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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of the law which have heretofore occurred, but all such cases an violations shall be prosecuted as if the law hereby repealed were still enforce.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 peace, upon any public street, highway, alley, park or parking lot, or in any vehicle that is in or upon any street, highway, alley, park or parking lot, in any city, town, or county in this State, or at any place of public worship, or public resort of amusement in any city, town or county in this State, or in any store during business hours, or in any elevator, lobby or corridor of any office building or apartment house having more than three separate-rate dwellings units, or in any public building in any city, town or county in this State.
(b) Any person violating the prohibitions of this section is guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $500, or be confined in jail for a period of not more than 60 days or be both fined and imprisoned in the discretion of the court. Art. 27, Sec. 123.
Any person who shall enter upon the land or premises of any other person, whether such person be the owner or lessee of the land or premises and wilfully act in a disorderly manner by making loud and unseemly noises, or by profanely cursing or swearing or using obscene language or acting in any other disorderly manner while thereon shall upon conviction be subject to a fine not exceeding $500. However, the provisions of this section shall only apply to Allegany County, Anne Arundel County, Calvert County, Caroline County, Cecil County, Charles County, Frederick County, Garrett County, Harford County, Howard County, Montgomery County, Prince George's County, Washington County, Worcester County, St. Mary's County, Carroll County, Queen Anne's County, Talbot County, Wicomico County, Dorchester County, Kent County and Somerset County. In Worcester County this section shall also apply to beaches adjacent to residential riparian property and provided further than no bonfires shall be built nor allowed to burn on any beach or other property in Worcester County between the hours of 1:00 o'clock a.m. and 5:00 a.m. Art. 27, Sec. 124.
(a)(1) In this section the following words have the meanings indicated.
(2) "Commercial athletic contest" means any athletic or sporting event held in public stadiums, arenas, fields, or halls of this State which has an admission charge for the general public.
(3) "Object" means any item which may cause injury to a participant or observer of the commercial athletic contest.
(b) A person who disrupts or interferes with a commercial athletic contest by throwing or projecting an object onto the playing or seating area is guilty of a misdemeanor and, upon conviction, is subject to a fine not to exceed $250, or imprisonment not to exceed three months, or both. Art. 27, Sec. 125.
It is unlawful wilfully to interrupt or disturb any religious service or person attending the same by blowing horns, exploding firearms, noisy, riotous or disorderly conduct or conversation. Penalty, fine $1 to $20. Art. 27, Sec. 470.
For provisions and penalties for violation of the election laws see Art. 3
The fraudulent misappropriation of a thing by a person to whom it has been entrusted. Hochheimer, Sec. 74.
It is a misdemeanor for any person employed in the management of any vessel on any of the water exclusively within this State, to sell, give away, pledge, or in any manner dispose of the cargo of same, or part thereof, belonging to the owner or owners of such vessel with intent to defraud said owner or owners, or having sold the same, or any part thereof, with such consent, to fail to pay over to such owner or owners the consideration therefor, with intent to defraud. Penalty, fine $500 to $1,000, or imprisonment in jail six to twelve months, or both. Art. 27, Sec. 135.
Art. 27, Sec. 132.
Art. 27, Sec. 138.
Art. 27, Sec. 127.
(a) In general. In part IV of this subtitle the following words have the meanings indicated.
(b) "Court" means a district or circuit court of this State.
(c) "Emergency Evaluee" means an individual for whom an emergency evaluation is sought or made under part IV of this subtitle.
(d) Emergency Facility:
(1) "Emergency Facility" means a facility that the department designates, in writing, as an emergency facility.
(2) "Emergency Facility" includes a licensed general hospital that has an emergency room, unless the department, after consultation with the health officer, exempts the hospital.
(e) Mental Disorder:
(1) "Mental Disorder" means the behavioral or other symptoms that indicate:
(i) To a lay petitioner who is submitting an emergency petition, a clear disturbance in the mental functioning of another individual; and
(ii) To a physician or psychologist doing an examination, at least one mental disorder that is described in the version of the American Psychiatric Association's "Diagnostic and Statistical Manual-Mental Disorders" that is current at the time of the examination.
(2) "Mental Disorder" does not include mental retardation.
(f) Peace Officer. "Peace Officer" means a sheriff, a deputy sheriff, a state police officer, a county police officer, or a municipal or other local police officer, or a Secret Service agent who is a sworn special agent of the United States Secret Service or Treasury Department authorized to exercise powers delegated under 18 U.S.C. Sec. 3056. Health Articles-Gen. Sec. 10 - 620.
At least once a year, the department shall:
(1) Publish a list of emergency facilities and their addresses; and
(2) Give the list to each health department, Judge of a court, sheriff's office, and police station, and Secret Service office in this state. Health Articles-Gen. Sec. 10-621.
(a) Petition Authorized. A petition for emergency evaluation of an individual may be made under this section only if the petitioner has reason to believe that the individual has a mental disorder and that there is clear and imminent danger of the individual's doing bodily harm to the individual or another.
(b) Petitioners. The petition for emergency evaluation of an individual may be made by:
(1) A physician, a psychologist, or health officer or designee of a health officer who has examined the individual;
(2) A peace officer who personally has observed the individual; or
(3) Any other interested person.
(c) Contents of Petition.
(1) A petition under this section shall:
(i) Be signed and verified by the petitioner.
(ii) State the petitioner's: 1. Name; 2. Address; and 3. Home and work telephone numbers;
(iii) State the emergency evaluee's: 1. Name; and 2. Description;
(iv) State the following information, if available: 1. the address of emergency evaluee; and 2. the name and address of the spouse or a child, parent, or other relative of the emergency evaluee or any other individual who is interested in the emergency evaluee;
(v) Contain a description of the behavior and statements of the emergency evaluee that led the petitioner to believe that the emergency evaluee has a mental disorder and that there is clear and imminent danger of the emergency evaluee's doing bodily harm to the emergency evaluee or another; and
(vi) Contain any other facts that support the need for an emergency evaluation.
