| THUMB INDEX | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| A | B | C | D | E | F | G | H | I | J | K | L | M |
| N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
Please see the Offical State of Maryland States Website!
Please see the Official Maryland General Assembly Website!
Search Maryland Statutes and Laws!
Any person who shall, for purposes of prostitution, fornication or concubinage, forcibly abduct from his or her home or usual place of abode or from the custody and control of his other parent or parents or guardian any individual under the age 16 or be accessory thereto, or who shall for said purpose persuader entice from his or her usual place of abode, or from the custody and control of his or her parent or parents or guardian, any such individual, or be accessory thereto, or shall knowingly secrete or harbor any such individual so abducted, persuaded or enticed as aforesaid, against the consent of his or her parent or parents or guardian, or the person or persons who may have temporary care, custody or control of such individual, or be accessory thereto, upon conviction, is guilty of a misdemeanor and shall undergo imprisonment, in the discretion of the court, not exceeding the term of eight years. Nothing contained in this sections shall apply to cases pending nor to violations of the law which have heretofore occurred, but all such cases an violations shall be prosecuted as if the law hereby repealed were still enforce. Art. 27, Sec. 1.
Any person who shall without the color of right forcibly abduct, take or carry away any child under the age of twelve years from the home or usual place of abode of such child, or from the custody and control of the parent or parents, or lawful guardian or guardians of such child, to be accessory there to, or who shall without such color of right and against the consent of the parent or parents or lawful guardian or guardians of such child, persuade or entice from the usual place of abode or house of such child, or from the custody and control of the parent or parents, or guardian or guardians of such child, or be accessory thereto, or shall knowingly secrete or harbor such child, or be accessory thereto, with the intent to deprive such parent or parents, guardian or guardians, or any person who may be in lawful possession of such child, of the custody, care and control of such child, shall be guilty of a felony, and upon conviction shall suffer imprisonment in the penitentiary for a term not exceeding twenty years, in the discretion of the court. For the purpose of this section, the terms "usual place of abode", "home", and "house" include the real property appurtenant thereto. Art. 27, Sec. 2.
Every person, his counsellors, aiders or abettors, who shall be convicted of the crime of kidnapping and forcible or fraudulently carrying or causing to be carried out of or within this State any person, except in the case of a person under eighteen years of age, by a parent thereof, with intent to have such person carried out of or within this State, shall be guilty of a felony and shall be sentenced to the penitentiary for not more than thirty years. Art. 27, Sec. 337.
Every person, his counsellors, aiders or abettors, who shall be convicted of kidnapping and forcibly or fraudulently stealing, taking or carrying away any child under the age of sixteen years, except by a parent thereof, shall be guilty of a felony and shall be sentenced to the penitentiary for not more than thirty years. Art. 27, Sec. 338.
(a) Scope of section--This section applies if there is a conflict between a custody order of a court of this State and a custody order of another state.
(b) Order of court of this State prevails--Except as provided in subsection (c) of this section, a custody order of a court of this State prevails over a custody order of a court of another state.
(c) Exception--A custody order of a court of another state prevails over a custody order of this State if the court in the other state passed its custody order:
(1) after the custody order was passed by a court of this State; and
(2) in proceedings in which the lawful custodian under the custody order of a court of this State:
(i) consented to the custody order passed by the court of the other state; or
(ii) participated personally as a party. Family Law Article 9-303.
If a child under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not:
(1) abduct, take, or carry away the child from the lawful custodian to a place within this State;
(2) having acquired lawful possession of the child, detain the child within this State for more than 48 hours after the lawful custodian demands that the child be returned;
(3) harbor or hide the child within this State, knowing that possession of the child was obtained by another relative in violation of this subsection; or
(4) act as an accessory to an act prohibited by this section.
Family Law Article 9-304
If a child is under the age 16 years, a relative who knows that another person is the lawful custodian of the child may not:
(1) abduct, take or carry away from the lawful custody to a place outside of this State;
(2) having acquired lawful possession of the child, detain the child outside of this State for more than 48 hours after the lawful custodian demands that the child be returned;
(3) harbor or hide the child outside of this State knowing that possession of this child was obtained by another relative in violation of this section; or
(4) act as an accessory to an act prohibited by this section. Family Law Article 9-305.
(a) Petition--If an individual violated the provisions of § 9-304 or § 9-305 of this subtitle, the individual may file in an equity court a petition that:
(1) states that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child; and
(2) seeks to revise, amend, or clarify the custody order.
(b) Defense--If a petition is filed as provided in subsection (a) of this section within 96 hours of the act, a finding by the court that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child is a complete defense to any action brought for a violation of § 8-304 or § 9-305 of this subtitle. Family Law Article 9-306.
(a) (1) In this section the following words have the meanings indicated.
(2)(i) Abuse means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by a care giver, a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a vulnerable adult, or by any household or family member 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 the performance of an accepted medical or behavioral procedure ordered by a health care provider acting within the scope of the health care provider's practice.
(3) Care giver 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) "Health care provider" means any person who is authorized to practice under the Health Occupations Article.
(6) "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
(7) "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.
(8)(i) Neglect means the sustaining of serious physical harm by a vulnerable adult as the result of the willful deprivation of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision.
(ii) Neglect does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by state law instead of medical treatment.
(9)(I) "Sexual abuse" means any act that involves sexual molestation or exploitation of a vulnerable adult by a care giver, a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a vulnerable adult, or by any household member or family member.
(II) "Sexual abuse" includes:
1. incest, rape, or sexual offense in any degree;
2. sodomy; and
3. 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.
(b)(1) A care giver, a parent or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult, or any household member or family member, who causes abuse or neglect of a vulnerable adult is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment for not more than 5 years, or both.
(2) A sentence imposed under this section shall be in addition to any other sentence imposed for a criminal conviction arising from the same facts and circumstances unless the evidence required to prove each offense is substantially identical.
(c) If a person reports to a state or local agency that an adult has been or is currently subjected to abuse or neglect, an investigation shall be conducted in accordance with:
(1) Section 7-1005 of the Health-Gen. Art. if the adult is an individual with a developmental disability as defined in section 7-101 of the Health-Gen. Article;
(2) Section 10-705 of the Health-Gen. Art. if the adult is an individual in a facility as defined in sec. 10-101 of the Health-Gen. Article;
(3) Section 19-346 or section 19-347 of the Health-Gen. Art. if the adult is a resident of a related institution as defined in sec. 19-301 of the Health-Gen. Article; and
(4) Section 14-301 through sec. 14-309 of the Family Law Art. if the adult does not meet the criteria of paragraphs (1), (2), or (3) of this subsection. Art. 27, Sec. 35B.
An accessory before the fact is one who, being absent at the time of commission, abets induces or procures another to commit a felony. Hocheimer, Sec. 24. See Wimpling vs. State, 171 Md. 362.
An accessory after the fact is one who, knowing felony to have been committed by another, receives or otherwise aids or assists him, in hindrance of public justice to avoid or escape arrest, trial or punishment. Hochheimer, Sec. 25.
All persons who in any degree participate in a criminal transaction are comprehended under the general designation of accomplice, or particeps criminis, and incur the guilt of the crime perpetrated. Hochheimer, Sec. 21.
Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful except in the case of a forced landing. Transportation Article, Sec. 5-1001.
It shall be unlawful for any person to operate an aircraft in the air or on the ground or water, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. Transportation Article, Sec. 5-1006.
(a) A person may not operate an aircraft towing an advertisement for promotional purposes in violation of applicable federal aviation regulations that relate to altitude or horizontal radius over any public or private sporting arena in Baltimore City.
(b) Any person who violates any provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,500. Transportation Article, Sec. 5-1007.
(a) Prohibited.--Except as specifically authorized by State or federal law, a person may not be aboard, board, or attempt to board any aircraft engaged in certificated air commerce services with any firearm or explosive on or about his person, whether openly or concealed.
(b) Penalty.--Any person who violates any provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years. Transportation Article, Sec. 5-1008.
For provisions relating to licenses required for aircraft and airmen. "See Transportation Article".
For the purposes of this article and unless otherwise required by the context:
(2)(t) "Consumer" means any natural person 21 years old or older or any corporation not otherwise interdicted by this article or any other law of this State, who buys, possesses, keeps or transports alcoholic beverages upon which the taxes provided by the tax provisions of this article have been paid, for his own use and not for sale.
(a)(1) Alcoholic Beverages Generally. No alcoholic beverages shall be bought, possessed, stored, imported, transported, kept or suffered to be bought, possessed, stored, imported, transported or kept in any vehicle, vessel or air craft or on any premises or under his charge or control by any person except: (i) by a consumer or, (ii) by a licensee as provided in this article or, (iii) by a person under 21 years of age who may have in his possession or transport alcoholic beverages for any lawful purpose with the knowledge and consent of his parent or guardian or incident to the lawful employment of the person as provided for in this article. However, this exception shall not be construed to permit a person under the age of 21 to buy or consume alcoholic beverages, nor to possess, store, import, transport or keep alcoholic beverages for his own use, nor to buy, possess, store, import, transport or keep alcoholic beverages for any purpose in any county or Baltimore City where other wise prohibited by this article or any other law of this State.
(2) Nontax Paid Alcoholic Beverages. No alcoholic beverages upon which the taxes provided by the tax provisions of this article have not been paid shall be bought, sold, bargained, imported, stored, transported, possessed or kept or suffered to be bought, sold, bargained, imported, stored, transported, possessed, or kept in any vehicle, vessel, air craft or on any premises or under his charge or control by any person except:
(iii) A consumer 21 years of age or over shall be permitted to bring into the State of Maryland in his possession, for his personal use only, 1 gallon of alcoholic beverage free of any tax imposed under the provisions of this article if purchased in the Virgin Islands of the United States, American Samoa, or Guam.
(iv) A consumer 21 years of age or over shall be permitted to bring into the State of Maryland alcoholic beverages in his possession for personal use only, not in excess of one gallon purchased outside the continental limits of the United States. The consumer, as the case may be, shall make application on forms prescribed by the Comptroller and pay the taxes due on any alcoholic beverages not designated tax-exempt by this section. Art. 2B, Sec. 2(t), 3(a).
(a)(1) A licensee under the provisions of this article, or any of his employees, may not sell or furnish any alcoholic beverages at an time to a person under 21 years of age, either for his own use or for the use of any other person, or to any person who, at the time of the sale, or delivery, is visibly under the influence of any alcoholic beverage. Any licensee or any of his employees who is charged with a violation of this subsection shall receive a summons for his appearance in court on a certain day to answer the charges placed against him. The person charged may not be required to post bail bond pending trial in any court of this state.
