576

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-401. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Off-road vehicle

(b)(1) “Off-road vehicle” means a motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.

(2) “Off-road vehicle” includes:

(i) a four-wheel drive or low-pressure-tire vehicle;

(ii) a motorcycle or a related two-wheel vehicle;

(iii) an amphibious machine;

(iv) a ground-effect vehicle; and

(v) an air-cushion vehicle.

Vehicle

Wanton

(d) “Wanton” retains its judicially determined meaning.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 576.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-402

Formerly cited as MD CODE Art. 27, § 577

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-402. Trespass on posted property

Prohibited

(a) A person may not enter or trespass on property that is posted conspicuously against trespass by:

(1) signs placed where they reasonably may be seen; or

(2) paint marks that:

(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and

(ii) are made on trees or posts that are located:

1. at each road entrance to the property; and

2. adjacent to public roadways, public waterways, and other land adjoining the property.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $500 or both;

(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 334, § 1, eff. Oct. 1, 2010; Acts 2010, c. 335, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-403

Formerly cited as MD CODE Art. 27, § 577

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-403. Wanton trespass on private property

Prohibited--Entering and crossing property

(a) A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

Prohibited--Remaining on property

(b) A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so.

Penalty

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $500 or both;

(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

Construction of section

(d) This section prohibits only wanton entry on private property.

Applicability to housing projects

(e) This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 64, § 1, eff. Oct. 1, 2006; Acts 2010, c. 334, § 1, eff. Oct. 1, 2010; Acts 2010, c. 335, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-404

Formerly cited as MD CODE Art. 27, § 576; MD CODE Art. 27, § 577

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-404. Use of a vehicle on private property

Scope of section

(a) This section does not apply to:

(1) a vessel;

(2) a military, fire, or law enforcement vehicle;

(3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving;

(4) earth-moving or construction equipment used for those purposes; or

(5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose.

Prohibited

(b) Except when traveling on a clearly designated private driveway, a person may not use a vehicle or off-road vehicle on private property unless the person has in the person's possession the written permission of the owner or tenant of the private property.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, §§ 576, 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-405

Formerly cited as MD CODE Art. 27, § 576; MD CODE Art. 27, § 577

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-405. Use of an off-road vehicle on public property

“Political subdivision” defined

(a) In this section, “political subdivision” includes a:

(1) county;

(2) municipal corporation;

(3) bicounty or multicounty agency;

(4) county board of education;

(5) public authority; or

(6) special taxing district.

Scope of section

(b) This section does not apply to:

(1) a vessel;

(2) a military, fire, or law enforcement vehicle;

(3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving;

(4) earth-moving or construction equipment used for those purposes; or

(5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose.

Prohibited

(c) Except as otherwise allowed by law, a person may not use an off-road vehicle on property known by the person to be owned or leased by the State or a political subdivision.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, §§ 576, 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-406

Formerly cited as MD CODE Art. 27, § 576; MD CODE Art. 27, § 577

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-406. Wanton entry on cultivated land

“Cultivated land” defined

(a) “Cultivated land” means land that has been cleared of its natural vegetation and is currently planted with a crop or orchard.

Prohibited

(b) Unless a person has permission from the owner of cultivated land or an agent of the owner, a person may not enter on the cultivated land of another.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

Construction of section

(d) This section:

(1) prohibits only wanton entry on cultivated land; and

(2) does not:

(i) prevent a person who resides on cultivated land from receiving a person who seeks to provide a lawful service; or

(ii) apply to a person entering cultivated land under color of law or color of title.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 576, 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-407

Formerly cited as MD CODE Art. 27, § 577

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-407. Trespass in stable area of racetrack

Prohibited

(a) A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-408

Formerly cited as MD CODE Art. 27, § 577

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-408. Entry on property for purpose of invading privacy of occupants

Prohibited

(a) A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 577.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-409

Formerly cited as MD CODE Art. 27, § 578

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-409. Refusal or failure to leave public building or grounds

Prohibited--During regularly closed hours

(a) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during the time when the public building or grounds, or specific part of the public building or grounds, is regularly closed to the public if:

(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave has no apparent lawful business to pursue at the public building or grounds; and

(2) a regularly employed guard, watchman, or other authorized employee of the government unit that owns, operates, or maintains the public building or grounds asks the person to leave.

Prohibited--During regular business hours

(b) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during regular business hours if:

(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave:

(i) has no apparent lawful business to pursue at the public building or grounds; or

(ii) is acting in a manner disruptive of and disturbing to the conduct of normal business by the government unit that owns, operates, or maintains the public building or grounds; and

(2) an authorized employee of the government unit asks the person to leave.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 578.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-410

Formerly cited as MD CODE Art. 27, § 578

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 4. Trespass

§ 6-410. Wanton trespass on property of Government House

Prohibited

(a) A person may not commit wanton trespass on the property of Government House.