(2) The petition form shall contain a notice that the petitioner:
(i) May be required to appear before a court; and
(ii) Makes the statements under penalties of perjury.
(d)(1) A petitioner who is a physician, psychologist, health officer, or designee of a health officer shall give the petition to a peace officer.
(2) The peace officer shall explain to the petitioner:
(i) The serious nature of the petition; and
(ii) The meaning and content of the petition.
Health-Articles-Gen. Sec. 10-622.
(a) Duty of Peace Officer.
(1) A police officer shall take an emergency evaluee to the nearest emergency facility if the peace officer has a petition under part IV of this subtitle that:
(i) has been endorsed by a court within the last 5 days; or
(ii) is signed and submitted by a physician, a psychologist, a health officer or designee or a health officer, or a peace officer
(2) After a peace officer takes the emergency evaluee to an emergency facility, the peace officer need not stay unless, because the emergency evaluee is violent, a physician asks the supervisor of the peace officer to have the peace officer stay.
(3) A peace officer shall stay until the supervisor responds to the request for assistance. If the emergency evaluee is violent, the supervisor shall allow the peace officer to stay.
(4) If a physician asks that a peace officer stay, a physician shall examine the emergency evaluee as promptly as possible.
(b) Duties of Emergency Facility.
(1) If the petition is executed properly, the emergency facility shall accept the emergency evaluee.
(2) Within 6 hours after an emergency evaluee is brought to an emergency facility, a physician shall examine the emergency evaluee, to determine whether the emergency evaluee meets the requirements for involuntary admission.
(3) Promptly after the examination, the emergency evaluee shall be released unless the emergency evaluee:
(i) asks for voluntary admission; or
(ii) meets the requirements for involuntary admission.
(4) An emergency evaluee may not be kept at an emergency facility for more than 30 hours. Health Articles-Gen. Sec. 10 - 624.
SEE:--Health Articles-Gen. Sec. 10-628.
Health Art. Gen. Sec. 10-631
Health Articles-Gen. Sec. 10-625.
(a) Finding the Probable Cause. A court may order, at anytime, an emergency evaluation under part IV of this subtitle of an individual who has been arrested, if the court finds probable cause to believe that the individual has a mental disorder and there appears to be clear and imminent danger of the individual's doing bodily harm to the individual or another.
(b) Court Order. The court order for an emergency evaluation shall state the grounds.
(c) Custody of Peace Officer. Unless the court directs otherwise, an individual who is taken to an emergency facility under this section shall stay in the custody of the peace officer until the individual either is admitted to an appropriate facility or returned to the court or an appropriate jail.
(d) Disposition. If an individual was detained lawfully before the court ordered an emergency evaluation under this section and the individual does not meet the requirements for involuntary admission under this subtitle:
(1) the examining physician shall send a brief report of the evaluation to the court; and
(2) the peace officer shall:
(i) return to the court the individual, the court order, and the report of the examining physician; or
(ii) if the court is not in session, take the individual to an appropriate jail and, before the end of the next day that the court is in session, return to the court the individual and the report of the examining physician.
(e) Detainer. A court order under this section is a detainer against an individual until:
(1) the charges against the individual are dismissed, nol. prossed, or stetted; or
(2) the individual appears in court. Health Articles-Gen. Sec. 10-626.
The Maryland Department of Environment (MDE) is the lead agency in the State for environmental issues and the Attorney General's Environmental Crimes Unit (ECU) is the principal investigative/prosecutorial office for environmental crimes.
While some issues, such as littering/solid waste, are straight forward and uncomplicated, other matters, such as air pollution, hazardous waste, etc., can be more complex and should be referred to the appropriate MDE administration, the Environmental Crimes Unit and/or the local agency responsible for environmental issues.
If you have a question about an environmental issue that is not listed below, call (410) 631-3000 or 1-800-633-6101 and the MDE operator will direct your call.
If you have a question about environmental crimes, call the Environmental Crimes Unit (410) 631-3025 or 1-800-633-6101 x3025. After working hours, call (410) 486-3101 or 1-800-525-5555 and the MSP/Pikesville Duty Officer will forward your call to ECU attorney/investigator on call.
Air Pollution
See Environmental Article--Title 2, Ambient Air Quality Control.
Questions about air pollution, asbestos, dust, odors, open burning, radiation, smoke, etc. should be referred to the MDE/Air and Radiation Management Administration (410) 631-3215 or 1-800-633-06101 x3215. After working hours, call (410) 243-8700.
Hazardous Waste
See Environmental Article--Title 7, Hazardous Materials and Hazardous Substances.
Questions about hazardous waste, chemical spills/releases, drum dumps, transportation incidents involving hazardous materials, etc. should be referred to the MDE/Emergency Response Program (410) 333-2950. After working hours, call (410) 974-3551.
Litter Control Law
a) Short title.--This section shall be known and may be cited as the "Litter Control Law."
b) Declaration of intent; prohibition by municipality.--It is the intention of the legislature by this section to provide for uniform prohibition throughout the State of Maryland of any and all littering on public or private property, and to curb thereby the desecration of the beauty of the State and harm to the health, welfare and safety of its citizens caused by individuals who litter. However, to permit more active enforcement of littering prohibitions within a municipality, the legislative body of a municipality may prohibit littering, as does this section, and classify littering as a municipal infraction under Article 23A, 3(b) of the Code. c) Definitions.--As used in this section the following words or phrases shall have the following meanings:
(1) The word "litter" means all rubbish, waste matter, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.