(2) A licensee or employee of the licensee violating any of the provisions of this subsection is guilty of a misdemeanor and upon conviction, suffers the penalties provided by $200 of this article. However, a licensee or employee of the licensee charged with selling or furnishing any alcoholic beverages to a person under 21 years of age, may not be found guilty of a violation of this subsection, if the person establishes to the satisfaction of the jury or the court sitting as a jury. That he used due caution to establish that the person under 21 years of age, was not, in fact, a person under 21 years of age if a nonresident of the State. If the person is a resident of the State of Maryland, the licensee or employee of the licensee may accept, as proof of a person's age, the display of the person's driver's license or identification card as provided for in the Maryland Vehicle Law. If any licensee or employee of the licensee shall be found not guilty, or placed on probation without a verdict, of any alleged violation of this subsection, this finding operates as a complete bar to any proceeding by any alcoholic beverage law-enforcement or licensing authorities against the licensee on account of the alleged violation, provided that the person inducing the sale in question has been found guilty by a court under one of the sections of Article 27 of the Annotated Code of Maryland numbered 400 to 403, both inclusive. Art. 2B sect.3(a)
It is unlawful for a person to knowingly and willfully make a misrepresentation or false statement as to the age of that person or another to any person licensed to sell alcoholic beverages or engaged in the sale of alcoholic beverages, for the purpose of unlawfully obtaining, procuring, having unlawfully furnished to a person, or inducing to unlawfully furnish to a person an alcoholic beverage. Art. 27, Sec. 400.
It is unlawful for any person under the age of 21 years to have in his possession, or order under his charge or control, any alcoholic beverage unless the person is a bona fide employee of the license holder, as defined in Article 2B, and has in his possession, or under his charge or control, alcoholic beverages during regular working hours and in the course of his employment. Art. 27, Sec. 400A.
An individual under the age of 21 years may not possess a card or document that falsely identifies the age of the individual under circumstances that reasonably indicate an intention to violate the provisions of this subheading. Art. 27, Sec. 400B.
It is unlawful for any person to obtain any spirituous or fermented liquor from any person licensed to sell intoxicating liquors for consumption by any person under age 21, or for a person not designated under Article 2B, § 2(t)(2) of the Code, in the case of beer or light wine, knowing that the person is under 21, or not designated under Article 2B, §2(t)(2) in the case of beer or light wine. Art. 27, Sec. 401.
(a) Except as provided in subsection (b) of this section, a person may not furnish any alcoholic beverage to another person if:
(1) The person furnishing the beverage knows that the person is under 21 years of age; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the person under 21 years of age.
(b) The prohibition in subsection (a) of this section does not apply if the individual furnishing the alcoholic beverage and the individual to whom the beverage is served:
(1) Are members of the same immediate family, and the beverage is furnished and consumed in a private residence; or
(2) Are participants in a religious ceremony. Art. 27, Sec. 401A.
(a) Any person under the age of 18 years who violates the provisions of this subheading shall be issued a citation by a police officer authorized to make arrests and shall be subject to the procedures and dispositions provided in Subtitle 8 of Title 3 of the Courts and Judicial Proceedings Article.
(b) Any person 18 years old or older who violates the provisions of this subheading shall be issued a citation and be subject to the provisions of § 403B of this subheading.
(c) In addition to Police Officers authorized to make arrests, Forest and Park Wardens under § 5-206(a) of the Natural Resources Article may issue citations as provided in subsections (a) and (b) of this section, in State Forestry Preservations, State Parks, Historic Monuments, and Recreation Areas for the purpose of enforcing this subtitle. Art. 27, Sec.402.
(a) For purposes of this section, a violation of the provisions of this subheading is deemed a Code violation and is a civil offense.
(b) A law enforcement officer authorized to make arrests shall issue a citation to a person if the officer has probable cause to believe that a person is committing or has committed a Code violation.
(c)(1) A citation issued under this section shall be signed by the issuing officer and shall contain:
(i) The name and address of the person charged;
(ii) The person's signature;
(iii) The statute allegedly violated;
(iv) The date, location, and time that the violation occurred;
(v) The fine that may be imposed;
(vi) A notice stating that prepayment of the fine is not permitted; and
(vii) A notice stating that the District Court shall promptly send the person a summons to appear for trail.
(2) The form of the citation issued under this section should be uniform throughout the State and shall be as prescribed by the District Court.
(d) The Chief Judge of the District Court may not establish a schedule for the prepayment of fines.
(e) The issuing jurisdiction shall forward to the District Court having venue a copy of the citation and a request for a trial.
(2) The District Court shall promptly schedule the case for trial and summon the defendant to appear. The defendant's failure to respond to the summons shall be contempt of court.
(f)(1) If a person is found by the District Court to have committed a Code violation, that person shall be required to pay a fine in an amount not to exceed $500.
(2) If the violation is a repeat offense, that person shall be required to pay a fine in an amount not to exceed $1,000.
(3)(I) In this paragraph "Driver's License" means a license or permit to drive a motor vehicle that is issued under the laws of this state or any other jurisdiction.
(II) This paragraph applies only to:
1. A person who is at least 18 but under 21 years of age; or
2. A minor if the minor is subject to the jurisdiction of the court.
(III) If a person is found guilty of a code violation under subsection 400 of this subheading that involved the use of a driver's license or a document purporting to be a driver's license a court shall notify the motor vehicle administration of the violation.
(IV) The chief judge of the district court, in conjunction with the motor vehicle administrator, shall establish uniform procedures for reporting code violations described in this paragraph.
(4) The person shall be liable for the costs of the proceedings in the District Court.
(g) Adjudication of a Code violation is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(h) In any proceeding for a Code violation:
(1) The State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of criminal causes, and in any such proceeding, the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal causes;
(2) The court shall ensure that the defendant has received a copy of the charges against him and that he understands those charges. In such proceedings, the defendant is entitled to cross-examine all witnesses who appear against him, to produce evidence or witnesses in his own behalf, or to testify in his own behalf, if he elects to do so;
(3) The defendant is entitled to be represented by counsel of his own selection and at his own expense; and
(4) The defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:
(i) guilty of a Code violation;
(ii) not guilty of a Code violation; or
(iii) before rendering judgment, the court may place the defendant on probation in the same manner and to the same extent as is permitted by law in the trial of a criminal case.
(i) The court costs in a Code violation case in which costs are imposed are $5. A defendant is liable for payment to the Criminal Injury Compensation Fund.
(j) When a defendant has been found guilty of a Code violation and a penalty has been imposed by the court, the court may direct that the payment of the fine be suspended or deferred under such conditions as the court may establish. When any defendant has been found guilty of a Code violation and willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may be punished by the court as provided by law.
(k) A defendant who has been found guilty of a Code violation has the right to appeal or to file a motion for a new trial or a motion for a revision of judgement provided by law in the trial of a criminal case. The motions shall be made in the same manner provided in the trial of criminal cases, and the court, in ruling on the motions has the same authority provided in the trial of criminal cases.
(l) The State's Attorneys of any county may prosecute a Code violation in the same manner as prosecution of a violation of the criminal laws of this State. The State's Attorney is authorized to enter a nolle prosequi in such cases or to place such cases on the stet docket, and to exercise authority in the same manner prescribed by law for violation of the criminal laws of this State. Art. 27, Sec. 403.
(a) Failure or refusal to furnish proof of identification and age; fine.--It is unlawful for any person being issued a citation under § 400 through 403 of this article or § 26-103 of the Education Article to fail or refuse to furnish proof of identification and age upon request of the officer issuing the citation. Any person violating the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $50.
(b) Juvenile court jurisdiction; waiver.--The juvenile court has jurisdiction over those minors who are within the age of juvenile court jurisdiction, the District Court has jurisdiction over the matter, notwithstanding any provisions of § 4-301 of the Courts Article of the Code to the contrary. Art. 27, Sec. 403A.
(A) Any person who (1) overdrives, overloads, deprives of necessary sustenance, tortures, torments, or cruelly beats; or (2) causes, procures or authorizes these acts; or (3) having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon the animal, or unnecessarily fails to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter or protection from the weather; or (4) uses or permits to be used any bird, fowl, or cock for the purpose of fighting with any other animal, which is commonly known as cockfighting; or (5) knowingly attends a deliberately conducted dogfight as a spectator, is guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment not to exceed 90 days, or both.
(B) Any person who (1) intentionally mutilates or cruelly kills an animal, or causes, procures, or authorizes the cruel killing or intentional mutilation of an animal; or (2) uses or permits a dog to be used in or arranges or conducts a dogfight, is guilty of a misdemeanor punishable by a fine not exceeding $5,000 or by imprisonment not to exceed 3 years, or both.
(C) Customary and normal veterinary and agricultural husbandry practices including but not limited to dehorning, castration, docking tails, and limit feeding, are not covered by the provisions of this section. In the case of activities in which physical pain may unavoidably be caused to animals, such as food processing, pest elimination, animal training and hunting, cruelty shall mean a failure to employ the most humane method reasonably available. It is the intention of the General Assembly that all animals, whether they be privately owned, strays, domesticated, feral, farm, corporately or institutionally owned, under private, local, State, or federally funded scientific or medical activities, or otherwise being situated in Maryland shall be protected from intentional cruelty, but that no person shall be liable for criminal prosecution for normal human activities to which the infliction of pain to an animal is purely incidental and unavoidable. Art. 27, Sec. 59.
(a) A person may not leave a cat or dog unattended in a standing or parked motor vehicle in a manner that endangers the health or safety of the cat or dog.
(b) A person may use reasonable force to remove from a motor vehicle a cat or dog left in the vehicle in violation of the provisions of subsection (a) of this section if the person is:
(1) a law enforcement officer;
(2) a public safety employee of the State or of a local governing body;
(3) an animal control officer under the jurisdiction of the State or a local governing body;
(4) an officer of a society or association, incorporated under the laws of this State for the prevention of cruelty to animals, authorized to make arrests under the provisions of Art. 27, § 63 of the code; or
(5) a volunteer or professional of a fire and rescue service.
(c) A person described in subsection (b) of this section may not be held liable for any damages directly resulting from actions taken under the provisions of subsection (b) of this section. Transportation Article 21-1004.1.
(A) In this subheading the following words have the meanings indicated.
(B) "Dwelling" means a structure, regardless of whether an in individual is actually present, any portion of which has been adapted for overnight accommodation of individuals, including any kitchen, shop, barn, stable, or outhouse that is parcel to, belonging to, or adjoining the structure.
(C) "Maliciously" describes an act done with intent to harm a person or property.
(D) "Occupied Structure" means a structure, other than a dwelling, in or on which at the time of the offense another individual who is not a participant in the offense is present.
(E) "Structure" means a building, other construction, vehicle, or watercraft, including:
(1) Any barn, stable, garage, pier, wharf, boathouse, and any facility attached to a pier or wharf;
(2) Any shop, storehouse, warehouse, factory, mill, house of worship, meeting house, courthouse, workhouse, school, tent, public building, or public bridge; and
(3) Any motor vehicle, aircraft, boat, ship, and railroad car.