Posting not necessary

(b) Notwithstanding any other provision of law, the property of Government House need not be posted against trespass.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 578.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-501

Formerly cited as MD CODE Art. 27, § 453

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 5. Crimes Involving Railroads

§ 6-501. “Railroad vehicle” defined

In this subtitle, “railroad vehicle” includes a car, carriage, engine, locomotive, or tender.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 335, § 1, eff. Oct. 1, 2002; Acts 2004, c. 25, § 1, eff. April 13, 2004.

Formerly Art. 27, § 453.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-502

Formerly cited as MD CODE Art. 27, § 453A

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 5. Crimes Involving Railroads

§ 6-502. Interference with railroad

“Railroad” defined

(a) In this section, “railroad” includes a switch, frog, rail, roadbed, tie, viaduct, bridge, trestle, culvert, embankment, structure, or appliance that pertains to or connects with a railroad.

Prohibited

(b) A person may not, with the intent to obstruct or derail a railroad vehicle in the State:

(1) break or damage a railroad; or

(2) place or cause anything to be placed on a railroad.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 453A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-503

Formerly cited as MD CODE Art. 27, § 455

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 5. Crimes Involving Railroads

§ 6-503. Unauthorized access to railroad vehicle

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Passenger” means an individual who is traveling by railroad vehicle with lawful authorization and who does not participate in the operation of the railroad vehicle.

(ii) “Passenger” does not include a stowaway.

(3)(i) “Railroad” means a form of ground transportation that runs on rails or electromagnetic guide ways.

(ii) “Railroad” includes:

1. a commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and

2. a high-speed ground transportation system that connects metropolitan areas.

(iii) “Railroad” does not include:

1. highway ground transportation; or

2. a rapid transit operation in a metropolitan area that does not connect to the general railroad transportation system.

(4) “Railroad carrier” means a person who provides railroad transportation.

(5) “Railroad property” means the material, equipment, and property used on or in connection with a railroad, right-of-way, or yard.

(6) “Right-of-way” means the track or roadbed that is:

(i) owned, leased, or operated by a railroad carrier;

(ii) located on either side of the tracks of the railroad carrier; and

(iii) 1. readily recognizable to a reasonable person as railroad property; or

2. reasonably identified as railroad property by fencing or appropriate signs.

(7) “Yard” means a system of parallel tracks, crossovers, and switches where railroad vehicles are switched or connected, and where railroad vehicles and other rolling stock are kept when not in use or when awaiting repair.

Application of section

(b) This section does not apply to:

(1) a passenger on a railroad vehicle;

(2) an individual who enters railroad property in an emergency to:

(i) rescue from harm another individual or an animal, including livestock, a pet, or wildlife; or

(ii) remove an object that the individual reasonably believes to pose an imminent threat to life or limb;

(3) an individual on the station grounds or in the depot of a railroad carrier as a passenger or to transact lawful business;

(4) a person, a family member or invitee of a person, or an employee or independent contractor of a person who enters a railroad right-of-way to obtain access to land that the person owns, leases, or operates at a private crossing approved by the railroad carrier;

(5) a person having permission of the railroad carrier to enter the railroad property;

(6) a law enforcement officer, firefighter, or emergency response personnel while performing official duties;

(7) a representative of the Maryland Department of Transportation or the Department of Labor, Licensing, and Regulation while performing official duties; or

(8) a representative of the Federal Railroad Administration or the National Transportation Safety Board while performing official duties.

Riding on railroad vehicle

(c)(1) Without the consent of the railroad carrier or other lawful authorization, a person may not ride on the outside or inside of a railroad vehicle, including a flatbed or container.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

Trespass on railroad property

(d)(1) Without the consent of the railroad carrier or other lawful authorization, and except to cross the property at a public highway or other authorized crossing, a person may not knowingly enter or remain on railroad property.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $100 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 335, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 455.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-504

Formerly cited as MD CODE Art. 27, § 456

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 5. Crimes Involving Railroads

§ 6-504. Giving a false train signal

Prohibited

(a) A person may not give a train signal to start a stopped train or to stop a moving train unless the person is an authorized employee of a railroad company.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 456.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-505

Formerly cited as MD CODE Art. 27, § 458

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 5. Crimes Involving Railroads

§ 6-505. Striking railroad vehicle with object

Railroad defined

(a) In this section, “railroad” has the meaning stated in § 1-101 of the Public Utilities Article.