(2) The phase "public or private property" means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, parking facility, playground, public service company property or transmission line right-of-way, building, refuge or conservation or recreation area, any residential or farm properties, timberlands or forest.
(3) The word "person" means any individual, firm, sole proprietorship, partnership, corporation, limited liability company, or unincorporated association.
(4) The phrase "commercial purpose" means the purpose of economical gain.
(d) Unlawful activities.--(1) It shall be unlawful for any person or persons to dump, deposit, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this State, or any waters in this State unless:
(i) Such property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property; or
(ii) Such litter is placed into a litter receptacle or container installed on such property.
(2) It shall be unlawful for any person or persons to throw, dump, or deposit any trash, junk, or other refuse upon any highway, or to perform any act which constitutes a violation of the State of Maryland's Vehicle Laws relative to putting trash, glass and other prohibited substances on highways.
(e) Penalties.--Any person violating the provisions of subsection (d) of this section shall be punished as follows:
(1) A person who dumps litter in violation of subsection (d) of this section in an amount not exceeding 100 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor and is subject to a fine of not more than $1,000. or by imprisonment for not more than 30 days, or both.
(2) A person who dumps litter in violation of subsection (d) of this section in an amount exceeding 100 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 216 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor and subject to a fine of not more than $10,000 or imprisonment for not more than 5 years or both.
(3) A person who dumps litter in violation of subsection (d) of this section in an amount exceeding 500 pounds in weight or 216 cubic feet in volume or in any quantity for commercial purposes is guilty of a misdemeanor and subject to a fine of not more than $25,000 or imprisonment for not more than 5 years or both.
(4) In addition to the sentences provided by this subsection, a court may order the violator to:
(i) Remove or render harmless the litter dumped in violation of this section;
(ii) Repair or restore property damaged by, or pay damages for, any damage arising out of dumping the litter in violation of this section;
(iii) Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of subsection
(d) of this section; or
(iv) Reimburse the State, county, or municipal corporation for any costs incurred by the State, county, or municipal corporation in the removal of litter dumped in violation of subsection (d) of this section.
(f) Presumption of responsibility for violation; suspension of licenses.--Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of subsection (d) of this section, and if the vehicle, boat, airplane or other conveyance has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the vehicle, boat, airplane, or other conveyance, the operator shall be presumed to be responsible for the violation. Furthermore, licenses to operate such conveyances may be suspended for a period not to exceed seven days together with, or in lieu of, penalties provided in subsection (e) of this section.
(g) Owner of property where violation occurred need not be present in court.--Notwithstanding any other provision of law, if the facts of any case in which a person is charged with violating this section are sufficient to prove that the person is responsible for the violation, it is not necessary that the owner of the property on which the violation allegedly occurred be present in any court proceeding regarding that case.
(h) Enforcement.--All law-enforcement agencies, officers and officials of this State or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this State or any political subdivision thereof, are hereby authorized, empowered, and directed to enforce compliance with this section.
(i) Receptacles to be provided; notice of provisions of section.--All public authorities and agencies having supervision of properties of this State are authorized, empowered and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where such property is frequented by the public, and to post signs directing persons to such receptacles and serving notice of the provisions of this section, and to otherwise publicize the availability of litter receptacles and requirements o this section.
(j) Dispositions of fines.--Fines collected for violations of this section shall be disbursed to the county or city where the violation occurred to be used to defray the expense of establishment and maintenance of receptacles and posting of signs as provided in subsection (i) of this section and for any other purpose relating to the removal or contol of litter. Art. 27, Sec. 468.
Questions about littering/solid waste violations, landfills, recycling, sludge, etc. should be referred to the MDE/Waste Management Administration/Solid Waste Program (410) 631-3364 or 1-800-633-6101 x3364. After working hours, call (410) 974-3551.
Questions about medical waste or infectious waste should be referred to the local health department or the MDE/Emergency Response Program (410) 333-2950. After working hours, call (410) 974-3551.
See Environment Article--Title 4, Water Management and Title 9, Water, Ice and Sanitary Facilities. Questions about water pollution, sediment and erosion control, wastewater treatment plants, discharges of any substance into surface and groundwater that is not a permitted discharge should be referred to the Water Management Administration (410) 631-3401 or 1-800-633-6101 x3409. After working hours, call (410) 243-8700.
(a)(1) If any individual who is legally detained in the State penitentiary or a jail, house of correction, reformatory, station house, or other place of confinement in this State or who is committed to the Alcohol and Drug Abuse Administration for examination or inpatient treatment escapes, the individual is guilty of a felony and on conviction by the circuit court for the county in which the escape takes place, is subject to confinement in the State penitentiary or a jail or house of correction for an additional period not exceeding 10 years. The sentence imposed under this subsection shall be consecutive to any sentence which was being served at the time of the escape, or any sentence which had been imposed but was not yet being served at the time of sentencing on the escape. A sentence imposed under this subsection may not be suspended.
(2) (I) The following are places of confinement for purposes of this section:
(1) Detention centers and youth centers operated by the department of juvenile justice;
(2) The programs for committed delinquent or detained the Charles H. Hickey school, the Thomas O'Farrell youth center, the Doncaster facility, and the Victor Cullen center; and
(3) The programs for committed delinquent youth operated by the department of juvenile justices at the Cheltenham youth facility.
(II)The sentence for escape from a facility designated in this paragraph that does not involve an assault may not exceed confinement for 3 years.
(3) If any individual escapes from a facility of the Department of Health and Mental Hygiene after commitment as incompetent to stand trial or not criminally responsible, the individual is guilty of a felony and on conviction is subject to confinement in the State penitentiary or a jail or house of correction for a period not exceeding 10 years.