(F) "Willfully" describes an act which is done intentionally, knowingly, and purposely. Art. 27, Sec. 5.
(A)A person may not wilfully and maliciously set fire to or burn a dwelling or occupied structure, whether the property of the person or another.
(B) A person who violates this section is guilty of the felony of arson in the first degree and upon conviction is subject to a fine of not more than $50,000 or imprisonment for not more than 30 years or both. Art. 27, Sec. 6.
(A) A person may not willfully and maliciously sets fire to or burn a structure, whether the property of the person or of another.
(B) A person who violates this section is guilty of the felony of arson in the second degree, and on conviction is subject to a fine of not more than $30,000 or imprisonment for not more than 20 years or both. Art. 27, Sec. 7.
INSURED PROPERTY
(a)(1)A person may not willfully and maliciously set fire to or burn any personal property of another person.
(2) If the damage to the property is less than $1,000, a person who violates the provisions of this subsection is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to a fine of not more than $500 or imprisonment for not more than 18 months or both.
(3) If the damage to the property is $1,000 or more, a person who violates the provisions of this subsection is guilty of the felony of malicious burning in the first degree and on conviction is subject to a fine of not more than $5,000 or imprisonment for not more than 5 years or both.
(b)(1) A person may set fire to or burn property of any kind, with intent to defraud.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment in the penitentiary for not more than 5 years or a fine of not more than $5,000 or both.
(3) A sentence imposed under this subsection may be imposed separate from and consecutive to or concurrent with a sentence for any offense based on the act or acts establishing the offense. Art. 27, Sec. 8.
(a) A person may not threaten either verbally or in writing to:
(1) Set fire to or burn a structure; or
(2) Explode a destructive device as defined under subsection 139B of this article in, on, or under a structure.
(b) A person who violates subsection(a) of this section is guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $10,000 or imprisonment for more than 10 years or both. Art. 27, Sec. 9.
A person may not wilfully and maliciously set fire to or burn the contents of any dumpster or any other trash container or receptacle belonging to another person.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 or imprisonment for not more than 30 days or both. Art. 27, Sec. 9A.
(a) Placing or distributing any flammable, explosive, or combustible material or substance or device in or near structure or personal property in preparation for burning that structure or property shall be considered an attempt to burn that structure or property.
(b) If a structure is divided into separately owned or leased units, each unit shall be considered a separate structure for purposes of a prosecution under this subheading. Art. 27, Sec. 9B.
(A) In this subheading the following words have the meanings indicated.
(B) Except as otherwise provided in this subheading, "Assault" means the offenses of assault, battery, and assault and battery, which terms retain their judicially determined meanings.
(C) "Serious physical injury" means physical injury which:
(1) Creates a substantial risk of death;
(2) Causes serious, permanent or serious protracted disfigurement;
(3) Causes serious, permanent or serious protracted loss of the function of the function of any bodily member or organ. ART. 27, Sec. 12
(A) A person may not commit an assault.
(B) A person who violates this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to a fine of not more than $2,500 or imprisonment for not more than 10 years or both. Art.27, Sec.12A
(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 subsection 36F of this article;
(ii) An assault pistol, as defined in subsection 36H-1 of this article;
(iii) A pistol, revolver, or antique pistol or revolver, as those terms are defined in subsection 441 of this article;
(iv) An assault weapon, as defined in subsection 481E of this article;
(v) A machinegun, as defined in subsection 372 of this article.
(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 for not more than 25 years.
Art. 27, Sec. 12A-1
(A) Unless a specific degree or degrees of assault are specified, the term "assault" when used elsewhere in the code shall mean assault in any degree.
(B) Expert testimony is admissible to prove, but is not required to prove serious physical injury. Art. 27, Sec. 12A-7
(a) Every inmate convicted of assault in any degree on another inmate or on an employee of the Division of Correction, the Patuxent Institution, the Baltimore City Jail, or any county jail or detention center, regardless of employment capacity, shall be sentenced under this section.
(b) A sentence imposed under this section shall run consecutively to any sentence that was being served at the time of the assault, or that had been imposed but was not yet being served at the time of sentencing.
(c) A sentence imposed under this section may not be suspended. Art. 27, Sec. 12A-6.
(a) (1) In this section the following words have the meanings indicated.
(2) :Abuse" has the meaning stated in subsection 4-501 of the Family Law Article.
(3) "Victim" includes a person eligible for relief as described in subsection 4-501 of the Family Law Article.
(b)(1) Any person who alleges to have been a victim of abuse and who believes there is a danger of serious and immediate injury to himself or herself may request the assistance of a local law enforcement agency.
(2) A local law enforcement officer responding to the request for assistance shall:
(I) Protect the complainant from harm when responding to the request; and
(II) Accompany the complainant to the family home so that the complainant may remove:
1. The personal clothing of the complainant and of any child in the care of the complainant that are required for immediate needs of the complainant or the child.
(c) Any law enforcement officer responding to such a request shall have the immunity from liability described under subsection 5-326 of the Courts and Judicial Proceedings Article. Art. 27, Sec. 11F.
In this subtitle the following words have the meanings indicated.
(b)(1) "Abuse" means any of the following:
(i) an act that causes serious bodily harm;
(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;
(iii) assault in any degree;
(iv) Rape or sexual offense as defined by article 27, sections 462 through 464C or attempted rape or sexual offense in any degree;
(v) False imprisonment.
(2) If the person for whom relief is sought is a child, "abuse" may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.
(3) If the person for whom relief is sought is a vulnerable adult, "abuse" may also include abuse of a vulnerable adult, as defined in Title 13, subtitle 1 of this article.
(C) "Court" means the District Court or a Circuit Court in this States.
(D) "Emergency family maintenance" means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:
(1) The financial needs of the person eligible for relief; and
(2) The resources available to the person eligible for relief and the respondent.
(E) "Home" means the property in this State that:
(1) Is the principal residence of a person eligible for relief; and
(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.
(F) "Local department" means the local department of social services that has jurisdiction in the county:
(1) where the home is located; or
(2) if different, where the abuse is alleged to have taken place.
(G) "Person eligible for relief" includes:
(1) The current or former spouse of the respondent;
(2) A cohabitant of the respondent;
(3) A person related to the respondent by blood, marriage, or adoption:
(4) a parent, stepparent, child, or stepchild of the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;
(5) A vulnerable adult; or
(6) An individual who has a child in common with the respondent.
(H)(1) "Petitioner" means an individual who files a petition.
(2) "Petitioner" includes:
(i) A person eligible for relief; or
(ii) The following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:
(1) The state's attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;
(2) The department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;
(3) A person related to the child or vulnerable adult by blood, marriage, or adoption; or
(4) An adult who resides in the home.
(I) "Respondent" means the person alleged in the petition to have committed the abuse.
(J) Vulnerable adult has the meaning provided in subsection 14-101(Q) of this article. Family Law Art. 4-501
(a) A petitioner may seek relief from abuse by filing with a court a petition that alleges abuse of any person eligible for relief by the respondent.
(b)(1) The petition shall:
(i) be under oath; and
(ii) include any information known to the petitioner of:
(1) The nature and extent of the abuse for which the relief is being sought, including information known to the petitioner concerning previous injury resulting from abuse by the respondent;
(2) each previous action between the parties in any court;
(3) each pending action between the parties in any court.
(4) the whereabouts of the respondent, if known;
(5) if financial relief is requested, information known to petitioner regarding the financial resources of respondent; and
(6) in a case of alleged child abuse or alleged abuse of a vulnerable adult, any information known to the petitioner of:
the whereabouts of the child or vulnerable adult and any other information relating to the abuse of the child or vulnerable adult.
(2) If the petition states that disclosure of the address of a person eligible for relief would risk further abuse of a person eligible for relief, or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court. If disclosure is necessary to determine jurisdiction or consider any venue issue, it shall be made orally and in camera and may not be disclosed to the respondent.
(c) The petitioner may not be required to pay a filing fee or costs for the issuance or service of:
(1) A temporary ex parte order;
(2) A protective order;
(3) A witness subpoena.
(d)(1) When the court finds reasonable grounds to believe that abuse of as child, as defined in Title 5, subtitle 7 of this Article, or abuse of a vulnerable adult, as defined in Title 14, subtitle 1 of this article, has occurred, the court shall forward a copy of the petition and the ex parte order to the local department.
(2) When the local department receives the petition and the ex parte order from the court, the local department shall:
(i) 1. investigate the alleged abuse as provided in Title 5, Subtitle 7 of this article; or
(ii) 2. investigate the alleged abuse as provided in Title 14, Subtitle 3 of this Article; and
(ii) forward a copy of the report of the investigation to the court by the date of the protective order hearing.
Family Law Art. 4-504
(a)(1) If a petition is filed under this subtitle and the court finds that there are reasonable grounds to believe that a person eligible for relief has been abused, the court, in an expert proceeding, may enter a temporary order to protect any person eligible for relief from abuse.
(2) The temporary ex parte order may order any or all of the following relief:
(I) order the respondent to refrain from further abuse or threats of abuse of a person eligible for relief;
(II) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief;
(III) order the respondent to refrain from entering the residence of a person eligible for relief;
(IV) where the person eligible for relief and the respondent are residing together at the time of the alleged abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home provided that the court may not grant an order to vacate and award temporary use and possession of the home to a nonspouse person eligible for relief appears on the lease or deed to the home or the person eligible for relief has resided in the home with the respondent for a period of at least 90 days within one year before the filing of the petition;
(V) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members; and
(VI) award temporary custody of a minor child of the person eligible for relief and the respondent.
(b)(1) A law enforcement officer immediately shall serve the temporary ex parte order on the alleged abuser under this section.
(2) there shall be no cost to the petitioner for service of the temporary ex parte order.
(C)(1) The temporary ex parte order shall be effective for not more than 7 days after service of the order.
(2) The court may extend the temporary ex parte order as needed, but not exceed 30 days, to effectuate service of the order where necessary to provide protection. Family Law Art. 4-505
Protective Orders--see Family Law Art. 4-506
Sanctions for Violating Order--see Family Law Art. 4-507
A law enforcement officer may remove a firearm from the scene where an alleged act of domestic violence has occurred under certain circumstances. See Family Law Art. 4-511.
(a) It is unlawful for any person wilfully to interfere with or obstruct the State Fire Marshall, a Deputy State Fire Marshall, Special Assistant State Fire Marshall, Special Deputy State Fire Marshall, a firefighter, rescue squad member, or emergency services personnel, while the State Fire Marshall, Deputy State Fire Marshall, Special Assistant State Fire Marshall, Special Deputy State Fire Marshall, firefighter, rescue squad member, or the emergency services personnel is fighting a fire, performing emergency service, proceeding to a fire or other emergency, or while dispatched on a call for emergency service.