Prohibited

(b) A person may not willfully and maliciously strike a railroad vehicle on a railroad or on an electric railway in the State by:

(1) shooting or throwing an object at the railroad vehicle; or

(2) causing an object to fall on the railroad vehicle.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 458.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 6-506

Formerly cited as MD CODE Art. 27, § 460

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 6. Crimes Against Property

Subtitle 5. Crimes Involving Railroads

§ 6-506. Unauthorized buying or selling tickets

Prohibited

(a) Unless authorized by a railroad company that maintains offices in the State, a person may not:

(1) buy, sell, or engage in the business of buying or selling railroad tickets or the unused parts of railroad tickets;

(2) act as vendor or broker of whole or partly used railroad tickets;

(3) solicit personally or by sign, advertisement, or otherwise to buy or sell railroad tickets; or

(4) aid or abet in buying or selling railroad tickets in the State.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 or both.

Separate violation

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 460.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-101

Formerly cited as MD CODE Art. 27, § 340

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-101. Definitions

In general

(a) In this part the following words have the meanings indicated.

Deception

(b)(1) “Deception” means knowingly to:

(i) create or confirm in another a false impression that the offender does not believe to be true;

(ii) fail to correct a false impression that the offender previously has created or confirmed;

(iii) prevent another from acquiring information pertinent to the disposition of the property involved;

(iv) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the impediment is of value or a matter of official record;

(v) insert or deposit a slug in a vending machine;

(vi) remove or alter a label or price tag;

(vii) promise performance that the offender does not intend to perform or knows will not be performed; or

(viii) misrepresent the value of a motor vehicle offered for sale by tampering or interfering with its odometer, or by disconnecting, resetting, or altering its odometer with the intent to change the mileage indicated.

(2) “Deception” does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual.

Deprive

(1) permanently;

(2) for a period that results in the appropriation of a part of the property's value;

(3) with the purpose to restore it only on payment of a reward or other compensation; or

(4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

Exert control

(d)(1) “Exert control” includes to take, carry away, appropriate to a person's own use or sell, convey, or transfer title to an interest in or possession of property.

(2) “Exert control” does not include:

(i) to trespass on the land of another; or

(ii) to occupy the land of another without authorization.

Interactive computer service

(e)(1) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server.

(2) “Interactive computer service” includes a service or system that provides access to the Internet.

Motor vehicle

(f) “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.

Obtain

(g) “Obtain” means:

(1) in relation to property, to bring about a transfer of interest in or possession of the property; and

(2) in relation to a service, to secure the performance of the service.

Owner

(h) Except as otherwise expressly provided in this part, “owner” means a person, other than the offender:

(1) who has an interest in or possession of property regardless of whether the person's interest or possession is unlawful; and

(2) without whose consent the offender has no authority to exert control over the property.

Property

(i)(1) “Property” means anything of value.

(2) “Property” includes:

(i) real estate;

(ii) money;

(iii) a commercial instrument;

(iv) an admission or transportation ticket;

(v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;

(vi) a thing growing on or affixed to, or found on land, or part of or affixed to any building;

(vii) electricity, gas, and water;

(viii) a bird, animal, or fish that ordinarily is kept in a state of confinement;

(ix) food or drink;

(x) a sample, culture, microorganism, or specimen;

(xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;

(xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:

1. scientific, technical, merchandising, production, or management information; or

2. designed process, procedure, formula, invention, trade secret, or improvement;

(xiii) a financial instrument; and

(xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual.

Property of another

(j) “Property of another” means property in which a person other than the offender has an interest that the offender does not have the authority to defeat or impair, even though the offender also may have an interest in the property.

Service

(k) “Service” includes:

(1) labor or professional service;

(2) telecommunication, public utility, toll facility, or transportation service;

(3) lodging, entertainment, or restaurant service; and

(4) the use of computers, data processing, or other equipment.

Slug

(l) “Slug” means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine.

Theft

(m)(1) “Theft” means the conduct described in §§ 7-104 through 7-107 of this subtitle.

(2) “Theft” includes motor vehicle theft, unless otherwise indicated.

Vending machine

(n) “Vending machine” means a device designed to receive a specified payment and in exchange automatically offer, provide, assist in providing, or allow a person to acquire property or service.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 479, § 2, eff. Oct. 1, 2002; Acts 2002, c. 480, § 2, eff. Oct. 1, 2002; Acts 2004, c. 157, §§ 1, 2, eff. Oct. 1, 2004.

Formerly Art. 27, § 340.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-102

Formerly cited as MD CODE Art. 27, § 340; MD CODE Art. 27, § 341

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-102. Rules of construction

Interpretation of part

(a) Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as:

(1) larceny;

(2) larceny by trick;

(3) larceny after trust;

(4) embezzlement;

(5) false pretenses;

(6) shoplifting; and

(7) receiving stolen property.

Knowing conduct

(b)(1) A person acts “knowingly”:

(i) with respect to conduct or a circumstance as described by a statute that defines a crime, when the person is aware of the conduct or that the circumstance exists;

(ii) with respect to the result of conduct as described by a statute that defines a crime, when the person is practically certain that the result will be caused by the person's conduct; and

(iii) with respect to a person's knowledge of the existence of a particular fact, if that knowledge is an element of a crime, when the person is practically certain of the existence of that fact.