(b) An escapee who is convicted under Subsection (a)(1) of this section is liable for all expenses incurred in the return of the escapee to the jurisdiction of the Division of Correction. The Commissioner shall notify the returned escapee of any charges. A hearing shall be granted to any returned escapee who wishes to challenge the reasonableness of the charges. The Commissioner of Correction may establish appropriate rules, regulations, and procedures for charging an escapee with expenses, collecting those expenses, and for hearings to challenge those expenses.
(c) A person who aids in the escape of the individual under this section is guilty of a felony and on conviction by the circuit court for the county in which the escape takes place is subject to imprisonment not exceeding 10 years. Art. 27, Sec. 139.
See Art. 38A.
(a) It is unlawful for any person to manufacture, assemble, use or possess in this State, any device commonly known as a firebomb or a Molotov cocktail. Such a device is defined as any container which is filled with an incendiary mixture or flammable material or liquid, and is designed and intended to be used as a destructive device and whose ignition is caused by flame, friction, concussion, detonation or other method which will produce destructive effects primarily through combustion rather than explosion. This provision does not extend to those containers that contain and that are primarily designed and approved for the transportation or storage of a particular mixture, material, or liquid.
(b) Violation of this section is a misdemeanor and is punishable upon conviction by imprisonment in the penitentiary for a period not to exceed 5 years, or by fine not to exceed $2,500 or both. Art. 27, Sec. 139A.
(a) A person may not manufacture, assemble, possess, transport, or place in this State any destructive explosive device with the intent to terrorize, intimidate, threaten, or harass.
(b) The term "Destructive Explosive Device" shall include any explosive as defined by Article 38A, 26(1) of the Code. Incendiary or poisonous gas incorporated into a bomb, grenade, rocket having a propellant charge, missile having an explosive or incendiary charge, mine, or other similar device.
(c) A person who violates this section is guilty of a felony and, upon conviction, is subject to imprisonment for 20 years or a fine of $10,000 or both. Art. 27, Sec. 139B.
(a) In this section, "pipe bomb" means a noncommercially made explosive device constructed of a solid material filled with explosive material which is designed to explode when subjected to heat, friction, concussion, or detonation.
(b) An individual may not knowingly manufacture, assemble, transport, or use a pipe bomb.
(c) An individual who violates this section is guilty of a felony and on conviction is subject to a fine of not more than $10,000 or imprisonment for not more than 20 years or both. Art. 27. Sec. 139C
(a) A person may not manufacture, possess, transport, or place a device that is constructed to represent a bomb, explosive, incendiary, or destructive explosive device with the intent to terrorize, frighten, intimidate, threaten, or harass.
(b) A person who violates this section is guilty of a misdemeanor and on conviction, is subject to imprisonment for 1 year or a fine of $1,000 or both. Art. 27, Sec. 151C.
(A) In this section, "Correctional employee" means:
(1) A person who is employed by a correctional institution;
(2) A person who performs volunteer work for a correctional institution;
(3) A person who performs duties in a correctional institution by virtue of federal, state, or local government employment; or
(4) A person who performs duties in a correctional institution by virtue of a contract with federal, state, or local government.
(b) An inmate housed in a state, county, municipal, or other jail, detention center, or correctional facility may not falsely imprison a correctional employee.
(c) (1) An inmate who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(2) A sentence imposed under this section may not be suspended. Art.27, Sec. 337A
(A)A person may not make a false statement, report or complaint, or cause a false statement, report or complaint to be made, to any peace or police officer of any county, city or other political subdivision of this State, or of the Maryland-National Capital Park and Planning Police knowing the same, or any material part thereof, to be false and with intent to deceive and with intent to cause an investigation or other action to be taken as a result thereof.
(B) A person who is arrested by a peace or police officer of this state, of any county, municipal corporation, or other political subdivision of this state, or of the Maryland-National Capital park and Planning Police may not knowingly, and with intent to deceive, make a false statement to a peace or police officer concerning the person's identity, address, or date of birth.
(C) A person who violates this section is guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or be imprisoned not more than 6 months, or both. Art. 27, Sec. 150.
A person is guilty of a misdemeanor if, knowing the statement or rumor to be false, he circulates or transmits to another or others, with intent that it be acted upon, a statement or rumor, written, printed, or by word of mouth, concerning the location or possible detonation of a bomb or other explosive. An offense under this section committed by the use of a telephone may be deemed to have been committed either at the place at which the telephone call or calls were made or at the place at which the telephone call or calls were received.
A person convicted of violating this section is subject to a fine not exceeding $10,000 or to imprisonment for not exceeding one year or to both such fine and imprisonment in the discretion of the Court. This section does not apply to any statement or rumor made or calculated by an officer, employee, or agent of a bona fide, civilian defense organization or agency, if made in the regular course of his duties with that organization or agency. Article 27; Section 151A.
Any person who makes a false statement or report of the commission of a crime or of the existence of any condition imminently dangerous to public health, or safety, or causes such a false statement or report to be made, to any official or agency of this State, or of any county, city or other political subdivision of this State, knowing the same, or any material part thereof, to be false and with intent that such official or agency investigate, consider or take action in connection with such statement or report, shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or be imprisoned not more than 6 months, or both. Art. 27, Sec. 151.
Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or which, in the case of New Jersey, is a high misdemeanor under the laws of said State or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, or which in the case of New Jersey, is a high misdemeanor under the laws of said State, is charged, shall be fined not more than $5,000 or imprisoned not more than five years or both. USCA, Title 18, Section 1073.
It is unlawful for any person knowingly to give or cause to be given any false alarm of fire by means of telegraph box connected with any fire alarm telegraph or by means of telephone or telegraph systems, or by any other means or methods. It is unlawful for any person knowingly to give or cause to be given a false call for an ambulance or rescue squad by means of telephone or by any other means or methods. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction is subject to a fine of not more than $5,000, or to imprisonment not exceeding five years or both. Article 27; Section 156.