(b) It is unlawful for any person willfully to interfere with or obstruct the State Fire Marshall, a Deputy State Fire Marshall, Special Assistant State Fire Marshall, Special Deputy State Fire Marshall in the course of conducting an inspection or investigating a fire or explosion.
(c) It is unlawful for any person to:
(1) Falsely represent himself as being a State Fire Marshal or a sworn employee of the Office of the State Fire Marshal, or a member of any paid or volunteer fire department, rescue squad, or emergency service unit of the State, Baltimore City, or any county or municipal corporation of the State, with fraudulent design on a person or property; or
(2) Have, use, wear, or display without proper authority for the purpose of deception, any uniform, shield, button, ornament, identification, or shoulder patch, or any simulation or imitation of these articles, adopted by the Office of the State Fire Marshal, or by any paid or volunteer fire department, rescue squad, or emergency service unit.
(d) Violation of this section is a misdemeanor punishable by imprisonment for not more than three (3) years. Art. 27, Sec. 11D.
An unlawful assembly is a crime at common law, and is defined to be an assembly of three or more persons with intent to accomplish an unlawful purpose. Hochheimer, Sec. 53.
For laws in general relating to motor vehicles, see Transportation Articles.
Transportation of Stolen Motor Vehicles--Federal Statute:
Whoever shall transport or cause to be transported interstate or foreign commerce a motor vehicle or aircraft knowing the same to have been stolen, shall be punished by a fine of not more than $5,000 or by imprisonment of not more than five years or both fine and imprisonment.
Whoever shall receive, conceal, store, barter, sell or dispose of any motor vehicle or aircraft moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing the same to have been stolen, shall be punished by a fine of not more than $5,000 or by imprisonment of not more than five years, or both.
Any person violating this Act (commonly referred to as the Dyer Act) may be punished in any district in or through which such motor vehicle or aircraft has been transported or removed by such offender. U.S.C.A. Title 18, Sec. 2312-2313.
(a) Any individual who, while lawfully married to a living individual, enters into a marriage ceremony with another individual is guilty of bigamy on conviction shall be sentenced to imprisonment for not more than nine years.
(b) This section does not apply to an individual whose lawful spouse has been absent from the individual for a continuous period of 7 years and who, at the time of the subsequent marriage ceremony, does not know whether or not the spouse is living. Art. 27, Sec. 18.
Threatening Letters:
Except as provided in subsection (b) of this section, every person who shall knowingly send or deliver or shall make, and, for the purpose of being delivered or sent, shall part with the possession of any letter or writing with or without named subscribed thereto, or signed with a fictitious name, or with any letter, mark, or other designation threatening therein to accuse any person of a crime of an indictable nature under the laws of this state, or of anything which, if true, would bring such person into contempt or intent to extort or gain any money, goods, chattels, or other valuable thing shall be guilty of a felony, and being convicted thereof shall be punished by imprisonment in the penitentiary for not less than two nor more than ten years. Art. 27, Sec. 561.
Every person who shall verbally threaten to accuse another of a crime of an indictable nature under the laws of this state, or of anything, which if true, would bring such person into contempt or disrepute, or to do any injury to the person or property of anyone, with a view to extort or gain any money, goods, or chattels, or any other valuable thing shall be guilty of a felony, and being convicted thereof shall be punished by imprisonment in the penitentiary for not less than two nor more than ten years. Art. 27, Sec. 562.
(a)It is unlawful for any person, group, or organization to engage in any act or conduct for the sole purpose of coercing or intimidating another person to contribute or donate any goods, materials, services, or moneys to any social, economic, or political association or organization.
(b)Nothing herein shall be deemed to prohibit any picketing assembly in connection with a labor dispute as that term is defined in section 4-301 of the Labor and Employment .
(c)Any person found guilty of violating this section shall be punished by a fine of not more than $100.00 or by imprisonment for not less than 90 days or both. Each day in which a violation of this section occurs constitutes a separate offense. Art. 27, Sec. 562A.
Also see Art. 27, Sec. 562C and 562D.
Any person who with intent to extort money or procure other profit shall falsely accuse or threaten to accuse another of a crime, or of anything which if the accusation were true, would tend to bring him into contempt to disrepute, shall be deemed guilty of a misdemeanor, punishable by imprisonment in jail or the house of correction not exceeding two years. Art. 27, Sec. 563.
See Natural Resources Articles
A person may not operate or attempt to operate a vessel while the person:
(1) Is intoxicated;
(2) Is under the influence of alcohol;
(3) Is so far under the influence of any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely; or
(4) Is under the influence of any controlled dangerous substance, as defined in Article 27, § 277 of the Code, unless the person is entitled to use the controlled dangerous substance under the laws of the State.
(b) The evidentiary requirements of sections 10-302 through 10-307 of the Courts Article are applicable to any violation of this section.
(c) It is not a defense to a charge of violating subsection (a)(3) of this section that the person charged is or was entitled under the laws of this state to use the drug, combination of drugs, or combination of 1 or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely operating a vessel.
(d)(1) Notwithstanding any other provision of this title, a person who violates paragraph (1) of subsection (a) of this section is guilty of a misdemeanor and upon conviction:
(i) for a first offense, shall be subjected to a fine of not more than $1,000 or imprisonment for not more than 1 year or both;
(ii) for a second offense, shall be subject to a fine of not more than $2,000 or imprisonment for not more than 2 years or both; and
(iii) for a third or subsequent offense, shall be subject to a fine of not more than $3,000 or imprisonment for not more than 3 years or both.
(2) Notwithstanding any other provisions of this title, a person who violates paragraph (2), (3), or (4) of subsection (a) of this section is guilty of a misdemeanor and upon conviction:
(i) for a first offense, shall be subject to a fine of not more than $500 or imprisonment for not more than 2 months or both; and
(ii) for a second or subsequent offense, shall be subject to a fine of not more than $1,000 or imprisonment of not more than 1 year or both.
(e)If a person is charged with a violation of this section, the court may find the person guilty of any lesser included offense under any subsection of this section. Natural Resources Article 8-738.
It shall be unlawful for any person to operate any boat on any fresh or salt water bay, creek, lake, river, or stream in the State of Maryland in a reckless manner, or in such a manner that may endanger the person or property of others, or to come into any wharf or bathing shore in a reckless manner or in a manner that may endanger person or property. Punishment $25 to $200 or 30 days, or both. Article 27, Sec. 21.
(a) definitions--see statute for details
(b) Any person who wears bulletproof body armor in the commission of a crime of violence is guilty of a separate misdemeanor and on conviction, in addition to any other sentence imposed by virtue of commission of the crime of violence, is subject to a fine of not more than $5,000 or imprisonment for not more than 5 years or both. Art. 27, Sec. 27A.
If any person shall bribe or attempt to bribe any executive officer of the State of Maryland, any judge, justice of the peace or other judicial officer of this State, any member or officer of the General Assembly of Maryland, any officer or employee of the State, or any county, municipality or other political sub-division of the State, including members of the police force of Baltimore City and the Department of State Police or any member or officer of any municipal corporation of this State, or any executive officer of such corporation in order to influence any such officer or person in the performance of any of his official duties; and if the Governor or other executive officer of this State, any judge, justice of the peace, or other judicial officer of this State, any member of the General Assembly of Maryland, or officer thereof, and officer or any employee of the State, or of any county, municipality or any political subdivision of the State, including members of the police force of Baltimore City and the Department of State Police or any member or officer of any municipal corporation, or Mayor or other executive officer thereof in this State shall demand or receive any bribe, fee, reward or testimonial for the purpose of influencing him in the performance of his official duties, or for neglecting or failing to perform the same, every such person so bribing or attempting to bribe any such officers or persons, and every such person so demanding or receiving any bribe, fee, reward, or testimonial shall be deemed guilty of bribery, and on being convicted thereof shall be fined not less than $100 nor more than $5,000, or, in the discretion of the court, shall be sentenced to be imprisoned in the penitentiary of this State for not less than two nor more than twelve years, or both fined and imprisoned, and shall also be forever disfranchised and disqualified from holding any office of trust or profit in this State; any person so bribing or attempting to bribe or so demanding or receiving a bribe shall be a competent witness, and compellable to testify against any person who may have committed any of the aforesaid offenses; provided, that any person so compelled to testify in behalf of the State in any such case shall be exempt from prosecution, trial and punishment for any such crime of which such person so testifying may have been guilty or a participant therein, and about which he was so compelled to testify. Art. 27, Sec. 22.
(Also see Art. 27, Sec. 562--Extortion).
It is unlawful to bribe or attempt to bribe any person participating in or connected with an athletic contest. Penalty, fine $100 to $5,000, or imprisonment in the penitentiary from six months to three years, or both; such a person shall be a competent witness and compelled to testify, provided that such person so compelled to testify shall be exempt from punishment for the crime, of which such person so testifying may have been a participant. Art. 27, Sec. 23.
Any amateur or professional athlete or other person participating in or connected with any athletic contest, who accepts a bribe to alter the outcome of said athletic contest, shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or imprisonment for not more than 3 years or both. Art. 27, Sec. 24.
Also see Art. 27, Sec. 25, 26.
(a)(1) In this section the following words have the meanings indicated.
(2) "Bungee Jump" means jumping or falling by an individual from a height while attached to a rope or cord that is elastic, rubber, or latex.
(3) "Bungee jumping operations" means an operation that allows an individual to bungee jump for a fee or dues.
(b) A person may not conduct a bungee jumping operation.
(c) A person who violates subsection (b) of this section is guilty of a misdemeanor, and, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both.
Art.--Business Regulation sec. 3-503.
(A) In this subheading the following words have the meanings indicated.
(B) "Burglar's Tools" means:
(1) A picklock, key, crowbar, prybar, jack, or bit;
(2) Nitroglycerine, dynamite, gunpowder, or other explosive material;
(3) An acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or similar device capable of burning through metal, concrete, or other solid material; or
(4) Any other tool, instrument, or device that has been adapted, designed, or used for committing or facilitating the commission of a burglary offense.
(C) "Crime of Violence" has the meaning as stated in 643B of this Article.
(D) "Break," "Enter," and "Dwelling" retain their judicially determined meanings except to the extent that such meanings are expressly or by implication changed in this subheading.
(E) "Storehouse" retains its judicially determined meaning and also means any building, other construction, or watercraft, including:
(1) Any barn, stable, garage, pier, wharf, boathouse, and any facility attached to a pier or wharf;
(2) Any shop, storeroom, warehouse, factory, mill, house of worship, meetinghouse, courthouse, workhouse, school, or public building, and
(3) Any trailer, aircraft, boat, shop, or railroad car.