(2) The terms “knowing” and “with knowledge” are construed in the same manner.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, §§ 340, 341.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-103

Formerly cited as MD CODE Art. 27, § 340

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-103. Determination of value

“Value” defined

(a) In this section, “value” means:

(1) the market value of the property or service at the time and place of the crime; or

(2) if the market value cannot satisfactorily be ascertained, the cost of the replacement of the property or service within a reasonable time after the crime.

In general

(b) The value of property or service under this part shall be determined in accordance with this section.

Written instrument

(c)(1) Except as provided in paragraph (2) of this subsection, this subsection applies to a written instrument whether or not the instrument has been issued or delivered.

(2) This subsection does not apply to a written instrument that has a readily ascertainable market value.

(3)(i) For purposes of this part, a written instrument is valued as provided by this paragraph.

(ii) The value of an instrument constituting evidence of debt, including a check, draft, or promissory note, is the amount due or collectible on the instrument. That value is ordinarily the face amount of the instrument, less any portion that has been satisfied.

(iii) The value of any other instrument that creates, releases, discharges, or otherwise affects a valuable legal right, privilege, or obligation is the amount of economic loss the owner of the instrument might reasonably suffer because of the loss of the instrument.

Trade secret

(d) The value of a trade secret lacking a readily ascertainable market value is a reasonable value that represents the damage the owner suffered by the loss of an advantage over those who do not know or use the trade secret.

When value cannot be determined

(e)(1) For the purposes of determining whether a theft violation subject to either § 7-104(g)(1) or (2) of this subtitle has been committed, when it cannot be determined whether the value of the property or service is more or less than $500 under the standards of this section, the value is deemed to be less than $500.

(2) For the purposes of determining whether a theft violation subject to either § 7-104(g)(2) or (3) of this subtitle has been committed, when it cannot be determined whether the value of the property or service is more or less than $100 under the standards of this section, the value is deemed to be less than $100.

Course of conduct--Aggregation

(f) When theft is committed in violation of this part under one scheme or continuing course of conduct, whether from the same or several sources:

(1) the conduct may be considered as one crime; and

(2) the value of the property or services may be aggregated in determining whether the theft is a felony or a misdemeanor.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 479, § 2, eff. Oct. 1, 2002; Acts 2002, c. 480, § 2, eff. Oct. 1, 2002; Acts 2004, c. 130, § 1, eff. Oct. 1, 2004.

Formerly Art. 27, § 340.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-104

Formerly cited as MD CODE Art. 27, § 340; MD CODE Art. 27, § 342

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-104. General theft provisions

Unauthorized control over property

(a) A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person:

(1) intends to deprive the owner of the property;

(2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

(3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

Unauthorized control over property--By deception

(b) A person may not obtain control over property by willfully or knowingly using deception, if the person:

(1) intends to deprive the owner of the property;

(2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

(3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

Possessing stolen personal property

(c)(1) A person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person:

(i) intends to deprive the owner of the property;

(ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

(iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.

(2) In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if:

(i) the person possesses or exerts control over property stolen from more than one person on separate occasions;

(ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or

(iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value.

(3) In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that:

(i) the person who stole the property has not been convicted, apprehended, or identified;

(ii) the defendant stole or participated in the stealing of the property;

(iii) the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or

(iv) the stealing of the property did not occur in the State.

(4) Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice.

Control over property lost, mislaid, or delivered by mistake

(d) A person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person:

(1) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;

(2) fails to take reasonable measures to restore the property to the owner; and

(3) intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.

Services available only for compensation

(e) A person may not obtain the services of another that are available only for compensation:

(1) by deception; or

(2) with knowledge that the services are provided without the consent of the person providing them.

Inference of intention or knowledge

(f) Under this section, an offender's intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed.

Penalty

(g)(1) A person convicted of theft of property or services with a value of:

(i) at least $1,000 but less than $10,000 is guilty of a felony and:

1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and

2. shall restore the property taken to the owner or pay the owner the value of the property or services;

(ii) at least $10,000 but less than $100,000 is guilty of a felony and:

1. is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both; and

2. shall restore the property taken to the owner or pay the owner the value of the property or services; or

(iii) $100,000 or more is guilty of a felony and:

1. is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both; and

2. shall restore the property taken to the owner or pay the owner the value of the property or services.

(2) Except as provided in paragraphs (3) and (4) of this subsection, a person convicted of theft of property or services with a value of less than $1,000, is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both; and

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(3) A person convicted of theft of property or services with a value of less than $100 is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(4) Subject to paragraph (5) of this subsection, a person who has two or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $1,000 under paragraph (2) of this subsection is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(5) The court may not impose the penalties under paragraph (4) of this subsection unless the State's Attorney serves notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that:

(i) the State will seek the penalties under paragraph (4) of this subsection; and

(ii) lists the alleged prior convictions.