(a) Any individual or corporation that willfully, maliciously, or with intent, sets on fire, or causes to be set on fire, any woods, brush, grass, or stubble, on land not his own, is guilty of a misdemeanor and upon conviction is subject to a fine not less than $25 nor exceeding $2,000, or imprisonment for not less than 30 days not exceeding five years, or both with costs imposed in the discretion of the court.
(b) An individual or corporation may not carelessly or negligently set on fire, or cause to be set on fire any woods, brush, grass, grain, or stubble resulting in damage to the property of another. Setting a fire contrary to the provisions of this subsection, or allowing it to escape to the injury of adjoining lands, is prima facie proof of carelessness or neglect within the meaning of this subsection. The land owner from whose land the fire originated also is liable in a civil action for damages for injury resulting from the fire, and for the cost of fighting and extinguishing the fire, unless he can prove to the satisfaction of the court before which the case is tried that the injury complained of was suffered without any negligence on the part of the owner or his agents.
(c) Any person who discovers a forest or brush fire not under the control of some person shall extinguish it or report it to the local fire warden.
(d) The provisions of this section do not contravene other provisions of law relating to the liability for fires of railroad companies.
Nat. Res. Art. 5-704.
(a) The term "fireworks" as used in this subtitle means firecrackers, squibs, rockets, Roman candles, fire balloons, signal lights, and any combustible, explosive or implosive composition, or any substance or combination of substances, or article prepared for the purpose of producing visible or an audible effect by combustion, explosion, implosion, deflagration, or detonation. The term "fireworks" does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for use; or toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture; or sparklers containing no chlorates or perchlorates; or paper wrapped snappers containing less than three hundredths grain of explosive composition; or ash-producing pellets known as "snakes" which contain no mercury and are not regulated by the U.S. Department of Transportation.
(b) "Class B fireworks" mean special fireworks, designed primarily to provide visible or audible effects by combustion or explosion. Class B fireworks includes toy torpedoes, railway torpedoes, firecrackers and salutes that do not qualify as Class C fireworks, exhibition display pieces, illuminating projectiles, incendiary projectiles, incendiary grenades; smoke projectiles or bombs containing expelling charges but without bursting charges; flash powders in inner units not exceeding two ounces each, flash sheets in interior packages, flash powder or spreader cartridges containing not over 72 grains of flash powder each; and flash cartridges consisting of a paper cartridge shell, small arms primer and flash composition, not exceeding 180 grains all assembled in one piece. The use of the term "Class B fireworks" is based on United States Department of Transportation regulations.
(c) "Class C fireworks" means common fireworks, designed primarily to produce visible effects by combustion. Some small devices designed to produce an audible effect are included, but only when containing less than two grains of pyrotechnic composition. Class C fireworks include the following:
(1) Roman candles, not exceeding ten balls, with total pyrotechnic composition not exceeding twenty grams in weight and inside tube diameter not exceeding 3/8 inch.
(2) Sky rockets with sticks, total pyrotechnic composition not exceeding twenty grams in weight, and inside tube diameter not exceeding 1/2 inch.
(3) Helicopter type rockets, total pyrotechnical composition not exceeding twenty grams in weight, and inside tube diameter not exceeding 1/2 inch.
(4) Cylindrical foundations with total pyrotechnic composition not exceeding seventy-five grams in weight; and inside tube diameter not exceeding 3/4 inch.
(5) Cone foundations with total pyrotechnic composition not exceeding fifty grams in weight.
(6) Wheels, with total pyrotechnic composition not exceeding sixty grams for each driver unit or two hundred forty grams for each wheel, and with inside tube diameter or driver units not exceeding 1/2 inch.
(7) Illuminating torches and colored fire in any form with total pyrotechnic composition not exceeding one hundred grams each.
(8) Dipped sticks, the pyrotechnic composition of which contains any perchlorate not exceeding five grams.
(9) Mines and shells of which the mortar is an integral part, total pyrotechnic composition not exceeding forty grams in weight.
(10) Firecrackers and salutes with casings, and external dimensions not exceeding one and one-half inches in length, or one-quarter in diameter, and total pyrotechnic composition not exceeding two grains each in weight.
(11) Novelties consisting of two or more devices enumerated in this subsection.
The use of the term "Class C" common fireworks is based on United States Department of Transportation regulations.
(d) "Pyrotechnic composition" means a chemical mixture which on burning and without explosion produces visible or brilliant displays or bright lights, or whistles.
(e) "Explosive composition" means any mixture or substance which, upon being ignited, may cause such a generation of highly heated gases that the resulting gaseous pressures are capable of producing destructive effects on contiguous objects.
(f) "Firearms plant" means all lands, and buildings thereon, used for or in connection with the manufacture or processing of fireworks. This includes storage buildings used with or in connection with plant operation.
(g) "Finishing and assembling building" means any building or structure in which fireworks are assembled and packed but in which no mixing or pressing is permitted.
(h) "Press building" means any building used primarily for pressing or loading pyrotechnic powder into tubes and containers.
(i) "Mixing building" means any building used primarily for mixing and blending pyrotechnic composition excluding wet sparkler mixes.
(j) "Storage building" means any building, structure, or facility in which fireworks in any state of processing, or finished fireworks, are stored, but in which no processing or manufacturing is performed.
(k) "Warehouse" means any building or structure used exclusively for the storage of inert materials. Art. 38A, Sec. 15.
(a) Discharge.--(1) It is unlawful for any person to discharge fireworks without a permit issued pursuant to this subtitle, or to possess fireworks, either with the intention of discharging or permitting the discharge thereof in violation of this subtitle, or for the purpose of disposal or sale to persons for use or discharge without a permit, where a permit is required by this subtitle. The fee for this permit is $10.