(F) "Firearm" includes:
(1) Handgun, antique, firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those terms are defined in subsection 36F of this article;
(2) Pistol, revolver, and antique pistol or revolver, as those terms are defined in subsection 441 of this article;
(3) Assault weapon, as defined in subsection 481E of this article;
(4) Machine gun, as defined in subsection 372 of this article; and
(5) Any other firearm that has not been modified to render it permanently inoperative. Art. 27, sec. 28.
(A) A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence.
(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 for not more than 20 years.
Art. 27, Sec. 29.
(A) A person may not break and enter the storehouse of another with the intent to commit theft, a crime or violence, or arson in the second degree.
(B) A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm.
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 for not more than 15 years; and
(2) for a violation of subsection (B) of this section, imprisonment for nor more than 20 years or a fine of not more than $10,000 or both. Art. 27, Sec.30.
(A) A person may not break and enter the dwelling for another with the intent to commit any crime.
(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 for not more than 10 years. Art. 27, Sec. 31.
(A)(1) A person may not break and enter the dwelling of another.
(2) A person may not break and enter the storehouse of another.
(B) A person may not be in or on the dwelling or storehouse of another or any yard, garden, or other area belonging to the dwelling or storehouse or another with the intent to commit theft.
(C) A person may not possess burglar's tools with the intent to use or permit the use of the tools in the commission of any violation of this subheading.
(D) A person who violates this section is guilty of the misdemeanor of burglary in the fourth degree and on conviction is subject to imprisonment for not more than 3 years.
(E) A person who is convicted of violating 342 of this article may not also be convicted of violating subsection (B) of this section based on the act or acts establishing the violation of 342. Art. 27, Sec. 32.
(A) A person who commits burglary in the first, second, or third degree and who then and there opens or attempts to open any vault, safe or repository by the use of an explosive is guilty of the felony of burglary with explosives and on conviction is subject to imprisonment for not more than 20 years.
(B) A sentence that is imposed for a violation of this section may be imposed separate from and consecutive to or concurrent with a sentence for any other offense based on the act or acts establishing the violation. Art. 27, Sec. 33.
(A)(1)In this section of the following, words have the meanings indicated.
(2)(I)"Enclosure" means any building, watercraft, aircraft, trailer, sleeping car, or other structure or vehicle.
(II)"Enclosure" includes:
1.Each separately secured or occupied portion of the building or vehicle; and
2.Each structure appurtenant or connected to the building or vehicle.
(3) "Research" means any studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery or accumulation of facts, data, theories, technologies, or applications for any governmental, scientific, educational, or proprietary purpose.
(4)"Research Facility" means any enclosure or separately secured yard, pad, pond, laboratory, pasture, or pen the purpose of which is to conduct research, house research subjects, or store supplies, records, data, prototypes, or equipment necessary to or derived from research.
(5)"Research Property" means any property related to research in a research facility, regardless of value, including any sample, specimen, research subject, record, data, test result, or proprietary information.
(B) A person shall be guilty of breaking and entering a research facility only if:
(1) The breaking and entering was performed with the intent to:
(I) Obtain unauthorized control over research property;
(II) Alter or eradicate research property;
(III) Damage, deface, or move in a manner intended to cause harm to research property, or destroy or remove research property; or
(IV) Engage in conduct that results in the removal of research property; and
(2) The action was taken without the permission of the research facility.
(C) A person who breaks and enters a research facility is guilty of a felony and on conviction is subject to imprisonment for not more than 5 years or a fine of not more than $5,000 or both. Art. 27, Sec. 34.
(A) A person may not possess burglar's tools with the intent to use or permit the use of the tools in the commission of any crime involving the breaking and entering of a motor vehicle.
(B) A person may not be in or on the motor vehicle of another with the intent to commit theft of the vehicle or property that is within the vehicle.
(C) A person who violates this section is guilty of a misdemeanor, shall be deemed a rogue and vagabond, and on conviction, is subject to imprisonment for not more than 3 years. Art. 27, Sec. 35.
If a building or structure is divided into separately owned or leased units, each unit may not be considered a separate dwelling or storehouse for purposes of a prosecution under this subheading unless it is objectively apparent that each unit constitutes a separate dwelling or storehouse. Art. 27, Sec. 35A.
(a) In this section, "motor vehicle" has the meaning stated in subsection 11-135 of the Transportation Article.
(b) (1) An individual commits the offense of carjacking when the individual obtains unauthorized possession or control of a motor vehicle from another individual in actual possession by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.
(2) An individual commits the offense of armed carjacking when the individual employs or displays a deadly weapon or dangerous weapon during the commission of a carjacking.
(c) An individual convicted of carjacking or armed carjacking is guilty of a felony and shall be sentenced to imprisonment for not more than 30 years.
(d) The sentence imposed under this section may be imposed separate from and consecutive to a sentence for any other offense arising from the conduct underlying the offenses of carjacking or armed carjacking.
(e) It is not a defense to the offense of carjacking or armed carjacking that the defendant did not intend to permanently deprive the owner of the motor vehicle. Art. 27, Sec. 348A.
(a)(1) Every person who shall wear or carry any dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, nunchaku, or any other dangerous or deadly weapon of any kind, whatsoever (penknives with out switch blade and handguns, excepted) concealed upon or about his person, and every person who shall wear or carry any such weapon, chemical mace, pepper mace, or tear gas device openly with the intent or purpose of injuring any person in any unlawful manner, shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than $1,000 or be imprisoned in jail, or sentenced to the Maryland Department of Correction for not more than three years. (2) In case of conviction under the provisions of this subsection, if it shall appear from the evidence that such weapon was carried, concealed or openly, with the deliberate purpose of injuring the person or destroying the life of another, the court shall impose the highest sentence of imprisonment prescribed.
(3) In Cecil, Anne Arundel, Talbot, Harford, Caroline, Prince George's, Montgomery, St. Mary's, Washington, Worcester, Kent, and Baltimore counties it shall also be unlawful and a misdemeanor, punishable as provided in paragraph (1) of this subsection, for any person under eighteen years of age to carry any dangerous or deadly weapon, other than a handgun, between one hour after sunset and for one hour before sunrise, whether concealed or not, except while on a bona fide hunting trip, or except while 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.
(b)(1) Except as provided in subsection (F) of this section, a minor may not possess pepper mace, either openly or concealed.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction shall be subject to a fine of up to $1,000 or imprisonment for up to 3 years or both.
(c) As used in this section, a "star knife" is a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
(d) As used in this section, a "nunchaku" is a device consisting of two pieces of wood, metal, plastic, or other like substance connected by any chain, rope, leather or other flexible material not exceeding 24 inches in length.
(e) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products and is also known as oleoresin capisum (O.C.) spray.
(f) Nothing in this section shall be construed to prevent the carrying of any of the weapons mentioned in subsections (a) and (b) of this section by;
(1) an officer of this State, or of any county or city, who is entitled or required to carry such weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry such weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of some other state temporarily sojourning in this State;
(2) any special agent of a railway;
(3) any person to whom a permit to carry a concealed weapon has been issued under § 36E of this article;
(4) any person who shall carry such weapon as a reasonable precaution against apprehended danger, but the tribunal before which any case arising under the provisions of this section may be tried, shall have the right to judge the reasonableness of the carrying of any such weapon, and the proper occasion therefor, under the evidence in the case. Art. 27, Sec. 36.
(a) It shall be unlawful for any person, firm or corporation, or the agent of either, whether a licensed dealer or not, to sell, barter, display or offer to sell or barter:
(1) Any knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle thereof, commonly called "switchblade" knives, or any switchblade penknife operating in a similar manner; or
(2) A device, commonly known as a "shooting knife", that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring.
(b) Any person or any agent, violating this section, shall, on conviction thereof, be fined not less than fifty nor more than five hundred dollars and/or imprisoned for not more than 12 months. Art. 27, Sec. 339.
(a) No person, unless otherwise excepted in this section, shall carry any rifle, gun, knife, or weapon of any kind on any public school property in this State.
(b) Nothing in this section shall be construed to apply to law enforcement officers in the regular course of their duty, or to any persons hired by the boards of education in the counties and Baltimore City specifically for the purpose of guarding public school property; or persons engaged in organized shooting activity for educational purposes;
(c) Any person who violates this section shall, upon conviction, be guilty of a misdemeanor and shall be sentenced to pay a fine of no more than one thousand dollars ($1,000.00), or shall be sentenced to the Maryland Department of Correction for a period of not more than three (3) years. Any such person who shall be found to carry a handgun in violation of this section, shall be sentenced as provided in § 36B of this article. Art. 27, Sec. 36A
Also see Art. 27, Sec. 36B.
(a) Any person who willfully destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, or other structure placed in any cemetery, or any building, wall, fence, railing, or other work, for the use, protection, or ornamentation of any cemetery in this State is guilty of a misdemeanor and shall be find not more than $2,000, or imprisoned for not more than 3 years, or both.
(b) Any person who willfully destroys, cuts, breaks, or removes any tree, plant, or shrub in any cemetery in this State, or who if found guilty of indecent or disorderly conduct within said limits, shall be guilty of a misdemeanor, and shall be fined not more than $500, or imprisoned for not more than 2 years, or both.
(c) Nothing in this section shall be construed to prohibit the removal of the remains of any human body, or any monument, gravestone, or other marker from an abandoned cemetery, provided that the prior consent in writing of the State's attorney of the county or of Baltimore City shall have been secured and provided further that such remains, monuments, gravestone, or other marker is placed in an accessible place in a permanent cemetery. Art. 27, Sec. 267.
(a)(1) In this section the following words have the meanings indicated.
(2) "Abuse" means: (i) The sustaining of physical injury by a child as a result of cruel or inhumane treatment or as a result of a malicious act by any parent or other person who has permanent or temporary custody of responsibility for supervision of a child, or by any household or family member under circumstances that indicate that the child's health or welfare is harmed or threatened thereby; or (ii) sexual abuse of a child, whether physical injuries are sustained or not.
(3) "Child" means any individual under the age of 18 years.
(4) "Family member" means a relative of a child by blood, adoption, or marriage.
(5) "Household member" means a person who lives with or is a regular presence in a home of a child at the time of the alleged abuse.
(6)(i) "Sexual Abuse" means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member. (ii) "Sexual Abuse" includes, but is not limited to:
1. incest, rape, or sexual offense in any degree;
2. sodomy; and
3. unnatural or perverted sexual practices.
(b)(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a child or a household or family member who causes abuse to the child is guilty of a felony and on conviction is subject to imprisonment in the penitentiary for not more than 15 years.
(2) If the violation results in the death of the victim, the person is guilty of a felony and upon conviction is subject to imprisonment for not more than 20 years.