Failure to pay for motor fuel

(h)(1) If a person is convicted of a violation under this section for failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall:

(i) notify the person that the person's driver's license may be suspended under § 16-206.1 of the Transportation Article; and

(ii) notify the Motor Vehicle Administration of the violation.

(2) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this subsection.

Statute of limitations

(i) An action or prosecution for a violation of subsection (g)(2) or (3) of this section shall be commenced within 2 years after the commission of the crime.

Violation by use of interactive computer service

(j) A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 161, § 1, eff. Oct. 1, 2002; Acts 2002, c. 496, § 1, eff. Oct. 1, 2002; Acts 2003, c. 370, §§ 1, 2, eff. Oct. 1, 2003; Acts 2004, c. 130, § 1, eff. Oct. 1, 2004; Acts 2004, c. 157, § 2, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2008, c. 393, § 1, eff. Oct. 1, 2008; Acts 2008, c. 394, § 1, eff. Oct. 1, 2008; Acts 2009, c. 655, § 1, eff. Oct. 1, 2009; Acts 2012, c. 29, § 1, eff. Oct. 1, 2012; Acts 2012, c. 30, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, §§ 340, 342.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-105

Formerly cited as MD CODE Art. 27, § 342A

Effective: October 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-105. Motor vehicle theft

“Owner” defined

(a) In this section, “owner” means a person who has a lawful interest in or is in lawful possession of a motor vehicle by consent or chain of consent of the title owner.

Prohibited

(b) A person may not knowingly and willfully take a motor vehicle out of the owner's lawful custody, control, or use without the owner's consent.

Penalty

(1) is guilty of the felony of taking a motor vehicle and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and

(2) shall restore the motor vehicle or, if unable to restore the motor vehicle, pay to the owner the full value of the motor vehicle.

Effect on general theft prosecution; merger

(d)(1) This section does not preclude prosecution for theft of a motor vehicle under § 7-104 of this part.

(2) If a person is convicted under § 7-104 of this part and this section for the same act or transaction, the conviction under this section shall merge for sentencing purposes into the conviction under § 7-104 of this part.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2012, c. 29, § 1, eff. Oct. 1, 2012; Acts 2012, c. 30, § 1, eff. Oct. 1, 2012.

Formerly Art. 27, § 342A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-105.1

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-105.1. Affidavit; evidence of motor vehicle theft

Use of affidavit as evidence

(a) Subject to subsection (c) of this section, in a criminal case or juvenile proceeding involving theft of a motor vehicle under § 7-104 or § 7-105 of this subtitle, an affidavit sworn to in open court by the lawful owner of the motor vehicle may be introduced thereafter as substantive evidence that the motor vehicle was taken from the lawful owner and operated, used, or possessed without the lawful owner's authorization.

Requirements for affidavit

(b) The affidavit shall:

(1) be given under oath subject to the penalty of perjury; and

(2) be attached to a copy of the certificate of title of the motor vehicle.

Notice; demand for witness presence

(c)(1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to:

(i) rely on the affidavit; and

(ii) introduce the affidavit into evidence at the proceeding.

CREDIT(S)

Added by Acts 2005, c. 338, § 1, eff. Oct. 1, 2005.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-106

Formerly cited as MD CODE Art. 27, § 345

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-106. Newspaper theft

“Newspaper” defined

(a) In this section, “newspaper” means a periodical that is distributed on a complimentary or compensatory basis.

Prohibited

(b) A person may not knowingly or willfully obtain or exert control that is unauthorized over newspapers with the intent to prevent another from reading the newspapers.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 345.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-107

Formerly cited as MD CODE Art. 27, § 344

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-107. Bad checks--Prosecution as theft

Scope of section

(a) A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person:

(1) makes a false representation that there are sufficient funds in the drawee bank to cover the check; and

(2) commits deception as provided under § 7-104(b) or (e) of this part.

Presumptions

(b) If a person is prosecuted for theft under this section, the presumptions of § 8-104 of this article apply to the same extent as if the person were prosecuted under § 7-104 of this part.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 344.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 7-108

Formerly cited as MD CODE Art. 27, § 344

Effective: October 1, 2009

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 7. Theft and Related Crimes

Subtitle 1. Crimes Involving Theft

Part I. Theft

§ 7-108. Charging documents

Theft other than taking a motor vehicle

(a) An indictment, information, warrant, or other charging document for theft under this part, other than for taking a motor vehicle under § 7-105 of this part, is sufficient if it substantially states:

“(name of defendant) on (date) in (county) stole (property or services stolen) of (name of victim), having a value of (less than $1,000, at least $1,000 but less than $10,000, at least $10,000 but less than $100,000, or $100,000 or more) in violation of § 7-104 of the Criminal Law Article, against the peace, government, and dignity of the State.”.