(2) The permit fee requirement of paragraph (1) of this subsection does not apply to a volunteer fire department or volunteer ambulance and rescue company.
(b) Sale.--It is unlawful for any person to sell fireworks to any person without a permit issued pursuant to this subtitle, but a manufacturer licensed by the State Fire Marshall pursuant to this subtitle may sell or deliver fireworks to bona fide distributors, jobbers, or wholesalers whose principal places of business are situated in a state where the sale or possession of fireworks are permitted. The State Fire Marshall may require such out-of-state distributors, jobbers, or wholesalers to submit a certificate issued by their state of operation of permission or approval to buy and receive fireworks. Art. 38A, Sec. 16.
(a) Any person possessing or discharging fireworks in violation of this subtitle is guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not more than $250. Any person selling fire works in violation of this subtitle is guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not more than $1000.
(b) The State Fire Marshall shall seize and remove at the expense of the owner, all fireworks possessed or sold in violation of this subtitle, the ownership thereof shall be forfeited, and they shall be destroyed. Art. 38A, 17.
For provisions relating thereto see Natural Resources Article.
No person shall, in any manner, for exhibition or display:
(a) Place or cause to be placed any work, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States, or of this State, or authorized by any law of the United States or of this State;
(b) Expose to public view any such flag, standard, color, ensign or shield, upon which shall have been printed, painted or otherwise produced, or to which shall have been attacked, appended, affixed or annexed any such word, figure, mark, picture, design drawing or advertisement;
(c) Expose to public view for sale, manufacture or otherwise; or sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle or thing for holding or carrying merchandise upon, or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance. Penalty, fine not more than $500. Art. 27, Sec. 82.
A person may not intentionally mutilate, deface, destroy, burn, trample upon, or otherwise use a flag:
(1) in a manner intended to incite or produce an imminent breach of the peace; and
(2) under circumstances likely to incite or produce an imminent breach of the peace. Penalty, fine not more than $1,000 or imprisonment for not more than one year, or both fine and imprisonment. Art. 27, Sec. 83.
The word flag, as used in this subtitle, shall include any flag, standard, color, ensign or shield, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States, or this State. Art. 27, Sec. 81.
Exception: This statute does not apply to any act permitted by the statues of the United States or of this State, or by the United States Army and Navy Regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture, apparel or jewelry whereon shall be depicted said flag, standard, color, ensign or shield with no design or words thereon and disconnected with any advertisement. Art. 27, Sec. 84.
See: (Art. 27, Secs. 471, 474, 475, 476, 477, 478, 480.)
(a) In this section "cable television" means:
(1) Cable and satellite cable programming;
(2) Service provided by or through the facility of a cable television system or closed circuit coaxial cable communication system; or
(3) A microwave, satellite, or similar transmission service used with a cable television system or closed circuit coaxial cable communication system.
(b) A person may not:
(1) Destroy, damage, cut, tamper with, install, tap, remove, displace, or make any connection with any wire, conduit, apparatus, or equipment of a franchised cable television company or private cable television company with the intent to receive cable services without payment.
(2) Prevent, obstruct, or delay the sending, conveyance, distribution, or receipt of programming material transmitted by a franchised cable television company or a private cable television company;
(3) With the intent to deprive a company of lawful compensation for services provided, receive, attempt to receive, or assist another to receive:
(i) cable television service by trick, use of a decoder, or other fraudulent means; or
(ii) satellite cable programming:
(1) That is offered for sale in the person's area through an unauthorized marketing system; or
(2) That is received by decoding encrypted satellite cable programming;
(4) Connect with a cable, wire, component, or other device used for the distribution of cable television service without authority from the cable television company;
(5) Modify or alter:
(i) A device installed with the authorization of a cable television company in order to intercept or receive a program or service carried by the company; or
(ii) Equipment capable of decoding encrypted satellite cable programming in order to intercept or receive satellite cable programming; or
(6) Sell, rent, or offer for sale or rent to any person a device or plan for a device with the knowledge that the person intends to use the device or plan to do an act prohibited by the provisions of this section.
(c)(1) If a person destroys, damages, cuts, tampers with, installs, taps, removes, displaces, or makes any connection with any wire, conduit, apparatus, or other equipment of a franchised cable television company, it shall be prima facie evidence of an intent to receive cable television services without payment.
(2) Actual possession of a device, or possession and control of a quantity of devices that indicates possession for resale, is prima facie evidence of an intent to violate the provisions of this section if the device is designed to facilitate an act prohibited by the provisions of this section.
(d)(1) Except as provided in paragraphs (2) and (3) of this subsection, 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.
(2) A person convicted of a second or subsequent violation of this section is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
(3) A person who commits an act prohibited by the provisions of this section for payment or offer of payment 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) In addition to the provisions of subsection (d) of this section, a person who violates the provisions of subsection (b)(3) or (6) of this section shall be liable civilly to the aggrieved cable television for all appropriate civil damages awarded by a court.
(f) A cable television company may bring an action to enjoin and restrain a violation of the provisions of this section.
(g) Any electronic or communication equipment or other device used to violate a provision of this section is property subject to seizure and forfeiture to the state. Art. 27, Sec. 194B.
See Art. 27, Sec. 174.
See Art. 27, Sec. 194.
See Art. 27, Sec. 151B.
(a) In this section, the following words have the meanings indicated.
(1) "Compensation" includes payment based on a sale or distribution made to a person who is either a participant in a plan or operation or who, upon making payment, then has the right to become a participant.
(2) "Consideration" does not include: (i) payment for purchase of goods or services furnished at cost for use in making sales to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme; (ii) time or effort spent in pursuit of sales or recruiting activities; or (iii) the right to receive a discount or rebate based on the purchase or acquisition of goods and services by a bona fide cooperative buying group or association.