(3) The sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any offense based upon the Act or Acts establishing the abuse. Art. 27, Sec. 35C.
(a) A person may not sell, barter, or trade, or offer to sell, barter, or trade a child for money or property, either real or personal, or anything else of value.
(b) A person who violates this section is guilty of a misdemeanor and conviction is subject to a fine not exceeding $10,000 or imprisonment in the penitentiary not exceeding 5 years or both for each offense. Art. 27, Sec. 35E.
(a) In this subtitle the following words have the meanings indicated.
(b)(1) Abuse means: (i) the physical injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed: or (ii) Sexual abuse of a child, whether physical injuries are sustained or not.
(2) Abuse does not include, for that reason alone, providing a child with nonmedical religious remedial care and treatment recognized by state law.
(c) Administration means the Social Services Administration of the department.
(d) Child means: (1) the Circuit Court for a county sitting as a Juvenile Court; or (2) in Montgomery County, the District Court sitting as a Juvenile Court.
(f)(1) Educator or Human Service Worker means any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility.
(2) Educator or Human Service Worker includes:
(i) any teacher;
(ii) any counselor;
(iii) any social worker;
(iv) any caseworker; and
(v) any probation or parole officer.
(g) Family member means a relative by blood, adoption, or marriage of a child.
(h) Health Practitioner includes any person who is authorized to practice healing under the health occupations article.
(i) Household means the location:
(1) in which the child resides;
(2) where the abuse or neglect is alleged to have taken place; or
(3) where the person suspected of abuse or neglect resides.
(j) Household Member means a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect.
(k)(1) Law Enforcement Agency means a State, county, or municipal police department, bureau, or agency.
(2) Law Enforcement Agency includes:
(i) a State, county, or municipal police department or agency;
(ii) a sheriff's office;
(iii) a State's Attorney's Office; and
(iv) The Attorney General's office.
(1) Local Department means the department of social services that has jurisdiction in the county:
(1) where the allegedly abused or neglected child lives; or
(2) if different, where the abuse or neglect is alleged to have taken place.
(m) Local State's Attorney means the State's Attorney for the county:
(1) where the allegedly abused or neglected child lives; or
(2) if different, where the abuse or neglect is alleged to have taken place.
(n) (1) Neglect means the leaving of a child unattended or other failure to give proper care and attention to a child by the child's parents, guardian, or custodian under circumstances that indicate that the child's health or welfare is significantly harmed or placed at risk of significant harm.
(2) Neglect does not include, for that reason alone, providing a child with nonmedical religious remedial care and treatment recognized by state law.
(o) Police Officer means any State or local officer who is authorized to make arrests as part of the officer's official duty.
(p)(1) Sexual Abuse means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care of custody or responsibility for supervision of a child, by any household or family member.
(2) Sexual Abuse includes:
(i) incest, rape, or sexual offense in any degree;
(ii) sodomy; and
(iii) unnatural or perverted sexual practices.
Family Law Article 5-701.
The purpose of this subtitle is to protect children who have been the subject of abuse or neglect by:
(1) mandating the reporting of any suspected abuse or neglect;
(2) giving immunity to any individual who reports, in good faith, a suspected incident of abuse or neglect;
(3) requiring prompt investigation of each reported suspected incident of abuse or neglect;
(4) causing immediate, cooperative efforts by the responsible agencies on behalf of children who have been the subject of reports of abuse or neglect; and
(5) requiring each local department to give the appropriate service in the best interest of the abused or neglected child. Family Law Article 5-702.
The provisions of this subtitle are in addition to and not in substitution for the provisions of Title 3, Subtitle 8 of the Courts and Judicial Proceedings Article. Family Law Article 5 - 703.
(a) Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, or educator or human service worker, acting in a professional capacity, who has reason to believe that a child has been subjected to:
(1)(i) abuse, shall notify the local department or the appropriate law enforcement agency; or
(ii) neglect, shall notify the local department; and
(2) if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, immediately notify and give all information required by section to the head of the institution or the designee of the head.
(b) A health practitioner who specialized in the psychiatric treatment of pedophilia is not required to report sexual abuse use subsection (a)(1)(i) of this section if:
(1) the health practitioner's reason to believe that a child has been subjected to sexual abuse is based exclusively on a report made to the health practitioner by an individual stating that the individual sexually abused the child;
(2) the health practitioner is providing psychiatric treatment to the individual for the purpose of curing the individuals pedophilia; and
(3) the sexual abuse occurred prior to the time that the individual began the psychiatric treatment with the health practitioner.
(c)(1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make:
(i) an oral report, by telephone or direct communication, as soon as possible:
1. to the local department or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse; or
2. to the local department if the person has reason to believe that the child has been subjected to neglect; and
(ii) a written report:
1. to the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and
2. with a copy to the local State's Attorney if the individual has reason to believe that the child has been subjected to abuse.
(2)(i) An agency to which an oral report or suspected abuse is made under paragraph (1) of this subsection shall immediately notify the other agency.
(ii) This paragraph does not prohibit a local department an appropriate law enforcement agency from agreeing to cooperative arrangements.
(d) Insofar as is reasonable possible, an individual who makes a report under this section shall include in the report the following information:
(1) the name, age, and home address of the child;
(2) the name and home address of the child's parent or other person who is responsible for the child's care;
(3) the whereabouts of the child;
(4) the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reported concerning possible previous instances of abuse or neglect; and
(5) any other information that would help to determine:
(i) the cause of the suspected abuse or neglect; and
(ii) identity of any individual responsible for the abuse or neglect. Family Law Article 5-704.
(a)(1) Except as provided in paragraph (2) of this subsection. Notwithstanding and other provision of law, including any law on privileged communications, a person other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall:
(i) if the person has reason to believe the child has been subjected to abuse, notify the local department or the appropriate law enforcement agency; or (ii) if the person has reason to believe the child has been subjected to neglect, notify the local department.
(2) A person is not required to provide notice under paragraph (1) of this subsection:
(i) In violation of the privilege described under 9-108 of the courts Article;
(ii) If the notice would disclose matter communicated in confidence by a client to the client's attorney or other information relating to the representation of the client; or
(iii) In violation of any constitutional right to assistance of counsel.
(3) A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (I) of this subsection if the notice would disclose matter in relation to any communication described in 9-111 of the courts Article and:
(i) The communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and
(ii) The minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
(a) Promptly after receiving a report of suspected abuse or neglect:
(1) the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse to protect the health, safety, and welfare of the child or children; or
(2) the local department shall make a thorough investigation of a report of suspected neglect to protect the health, safety, and welfare of the child or children.
(b) Within 24 hours after receiving a report of suspected abuse and within 5 days after receiving a report of suspected neglect, the local department or the appropriate law enforcement agency shall:
(1) see the child:
(2) attempt to have an on-site interview with the child's caretaker;
(3) decide on the safety of the child, wherever the child is, and of other children in the household; and
(4) decide on the safety of other children in the care or custody of the alleged abuser.
(c) The investigation shall include:
(1) a determination of the nature, extent, and cause of the abuse or neglect, if any; and
(2) if the suspected abuse or neglect is verified:
(i) a determination of the identity of the person or persons responsible for the abuse or neglect;
(ii) a determination of the name, age, and condition of any other child in the household;
(iii) an evaluation of the parents and the home environment;
(iv) a determination of any other pertinent facts or matters; and
(v) a determination of any needed services.
(d) On request by the local department, the local State's Attorney shall assist in the investigation.
(e) The local department, the appropriate law enforcement agencies, and the State's Attorney within each county and Baltimore City shall enter into a written agreement that specifies standard operating procedures for the investigation and prosecution of reported cases of suspected abuse.
(f)(1) The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State's Attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse.
(2) The joint investigation procedure shall:
(i) include appropriate techniques for expediting validation sexual abuse complaints;
(ii) include investigation techniques designed to:
1. decrease the potential for physical harm to the child; and
2. decrease any trauma experienced by the child in the investigation and prosecution of the case; and
(iii) establish an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases.
(g)(1) To the extent possible, an investigation under this section shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies.
(2) An investigation which is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect.
(h) Within 10 days after the local department or law enforcement agency receives the first notice of suspected abuse, the local department or law enforcement agency shall report to the local State's Attorney the preliminary findings of the investigation.
(i) Within 5 business days after completion of the investigation of suspected abuse, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State's Attorney.
Family Law Article 5-706.
(a) Subject to Federal and State law, the administration shall provide by regulation:
(1) procedures for protecting the confidentiality of reports and records made in accordance with this subtitle; and
(2) conditions under which information may be released.
(b) The local department shall expunge a report of suspected abuse or neglect and all assessments and investigative findings:
(1) Within 5 years after the date of referral if the investigation under § 5-706 of this subtitle concludes that the report in unsubstantiated, and no further reports of abuse or neglect are received during the 5 years; and
(2) Within 120 days after the date of referral if the report is ruled out, and no further reports of abuse or neglect are received during the 120 days. Family Law Article 5-707.
Any person who in good faith makes or participates in making a report of abuse or neglect under § 5-704 or § 5-705 of this subtitle or participates in an investigation or a resulting judicial proceeding is immune from any civil liability or criminal penalty that would otherwise result from making or participating in a report of abuse or neglect or participating in an investigation or a resulting judicial proceeding. Family Law Article 5-708.
(a) If a representative of a local department is conducting an investigation under this subtitle, the representative may enter the house hold if the representative:
(1) previously has been denied the right of entry; and
(2) has probable cause to believe that a child is in serious, immediate danger.
(b) A police officer shall accompany the representative and may use reasonable force, if necessary, to enable the representative to gain entry.
(c) The representative may remove the child temporarily, without prior approval by the juvenile court, if the representative believes that the child is in serious, immediate danger.
(d) If a child is removed from a household under this section, the local department shall have the child thoroughly examined by a physician and a report of this examination shall be included in a report made under § 5-706(g) of this subtitle within the time specified. Family Law Article 5-709.
(a) Based on its findings and treatment plan, the local department shall render the appropriate services in the best interests of the child, including, when indicated, petitioning the juvenile court on behalf of the child for appropriate relief, including the added protection to the child that either commitment or custody would provide.
(b) If a report has been made to the State's Attorney's office under § 5-706(g) of this subtitle and the State's Attorney's office is not satisfied with the recommendation of the local department, the State's Attorney's office may petition the court, at the time of the report by the representative, to remove the child, if the State's Attorney concludes that the child is in serious physical danger and that an emergency exists. Family Law Article 5-710.
As needed by the local department as part of its investigation under this subtitle or to provide appropriate services in the best interests of the child who is the subject of a report of child abuse or neglect, upon request, the local department shall receive copies of a child's medical records from any provider of medical care. Family Law Article 5-711.