Taking a motor vehicle

(b) An indictment, inform

Former Sections	Criminal Law
Art. 27,	§ 2	3-503
	§ 2A	1-301
	§ 3	10-501
	§ 4	7-202
	§ 5	6-101
	§ 6	6-102
	§ 7	6-103
	§ 8	6-104 to 6-106
	§ 9	6-107
	§ 9A	6-108
	§ 9B	6-109, 6-110
	§ 11	6-111
	§ 12	3-201
	§ 12A	3-203
	§ 12A-1	3-202
	§ 12A-2	3-204, 3-206
	§ 12A-3	3-209
	§ 12A-4	3-206
	§ 12A-5	3-207
	§ 12A-6	3-205, 3-210
	§ 12A-7	3-208
	§ 18	10-502
	§ 19	10-502
	§ 22	9-201
	§ 23	9-204
	§ 24	9-205
	§ 25	9-202
	§ 26	9-305, 9-306
	§ 27	9-203
	§ 27A	4-106
	§ 27B	4-106
	§ 27C	4-107
	§ 28	6-201
	§ 29	6-202
	§ 30	6-203
	§ 31	6-204
	§ 32	6-205
	§ 33	6-207
	§ 34	6-208
	§ 35	6-206
	§ 35A	6-209
	§ 35B	6-210
	§ 35C	3-601
	§ 35D	3-604
	§ 35E	3-603
	§ 36	4-101
	§ 36A	4-102
	§ 36A-1	4-103
	§ 36B	4-202 to 4-205
	§ 36D	4-206
	§ 36E	4-207
	§ 36F	4-201
	§ 36G	4-208
	§ 36H	4-209
	§ 36H-1	4-301
	§ 36H-2	4-302
	§ 36H-3	4-303
	§ 36H-4	4-304
	§ 36H-5	4-305
	§ 36H-6	4-306
	§ 36K	4-104
	§ 38	1-202
	§ 39	9-204
	§ 40	1-203
	§ 40A	10-106
	§ 40B	7-301
	§ 41	10-104
	§ 41A	10-105
	§ 44	8-601 to 8-604
	§ 45	8-605
	§ 45A	8-606
	§ 46	8-607
	§ 47	8-608
	§ 48	8-609
	§ 48A	8-611
	§ 55	8-610
	§ 56	8-612
	§ 57	8-613
	§ 58	8-613
	§ 59	10-602 to 10-608
	§ 59A	10-611
	§ 60	10-612
	§ 60A	10-610
	§ 60B	10-613
	§ 61	10-620
	§ 62	10-601
	§ 63	10-609
	§ 64	10-622
	§ 65	10-622
	§ 66	10-622
	§ 67	10-615
	§ 67A	10-616
	§ 67B	10-617
	§ 68	10-617
	§ 69	10-618
	§ 70D	10-621
	§ 70E	10-619
	§ 80	7-114
	§ 81	10-701
	§ 82	10-703
	§ 83	10-704
	§ 84	10-702
	§ 85	10-703, 10-704
	§ 86	10-705
	§ 87	10-706
	§ 111	6-301
	§ 111B	6-302
	§ 118	6-305
	§ 120A	7-201
	§ 121	10-201
	§ 122	10-202
	§ 123	3-803
	§ 124	3-802
	§ 125 1/2	10-203
	§ 125A	9-601
	§ 126	8-701
	§ 127	8-702
	§ 132	7-113
	§ 135	8-405
	§ 136	9-401
	§ 137	9-404
	§ 137A	9-405
	§ 138	9-410 to 9-417
	§ 139	9-406, 9-407
	§ 139A	4-501
	§ 139B	4-502
	§ 139C	4-503
	§ 139D	4-503
	§ 140	8-101, 8-102
	§ 141	8-103
	§ 142	8-104
	§ 143	8-106, 8-107
	§ 144	8-105
	§ 145	8-201 to 8-209
	§ 146	7-302
	§ 150	9-501, 9-502
	§ 150A	9-507
	§ 151	9-503
	§ 151A	9-504
	§ 151B	9-506
	§ 151C	9-505
	§ 156	9-604
	§ 156A	9-607, 9-609
	§ 156B	9-608
	§ 156C	9-609
	§ 156D	9-610
	§ 156E	9-611
	§ 163	8-406
	§ 173	8-401
	§ 174	8-402
	§ 191A	8-505
	§ 192	6-304
	§ 194	6-303
	§ 194A	7-313 to 7-318
	§ 194B	7-303
	§ 199	8-522
	§ 200	8-903
	§ 206	7-205
	§ 207	8-407
	§ 208	8-408
	§ 211	8-901
	§ 214	8-403
	§ 214B	8-521
	§ 215	7-115
	§ 229	7-116
	§ 230	8-902
	§ 230A	8-501 to 8-504
	§ 230B	8-508
	§ 230C	8-509
	§ 230D	8-510 to 8-512
	§ 230E	8-513
	§ 230F	8-514, 8-515
	§ 230G	8-517
	§ 230H	8-516
	§ 231	8-301
	§ 233A	8-520
	§ 233B	8-904