(3) "Promote" means to induce one or more other persons to become a participant.
(4) "Pyramid Promotional Scheme" means any plan or operation by which a participant gives consideration for the opportunity to receive compensation to be derived primarily from any person's introduction of other persons into participation in the plan or operation rather than from the sale of goods, services, or other intangible property by the participant or other persons introduced into the plan or operation.
(b) A person may not establish, operate, advertise, or promote a pyramid promotional scheme.
(c) A person who violates the provisions 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 not more than 1 year, or both.
(d) It is not a defense to a prosecution under this section that: (1) the plan or operation limits the number of persons who may participate or limits the eligibility of participants; or (2) on payment of anything of value by a participant, the participant obtains any other property in addition to the right to receive compensation. Art. 27, Sec. 233D.
(A) In this section, "Public Safety Officer" means:
(1) A police officer;
(2) A paid or volunteer fire fighter;
(3) An emergency medical technician;
(4) A rescue squad member;
(5) The state Fire Marshall; or
(6) A sworn officer of the State Fire Marshall.
(b)It shall be unlawful for any person, firm, corporation or similar organization to encourage, to receive or to solicit donations or contributions of money or items of value, or to offer items for sale in, a charitable or other fund-raising campaign by representing either to the public or to prospective donors that such campaign has the approval or sanction of any police or fire department of any jurisdiction within this State or any public safety officer or member of any public safety officer's family unless the written consent to the making of such a representation is first obtained from the chief administrative officer of the police or fire department concerned or his designee to the public safety officer or family member concerned. Nothing herein shall be construed to prohibit or hinder the participation in fund raising campaigns of off-duty public safety officers, not in uniform.
(c)Violation of this section shall constitute a misdemeanor, and, upon conviction thereof, shall be punishable by a fine of not more than $1,000 or imprisonment for not more than 60 days or both for each violation. Art. 27, 233A.
It is unlawful, with intent to injure or defraud any gas company, to connect any pipe, tube or other instrument or other contrivance with any gas main or pipe in such a way as to avoid the registration of consumption of gas by meter.
Or, with intent to injure or defraud any gas company, to injure, alter or obstruct or prevent the action of any gas meter.
The existence of such contrivance, or the existence of such injury, alteration or obstruction shall be prima facie evidence of intent to violate the sections in question.
Penalty, fine not exceeding $250, or imprisonment not exceeding six months, or both. Art. 27, Secs. 192, 193.
(a) Any person (1) removes from the premises, including all attendant parking facilities, of any grocery store, store or market any wheeled cart or other similar device belonging to the owner of such grocery store, store or market and used for the purpose of assembling or carrying materials there purchased without the permission of the owner or his agents, or (2) destroys, mutilates or damages any such wheeled cart, or other device, or (3) abandons any such wheeled cart or device upon the streets, highways or alleys, other than attendant parking facilities, of the State of Maryland, shall be guilty of a misdemeanor, and upon conviction thereof, is subject to a fine of not more than $25.00 for each offense.
(b) The provisions of this section shall apply only to wheeled carts and other similar devices which have the name and address of the owner thereof clearly marked thereon, and only if notice of the provisions of this section is clearly and prominently displayed at all public exits from the grocery store, store or market. Art. 27, Sec. 120A.
(a) It is unlawful for any person to open a sealed, closed or fastened food package or container in any food store or supermarket when such opening will leave the item in an unsalable condition, unless the person intends to purchase the item or has received authority to open the item by the proprietor.
(b) Any violation of the provisions of this section is a misdemeanor, and upon conviction is subject to a fine of not more than $25. Art. 27, Sec. 120B.
(A) A person may not present or aid in presenting to any insurer, or any agent of any insurer for the purpose of obtaining any benefits, any claim that falsely alleges the theft of a motor vehicle.
(b) A person who violates this section is guilty of:
(1) if the claimed value of the motor vehicle exceeds $300, a felony and is subject to a fine of $1,00 or imprisonment for 2 years or both; and
(2) if the claimed value of the motor vehicle does not exceed $300, a misdemeanor and is subject to a fine of $500 or imprisonment for 6 months or both. Art. 48A, Sec. 233A.
Art. 27, Sec. 214B.
See Art. 27, Sec. 230A and Art. 88A, Sec. 62.
See Art. 27. Sec. 181 and 182.
Commercial Law Articles Sections 14-801 to 14-803.
Commercial Law Articles Sections 14-601 to 14-608.
It is unlawful for any person knowingly to make, sell, offer or advertise for sale, possess, or give or otherwise transfer to another any instrument, apparatus, equipment, or device or plans or instructions for making or assembling any instrument, apparatus, equipment or device which has been designed, adapted, used, or employed with the intent or for the purpose of (1) obtaining telephone or telegraph service or the transmission of a message, signal, or other communication by telephone or telegraph, or over telephone or telegraph facilities, without the payment of charges thereof; or (2) concealing or assisting another to conceal from any supplier or telephone or telegraph service or from any person charged with the responsibility of enforcing this section, the existence or place or origin or of destination of any message, signal, or other communication by telephone or telegraph, or over telephone or telegraph facilities. Penalty, fine not exceeding twelve months or both such fine and imprisonment. Art.27, Sec. 557A.
All games, devices and contrivances at which money or other thing shall be bet or wagered shall be deemed a gaming table within the meaning of Sections 237, 238, 239, 241 and 242 of Art. 27. See Art. 27, Secs. 244, 245, 246, 262, 264B, 240, 254, and 255.
All police officers are required to visit all places where they shall have reason to suspect gambling tables are kept, and to have prosecuted all persons offending against the law prohibiting gambling. Art. 27, Sec. 263.
(a)(1) In this section the following words have the meanings indicated.