(a) (1) In this section, Emergency Medical Treatment means medical or surgical care rendered by a physician or health care institution to a child under this section:
(i) to relieve any urgent illness or life threatening health condition; or
(ii) to determine the nature or extent of any abuse or neglect.
(2) Emergency Medical Treatment does not include:
(i) non-emergency outpatient treatment; or
(ii) periodic non-emergency health care.
(b) Any physician who is licensed or authorized to practice medicine in this State shall examine or treat any child, with or without the consent of the child's parent, guardian, or custodian, to determine the nature and extent of any abuse or neglect to the child if the child is brought to the physician:
(1) in accordance with a court order;
(2) by a representative of a local department who states that the representative believes the child is an abused or neglected child; or
(3) by a police officer who states that the officer believes that the child is an abused or neglected child.
(c) If a physician examines a child under subsection (b) of this section and determines that emergency medical treatment is indicated, the physician may treat the child, with or without the consent of the child's parent, guardian, or custodian.
(d)(1) A physician who examines or treats a child under this section is immune from any civil liability that may result from the failure to obtain consent from the child's parent, guardian, or custodian for the examination or treatment of the child.
(2) The immunity extends to:
(i) any health care institution with which the physician is affiliated, or to which the child is brought; and
(ii) any individual working under the control of supervision of the physician or under the control or supervision of the health care institution.
(e)(1) In accordance with regulations adopted by the Secretary of Health and Mental Hygiene, the Department of Health and Mental Hygiene shall pay for emergency medical treatment charges that are incurred on behalf of a child who is examined or treated under this section.
(2) The child's parent or guardian is liable to the Department of Health and Mental Hygiene for the payments and shall take any steps necessary to secure health benefits available for the child from a public or private benefit program.
(3) The local department shall:
(i) immediately determine whether a child treated or examined under this section is eligible for medical assistance payments; and
(ii) secure medical assistance benefits for any eligible child examined or treated under this section.
(f) To the extent possible, the Governor shall include in the annual State budget funds for the payment of emergency medical treatment for children examined or treated under this section. Family Law Article 5-712.
(a) If a child is removed from a household under this subtitle or by a court order, on return of the child to the household by the local department or by the action or order of any court. State's Attorney's office, or other law enforcement agency, the local department shall establish proper supervision and monitoring of the household on a regularly scheduled basis of at least one a month for at least 3 months.
(b) The local department may extend the monitoring period.
Family Law Article 7-713.
(a) The Social Services Administration and each local department may maintain a central registry of cases reported under this subtitle.
(b) The respective local departments throughout this State shall provide the information for the central registry.
(c) The information in the central registry shall be at the disposal of:
(1) the protective services staff of the Social Services Administration;
(2) the protective services staffs of local departments who are investigating a report of suspected abuse or neglect; and
(3) law enforcement personnel who are investigating a report of suspected abuse or neglect. Family Law Article 5-714.
(a) The Secretary of Human Resources shall adopt regulations necessary to protect the rights of persons suspected of abuse or neglect.
(b) before the name of a person who is suspected of abuse or neglect is entered in the registry, the person shall be given notice.
(c)(1) Except as provided in paragraph (3) of this subsection, on request by a person suspected of abuse or neglect, the department shall hold an administrative hearing for the purpose of allowing the person to appeal the entry of the person's name in the central registry.
(2) The hearing shall be held in the county in which the person suspected of abuse or neglect resides.
(3) the name of a person adjudicated a child abuser may be entered in the central registry without an opportunity for a hearing under this subsection.
(d) The department may not enter the name of a person in the central registry unless the person has:
(1) been adjudicated a child abuser;
(2) unsuccessfully appealed the entry of the person's name in the central registry under procedures established by the department and this section; or
(3) failed to respond within 15 days to notice by the department of the department's intent to enter the person's name in the central registry.
(e) On request by the person, the department shall remove the name of a person suspected of abuse or neglect from the central registry if no entry has been made for that person for 7 years before the date of the request.
Family Law Article 5-715.
(a) A person who is charged with the care of a child under the age of 8 years may not allow the child to be locked or confined in a dwelling, building, enclosure, or motor vehicle while the person charged is absent and the dwelling, building, enclosure, or motor vehicle is out of the sight of the person charged unless the person charged provides a reliable person at least 13 years old to remain with the child to protect the child.
(b) A person who violated this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both. Family Law Art. 5-801.
(a) A person may not sell or offer for sale a clove cigarette in this State.
(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine of $500. Art. 27, Sec. 40A.
(a)In this section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of death or serious bodily harm, or in which property is in imminent danger of damage or destruction.
(b) An individual may not:
(1) knowingly, intentionally, recklessly, or with criminal negligence interrupt, disrupt, impede, or otherwise interfere with the transmission of a two-way radio communication, on a frequency commonly used or monitored by civilian or governmental emergency services organizations. The purpose of which is to inform or to inquire about an emergency; or
(2) transmit false information about an emergency on a two-way radio frequency commonly used or monitored by civilian or governmental emergency services organizations.
(c) A two-way radio and related equipment used to commit a violation of this section shall be subject to seizure, and, upon conviction, the property shall be forfeited to the state and no property right shall exist in them.
(d) Whenever property is forfeited under this section, it shall be turned over to the State Secretary of General Services who may:
(1) order the property retained for official use of State agencies; or
(2) make such other disposition of the property as the Secretary may deem appropriate.
(e) Any individual who violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months, or both. Art. 27, Sec. 125A.
(A) In this section the following words have the meanings indicated.
(1) "Code grabbing device" means a device that is capable of receiving and recording the coded signal sent by the transmitter of an electronic security system and playing back the signal to disarm the electronic security system.
(2) "Electronic security system" includes:
(I) An electronic home security system;
(II) A motor vehicle security alarm system;
(III) An automatic garage door opener; and
(IV) A home detention monitoring device.
(B) A person may not manufacture, sell, use, or possess a code grabbing device with the intent for the code grabbing device to be used in the commission of a crime.
(C) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or a term of imprisonment not exceeding 1 year or both. Art. 27, Sec. 40B.
It is a misdemeanor for any person, whether interested or not to take or agree to take a compensation or satisfaction for forebearing to prosecute or stifling a prosecution of a crime. But it is not an offense merely to receive back one's stolen property. Penalty, fine or imprisonment or both. Hochheimer, Sec. 26.
Access to Public Records.
(a) For the purposes of this section, the following words have the meanings indicated.
(1) "Public Records" includes all official books, papers, or records whether kept on a manual or automated basis, which are created, received, or used by the State or any agency thereof, a bi-county or a multi-county agency, any county, municipality, or other political subdivision.
(2) "Access" means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of equipment including, but not limited to, computers and other data processing equipment or resources connected therewith.
(b) It is unlawful for a person to do or attempt to do the following:
(1) willfully make a false entry in any public records;
(2) Except under proper authority, willfully alter, deface, destroy, remove, or conceal any public records; or
(3) Except under proper authority, willfully and intentionally access public records.
(c) Any person who violates this section is guilty of a misdemeanor and may be imprisoned up to 3 years or fined up to $1,000, or both.
AND be it further enacted, that this section shall not be construed to preclude the application of any other provisions of the criminal law of the State which applies or may apply to any transaction. Art. 27, Sec. 45A.
(a) In this section the following words have the meanings indicated:
(1)(i) "Computer" means an electronic, magnetic, optical, organic, or other data processing device or system that performs logical, arithmetic, memory, or storage functions.
(ii) Computer includes any property, data storage facility, or communications facility that is directly related to or operated in conjunction with that device or system.
(iii) Computer does not include an automated typewriter or typesetters, or a portable calculator.
(2) "Computer Control Language" means any ordered statements that direct a computer to perform specific functions.
(3) "Computer Data Base" means a representative of information, knowledge, facts, concepts, or instructions that: (i) are being prepared or have been prepared in a formalized manner or are or have been produced by a computer, computer system, or computer network; and (ii) are intended for use in a computer, computer system, or computer network.
(4) "Computer Network" means the interconnection of 1 or more computers through:
(i) the use of satellite, microwave, line, or other communication media; and (ii) terminals or a complex consisting of 2 or more interconnected computers whether or not the interconnection is continuously maintained.
(5) "Computer Program" means an ordered set of instructions or statements that may interact with related data that, when executed in a computer system, causes the computer to perform specified functions.
(6) "Computer Services" includes, but is not limited to, computer time, data processing, and storage functions.
(7) "Computer Software" means computer programs, instructions, procedures, or associated documentation that is concerned with the operation of a computer system.
(8) "Computer System" means 1 or more connected or unconnected computers, peripheral devices, software data, or programs.
(9) "Access" means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of equipment including, but not limited to, computers and other data processing equipment or resources connected therewith.
(b) This section does not preclude the applicability of any other provisions of this code.
(c)(1) A person may not intentionally, willfully, and without authorization access, attempt to access, or cause access to a computer, computer network, computer software, computer control language, computer system, computer services, computer data base, or any part of these systems or services.
(2) A person may not intentionally, willfully, and without authorization access, attempt to access, or cause access to a computer, computer network, computer software, computer control language, computer system, computer service, computer data base, or any part of these systems or services to:
(i) Cause the malfunction or interrupt the operation of a computer, computer network, computer software, computer control language, computer system, computer services, computer date base, or any part of these systems or services; or
(ii) Alter, damage, or destroy data or a computer program stored, maintained, or produced by a computer, computer network, computer system, computer services, computer data base, or any part of these systems or services.
(3) A person may not intentionally, willfully, and without authorization:
(i) identify or attempt to identify any valid access codes; or
(ii) Distribute or publicize any valid access codes to any unauthorized person.
(d) (1) Any person who violates any provision of subsection (C) (1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years, or both.
(2) Any person who violates any provision of subsection (c) (2) or (c) (3) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.
(e)(1) When illegal access to a computer, computer network, computer control language, computer system, computer services, computer software, computer data base, or any part of these systems or services is committed in violation of this section pursuant to 1 scheme or continuing course of conduct, the conduct may be considered as 1 offense.
(2) A court of competent jurisdiction in this State may try a person who allegedly violates any provision of subsection (c) of this section in any county in this State where:
(1) the person performs the act; or (ii) the accessed computer is located. Art. 27, Sec. 146.
See Carrying or Wearing Weapons.
Conspiracy is a corrupt combination to accomplish a criminal or unlawful purpose by any means, or to accomplish any purpose by criminal or unlawful means. Hochheimer, Sec 99. It is a common law offense.
An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and work men, shall not be indictable as a conspiracy, if such act, committed by one person, would not be punishable as an offense; nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or any offense against any person or against property. Art. 27, Sec. 37.
The punishment of every person convicted of the crime of conspiracy shall not exceed the maximum punishment provided for the offense he or she conspired to commit. Art. 27, Sec. 38.