	§ 233C	8-905
	§ 233D	8-404
	§ 233E	8-302
	§ 236	12-106
	§ 237	12-104
	§ 238	12-101
	§ 239	12-104
	§ 240	12-102
	§ 240A	12-109
	§ 241	12-104
	§ 242	12-104
	§ 243	12-110
	§ 244	12-101
	§ 245	12-103
	§ 246	12-113
	§ 246A	12-105
	§ 247	13-407, 13-1705, 13-2005, 13-2202
	§ 248	13-405
	§ 248A	13-907, 13-908
	§ 249	13-1306
	§ 250	13-1602
	§ 251	13-2103 to 13-2110,
	§ 251A	13-2606 to 13-2616
	§ 251B	13-2619 to 13-2628
	§ 251C	13-2001 to 13-2004, 13-2006
	§ 252	13-606
	§ 253	13-1701 to 13-1704, 13-1706
	§ 253A	13-1101 to 13-1115,
	§ 254	13-1501, 13-1503 to 13-1512
	§ 255	13-201 to 13-205, 13-301, 13-401 to 13-404, 13-408, 13-602 to 13-604, 13-607, 13-702 to 13-704, 13-801, 13-902, 13-1202, 13-1303, 13-1401, 13-1601, 13-1603, 13-1604, 13-1902, 13-2101, 13-2102, 13-2111 to 13-2115, 13-2201, 13-2301, 13-2403, 13-2404
	§ 255A	13-203 to 13-207
	§ 255B	13-1801, 13-1803 to 13-1815,
	§ 255C	13-2401, 13-2414 to 13-2437
	§ 256	13-2502 to 13-2504, 13-2506 to 13-2508
	§ 256A	13-2505
	§ 257	13-501, 13-503 to 13-505, 13-510
	§ 258	13-903 to 13-906, 13-909
	§ 258A	13-1301, 13-1304, 13-1305, 13-1307
	§ 258B	13-1901, 13-1903 to 13-1912,
	§ 259	13-2407 to 13-2411
	§ 259A	13-705 to 13-709
	§ 260	13-507, 13-509
	§ 260A	13-508
	§ 261	13-1001, 13-1003 to 13-1005
	§ 261C	13-506
	§ 261C-1	13-406, 13-605
	§ 261D	12-101, 12-106
	§ 261E	12-101, 12-108
	§ 263	12-111
	§ 264A	12-107
	§ 264B	12-301 to 12-306
	§ 264C	12-307
	§ 265	10-401, 10-402
	§ 267	10-404
	§ 267A	10-403
	§ 268E	9-401
	§ 268F	9-402
	§ 268G	9-403
	§ 268H	3-607
	§ 276	5-102
	§ 277	1-101, 5-101, 5-401, 5-404, 5-604
	§ 278	5-202
	§ 279	5-402 to 5-406
	§ 280	5-203, 5-204
	§ 281	5-301, 5-303 to 5-305
	§ 281A	5-621
	§ 282	5-307 to 5-310
	§ 283	5-306
	§ 284	5-303
	§ 285	5-501 to 5-505
	§ 286	5-602 to 5-609, 5-612, 5-613
	§ 286A	5-614
	§ 286B	5-617
	§ 286C	5-628
	§ 286D	5-627
	§ 286E	5-628
	§ 287	5-101, 5-601, 5-620
	§ 287A	5-619
	§ 287B	5-618
	§ 287C	5-624
	§ 288	5-902, 5-904
	§ 289	5-903, 5-904
	§ 291	5-907
	§ 291A	5-622
	§ 293	5-905
	§ 294	5-804, 5-805
	§ 295	5-806
	§ 296	5-201
	§ 297B	5-623
	§ 297C	5-1001
	§ 297D	5-1002
	§ 298	5-801, 5-802, 5-807 to 5-809, 5-901
	§ 298A	5-810
	§ 299	5-803
	§ 300	5-701 to 5-704
	§ 301	5-708
	§ 301A	5-709
	§ 302	5-203
	§ 303
	§ 304	5-710
	§ 305	5-705
	§ 322	10-102
	§ 323	10-103
	§ 334	10-109
	§ 335	3-323
	§ 335A	11-107
	§ 336B	7-204
	§ 337	3-502
	§ 338	3-503
	§ 340	7-101 to 7-104
	§ 341	7-102, 7-109
	§ 342	7-104
	§ 342A	7-105
	§ 343	7-110
	§ 344	7-107, 7-108
	§ 345	7-106
	§ 348A	3-405
	§ 349	7-203
	§ 353	3-806
	§ 354	3-905
	§ 356	12-201
	§ 357	12-201, 12-203