(a) In this section, the following words have the meanings indicated.
(1) "Alcoholic Beverage" means any beer, wine, or distilled spirits.
(2) "Contraband" means any item, material, substance, or other thing of value that:
(i) is not authorized for inmate possession by the managing officer of the correctional facility; or
(ii) is brought into the correctional facility in a manner prohibited by the managing officer of the correctional facility.
(3) "Controlled Dangerous Substance" means any drug, substance, or precursor as defined in § 277 (f) of this article. "Controlled Dangerous Substances" does not include any drug or substance which is legally possessed by an inmate under a written prescription issued by a physician authorized to prescribe inmate medication by the managing officer of the correctional facility.
(4) "Correctional Facility" means any prison, jail, pre-release center, halfway house, or other place of legal confinement in this State.
(5) "Managing Officer" means the warden, superintendent, director, administrator or other person with the authority to establish policy and procedure in a correctional facility.
(6) "Weapon" means any gun, knife, club, explosive, or other article that can be used to kill, maim, or inflict bodily injury.
(b) Any person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $5,000 or imprisonment for not more than 10 years, or both:
(1) delivery of any contraband to effect an escape, or a weapon to any prisoner or inmate detained or confined in a correctional facility;
(2) possession with intent to deliver to any prisoner or inmate detained or confined in a correctional facility, or any contraband to effect an escape, or a weapon;
(3) depositing or concealing, in or about a correctional facility, or on any land appurtenant to the facility, and contraband to effect an escape; or
(4) Receipt of any contraband to effect an escape or a weapon.
(c) Any person who commits any of the following offenses is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment for not more than 3 years, or both:
(1) delivery of any alcoholic beverage, any controlled dangerous substance, or other contraband not specifically designated in subsection (b) of this section to any prisoner or inmate detained or confined in a correctional facility; or
(2) possession, with intent to deliver to any prisoner or inmate detained or confined in a correctional facility, of any alcoholic beverage, any controlled dangerous substance, or any other contraband not specifically designated in subsection (b). Art. 27, Sec. 122A.
Conversion is the unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of the owner's rights. Black's Law Dictionary. Conversion of Money, Securities, or Property of Partnership by Partner: See Art. 27, Sec. 173.
Any person who has been convicted and condemned to serve and labor as a criminal, and who may escape and be found in the State, shall be deemed a fugitive felon, and being thereof convicted by a duly authenticated record from the court of the state in which such conviction and condemnation took place shall be sentenced to undergo a confinement in the penitentiary of this State for and during the residue of the term for which such person shall have been condemned; but if such person shall be demanded by the state whence he escaped he shall be immediately delivered up agreeably to such demand. Art. 27, Sec. 234.
(a) In this subheading, the following words have the meanings indicated.
(b) "Harbor" includes offering a fugitive:
(1) Concealment:
(2) Lodging:
(3) Care after concealment: or
(4) Obstruction of efforts of authorities to effect arrest of the fugitive.
However, "harbor" does not include the failure to reveal the whereabouts of a fugitive by a person who did not participate in the efforts of the fugitive to elude arrest.
(c) "Concealment" means hiding, secreting, or keeping out of sight.
(d) "Fugitive" means any individual for whose arrest a felony warrant has been issued under Maryland law. Art. 27, Sec. 268E.
(a) Whoever harbors any Fugitive, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a Felony warrant has been issued for the apprehension of that Fugitive, and after notice that harboring that Fugitive is a punishable offense, is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(b) Whoever knowingly harbors a fugitive who is avoiding prosecution, custody, or confinement after conviction of a felony is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.
(c) This section does not apply when the warrant is for a traffic offense. Art. 27, Sec. 268F.
Whoever willfully harbors any person imprisoned for a felony after his escape from the custody of the Maryland Division of Corrections or other place of confinement, after notice or knowledge of the facts that the person has escaped, and after notice that harboring that person is a punishable offense, is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than one year, or both. Art. 27, Sec. 268G.
(a) Any person who shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging, altering or counterfeiting any deed, document or affidavit of waiver or release of mechanics' lien, will, testament or codicil, power of attorney, bond, writing obligatory, bill of exchange, promissory note for the payment of money or property, endorsement or assignment of any bond, writing obligatory, bill of exchange, promissory note for the payment of money or property, acquittance or receipt for money or for property, or any acquisition or receipt either for money or for property, or any entries in a book of account or ledger, with intention to defraud any person whomsoever, shall be deemed a felon, and upon conviction, shall be sentenced to imprisonment for not more than 10 years or fined not more than $1,000 or both.
(b) Any person who shall utter or publish as true any false, forged, altered or counterfeited deed, will, testament or codicil, power of attorney, bond, writing, obligatory, bill of exchange, promissory note for the payment of money or property, acquittance or receipt for money of property, or shall utter or publish as true, with intention to defraud any person whomsoever any false document of waiver or release of mechanics' lien, or any entries in a book of account or ledger, shall be deemed a felon, and on being convicted thereof shall be sentenced to the penitentiary for not more than ten years or fined not more than $1,000, or both.
(c) Any person who shall knowingly possess, with unlawful intent, or utter forged, counterfeit, or altered United States currency shall be guilty of a misdemeanor, and upon conviction, shall be sentenced to imprisonment for not more than 3 years or fined not more than $1,000 or both. Art. 27, Sec. 44
Art. 27, Sec. 53.
Art. 27, Sec. 45.
Art. 27, Sec. 46.
Art. 27, Sec. 48.
It is a misdemeanor for any person to falsely make, alter, forge or counterfeit or cause or procure to be falsely made, altered, forged or counterfeited, or willingly aid or assist in falsely making, altering, forging or counterfeiting, or utters, passes or possesses, knowing it to be falsely made, altered, forged or counterfeited, any order, paper, letter writing, prescription, recipe or other device purporting to have been made by a duly licensed practitioner, for any drugs, medicines, spirituous or fermented liquors or obtains or attempts to obtain any prescription drug by fraud, deceit or misrepresentation and on conviction, shall be imprisoned for not more than 2 years. Art. 27, Sec. 55.
Art. 27, Sec. 57.
Art. 27, Sec. 56.
(a)(1) A person may not falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting a transcript, diploma, or grade report of a post secondary educational institution.
(2) A person may not use, offer, or present as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report of a post secondary educational institution.
(3) A person may not use, offer or present a transcript, diploma, or grade report of a post secondary educational institution in a fraudulent manner.
(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both. Education Art., Sec. 26-301.
Art. 27, Sec. 58.
See: Family Law Article.
DISORDERLY HOUSE--
A disorderly house is defined as any place kept as a bawdy house or a common gambling house, or place or resort for purposes injurious to the public morals, health, convenience or safety; a place where acts prohibited by statute are habitually indulged in or permitted; where indecent or immoral shows, representatives or performances are given; a place conducted in such a noisy or disorderly manner as tends to disturb the peace and order of the neighborhood, or the public generally whether the acts creating the disturbance take place within the house or adjacent thereto. Beard vs. State, 71 Md 275.
The term "house" in this connection is used in a wide sense. It may be a dwelling or other kind of building, or a single room or suite of rooms; or it may be a covered wagon, a booth or tent, or vessel or any thing so contrived or equipped as to serve the unlawful purpose. Hochheimer, Sec. 94. See also Beard vs. State, 71 Md. 275. This is still considered a common law crime.
It is unlawful for any person to transport or offer to transport, or aid or assist in transporting any person or persons upon or over any public street, road, highway, river, stream, bay or other public way of any nature whatever within the State of Maryland by means of a horse vehicle, automobile, boat, vessel or other means of transportation used or employed for hire, for purposes of prostitution or any other immoral or lewd purposes. This Act shall only apply to public conveyances for hire. Penalty, fine not exceeding $500 or imprisonment not exceeding one year, or both fine and imprisonment. Art. 27, Sec. 574.
Upon conviction under this Act the person so convicted shall forfeit his license to drive or operate such automobile or other vehicle within the State for such period of time as the Court imposing the sentence shall direct. Art. 27, Sec. 575.
See "Nuisance," "Pandering," "Prostitution."
Any person who shall wilfully obstruct or hinder the free passage of persons passing along or by any public street or highway in any city, town or country of this State, or who shall wilfully disturb any neighborhood in such city, town or country by loud and unseemly noises, or shall profanely curse and swear or use obscene language upon or near to any such street or highway within the hearing of persons passing by or along such highway, or shall wilfully hinder or obstruct the free passage of persons passing on or through or out of the station grounds of any railroad in the State, or who shall wilfully act in a disorderly manner within such station grounds by making such loud and unseemly noises, or by catching hold of and soliciting persons on said grounds against the will of such person, shall, upon conviction thereof, be sentenced to a fine of not less than one dollar and not more than $500 or shall be subject to imprisonment for not more than thirty days, or shall be subject to both such fine and imprisonment, in the discretion of the court and shall pay costs of the prosecution.
Art. 27, Sec. 121.
Any person who shall be acting in a disorderly manner to the disturbance of the public peace, or who shall wilfully act in a disorderly manner by making loud and unseemly noises or by profanely cursing, swearing or using obscene language, on or about any public place or any steamboat wharf, dock or public waiting room, or in or about any steamboat, streetcar, electric car, railroad car, passenger train or other public conveyance or on the mall or adjacent parking areas of any combination of privately owned retail establishments commonly known as a shopping center to which the general public is invited for business purposes, or who shall wilfully catch hold of and solicit persons against the will of said person, or obstruct their free passage to or through or out of such public place, steamboat wharves, docks, public waiting rooms, railroad stations, streetcars, electric cars, passenger trains or other public conveyances or on the mall or adjacent parking areas of any combination of privately owned retail establishments commonly known as a shopping center to which the general public is invited for business purposes, upon conviction thereof, is subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both, with costs imposed in the discretion of the court. Any fine shall be paid pursuant to the provisions of Article 38, § 4. Any person who shall commit any of the crimes, offenses or misdemeanors as defined by this section may be arrested, tried and convicted as herein provided, in any county or city of this State, where said public place or said shopping center may be located or in any county or city in this State, from, to or through which the said streetcar, electric car, railroad car, passenger train, or other public conveyance may run, or into which he may be brought by said car or other public conveyance; or in any county or city in the State in which he may be found after said crimes, offenses or misdemeanors have been committed. And any person who shall commit any of the crimes, misdemeanors or offenses herein mentioned upon any steamboat, upon the waters of the Chesapeake Bay, within the limits of this State, and without the body of any county thereof, may be tried in any court of this State having jurisdiction of similar crimes, offenses and misdemeanors of the county in which he may be arrested or into which he may be first brought. Art. 27, Sec. 122.
(a) A person may not act in a disorderly manner to the disturbance of the public peac