	§ 358	12-203
	§ 359	12-201, 12-203
	§ 360	12-201, 12-204
	§ 361	12-204
	§ 362	12-201, 12-205
	§ 363	12-206
	§ 364	12-207
	§ 365	12-209
	§ 366	12-210
	§ 367	12-202, 12-203
	§ 368	12-208
	§ 369	12-212
	§ 370	12-212
	§ 371A	12-202
	§ 372	1-101, 4-401
	§ 373	4-404
	§ 374	4-405
	§ 375	4-405
	§ 376	4-402
	§ 377	4-402
	§ 378	4-403
	§ 379	4-403
	§ 380	4-402
	§ 382	4-406
	§ 383	4-407
	§ 387	2-207
	§ 387A	2-207
	§ 388	2-209
	§ 388A	2-501 to 2-508
	§ 388B	3-211, 3-212
	§ 388C	2-101, 3-211
	§ 389	6-306, 6-307
	§ 400	10-118
	§ 400A	10-119
	§ 400B	10-120
	§ 401	10-121
	§ 401A	10-122
	§ 401B	10-123
	§ 402	10-124
	§ 403	10-124
	§ 403A	10-125
	§ 404	10-101, 10-107
	§ 405	10-107
	§ 406	10-108
	§ 407	2-201
	§ 408	2-201
	§ 409	2-201
	§ 410	2-201
	§ 411	2-204
	§ 411A	2-205, 2-206
	§ 412	2-101, 2-201 to 2-204, 2-301, 2-302
	§ 413	2-303 to 2-305
	§ 413A	2-303
	§ 414	2-401
	§ 414A	2-303
	§ 415	2-102
	§ 416	3-101 to 3-104
	§ 416A	1-101, 11-101
	§ 416B	11-102
	§ 416C	11-103
	§ 416D	11-105
	§ 416E	11-104
	§ 416F	11-106
	§ 416G	11-102 to 11-105
	§ 417	1-101, 11-201
	§ 418	11-202
	§ 418A	11-202
	§ 418B	11-204
	§ 419	11-203
	§ 419A	1-101, 11-207
	§ 419B	11-208
	§ 420	11-209
	§ 421	11-205
	§ 422	11-206
	§ 423	11-210
	§ 424	11-202 to 11-206, 11-209
	§ 425	11-211
	§ 426	11-301
	§ 427	11-302
	§ 428	11-303
	§ 429	11-304
	§ 430	11-305
	§ 431	11-306
	§ 435	9-101
	§ 436	9-103
	§ 437	9-101
	§ 438	9-102
	§ 439	9-101, 9-102
	§ 450	3-213
	§ 451	3-214
	§ 453	6-501
	§ 453A	6-502
	§ 455	6-503
	§ 456	6-504
	§ 458	6-505
	§ 460	6-506
	§ 461	3-301
	§ 461A	3-319
	§ 461B	3-320
	§ 461C	3-317
	§ 462	3-303
	§ 463	3-304
	§ 464	3-305
	§ 464A	3-306
	§ 464B	3-307
	§ 464C	3-308
	§ 464D	3-318
	§ 464E	3-302
	§ 464F	3-309 to 3-312
	§ 464G	3-314
	§ 465	3-316
	§ 467A	7-306 to 7-310
	§ 468	10-110
	§ 470A	10-301 to 10-306
	§ 486	3-401, 3-402
	§ 487	3-403
	§ 488	3-404
	§ 535	9-701
	§ 536	9-702
	§ 537	9-703
	§ 538	9-704
	§ 539	9-705, 9-706
	§ 540	9-707
	§ 541	9-708
	§ 553	3-321
	§ 554	3-322
	§ 555A	3-804
	§ 555B	9-602
	§ 555C	3-805
	§ 556	3-906
	§ 557A	8-210
	§ 557B	9-603
	§ 561	3-706
	§ 561A	3-708
	§ 562	3-705
	§ 562A	3-707
	§ 562B	3-701
	§ 562C	3-702
	§ 562D	3-703
	§ 563	3-704
	§ 576	6-401, 6-404 to 6-406
	§ 577	6-402 to 6-408
	§ 577B	10-204
	§ 578	6-409, 6-410
	§ 579	3-901
	§ 579A	3-903
	§ 579B	3-902
	§ 580A	3-904
	§ 583	3-907
	§ 610	12-112, 12-211
	§ 612	1-401
	§ 616	2-208
	§ 626	14-103
	§ 627	2-303
	§ 643	14-102
	§ 643B	14-101
	§ 644A	1-201
	§ 760	9-301
	§ 761	9-302
	§ 762	9-303
	§ 763	9-304
CL	§ 11-904	10-614
	§ 14-1401	8-213
	§ 14-1402	8-214
	§ 14-1403	8-215
	§ 14-1404	8-216
	§ 14-1405	8-217