(2)(i) Credit means payment through the use of a credit card, or promissory note.
(ii) Credit includes the selling or pledging of personal property in exchange for cash or tokens.
(3) Gaming device means a gaming table as defined in section 238 of this subtitle, paddle wheel, wheel of fortune, chance book, bingo, or other game of chance that is played for money or other thing of value.
(4) Gaming event means a bingo game, carnival, bazaar, raffle, benefit performance, or other event at which a gaming device is operated.
(5) Organization includes:
(i) Fraternal, religious, civic, patriotic, educational, or charitable organization or corporation;
(ii) Volunteer fire company, rescue squad, or auxiliary unit;
(iii) Veterans' organization or club;
(iv) Bona Fide nonprofit organization that is raising money for an exclusively charitable, athletic, or educational purpose; or
(v) Any other organization that is authorized to conduct a gaming event under this subtitle.
(6) Token means a poker chip, bingo chip, or other device commonly used in the playing of a gaming device instead of cash.
(b) An organization that operates a gaming event authorized under this subtitle may not accept credit from a person for the purpose of allowing that person to play a gaming device at the gaming event.
(c) This section does not prohibit an organization from accepting a token instead of cash from a person who has paid the organization cash for the use of the token.
(d) An organization who violates subsection (b) of this section is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $1,000 or loss of privileges to conduct a gaming event for not more than 60 days or both. Art. 27, Sec. 261E.
Playing bingo is permitted under certain conditions in Baltimore City, and in Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Frederick, Garrett, Harford, Howard, Kent, St. Mary's, Queen Anne's and Washington Counties. Art. 27, Secs. 247 - 261B.
Bingo is permitted under local laws in Prince George's County. See 949 of Prince George's County Code 1943.
(a)Except as provided in subsection 6-209 of the Transportation Article, it shall be unlawful for any person, firm, etc., to bet, wager or gamble at or to keep, conduct, maintain or operate any game of chance, gaming table or coin operated gambling machine or device upon any vessel upon any of the waters within the State of Maryland, or upon any pier, wharf, building or other structure of any kind whatsoever which is built upon or over any of the waters of this State and which pier, wharf, building or other structure cannot be entered from the shore of the State of Maryland by a person on foot etc....... (penalty--fine $200 to $1,000 or imprisonment up to one year or both.) Art. 27, Sec. 246A.
No person shall draw any lottery or sell any lottery ticket in this State; nor shall any person sell what are called policies, certificates or anything by which the vendor or the other person promises or guarantees that any particular number, character, ticket or certificate shall in any event or on the happening of contingency entitle the purchaser or holder to receive money, property of evidence of debt. Art. 27, Sec. 356.
Art. 27, Sec. 357.
"See Natural Resources Articles."
(f) Any person who while operating a motor vehicle upon any high way in this State accidentally strikes and kills a deer upon said highway shall upon producing evidence of collision with said deer to any State Police or Game Warden of this State under this Article, be entitled to possession of said deer. The provisions of this subsection shall be applicable to deer killed by collision with a motor vehicle at any time whether during the open season for killing deer or during the legally closed season. Natural Resources Art. 10-415.
(a) Declaration of Policy.--The General Assembly of Maryland hereby finds and declares that:
(i) There has, in recent years, been an alarming increase in the number of violent crimes perpetrating in Maryland, and a high percentage of those crimes involve the use of handguns;
(ii) The result has been substantial increase in the number of persons killed or injured which is traceable, in large part, to the carrying of handguns on the streets and public ways by persons inclined to use them in criminal activity;
(iv) Further regulations on the wearing, carrying, and transporting of handguns are necessary to preserve the peace and tranquility of the State and to protect the rights and liberties of its citizens.
(b) Any person who shall wear, carry, or transport any handgun, whether concealed or open, upon or about his person, and any person who shall wear, carry or knowingly transport any handgun, whether concealed or open, in any vehicle traveling upon the public roads, highways, waterways, or airways or upon roads or parking lots generally used by the public in this State shall be guilty of a misdemeanor; and it shall be a rebuttable presumption that the person is knowingly transporting the handgun; and on conviction of the misdemeanor shall be fined or imprisoned as follows:
(i) If the person has not previously been convicted of unlawful wearing, carrying or transporting a handgun in violation of this section, or unlawfully using a handgun in the commission of a crime in violation of subsection (d) of this section, or unlawfully carrying a concealed weapon in violation of Sec. 36 of this article, or of unlawfully carrying a deadly weapon on public school property in violation of Sub Section 36A of this article, shall be fined not less than two hundred and fifty ($250.00) dollars, nor more than twenty-five hundred ($2,500.00) dollars, or be imprisoned in jail or sentenced to the Maryland Division of Correction for a term of not less than 30 days not more than three years, or both; provided, however, that if it shall appear from evidence that the handgun was worn, carried, or transported on any public school property in this State, the court shall impose a sentence of imprisonment of not less than 90 days.
(ii) If the person has previously been once convicted of unlawfully wearing, carrying, or transporting a handgun in violation of SubSection 36B, or of unlawfully using a handgun in the commission of a crime in violation of subsection (d), of this section, or of unlawfully carrying a concealed weapon in violation of SubSection 36 of this article, or of unlawfully carrying a deadly weapon on public school property in violation of SubSection 36A of this article, shall be sentenced to the Maryland Division of Correction for a term of not less than 1 year more than 10 years, and it is mandatory upon the court to impose no less than the minimum sentence of 1 year; provided, however, that if it shall appear from the evidence that the handgun was worn, carried, or transported on any public school property in this State, the court shall impose a sentence on imprisonment of not less than three years.
(iii) If the person has previously been convicted more than once of unlawfully wearing, carrying, or transporting a handgun in violations of SubSection 36B of this article, or of unlawfully using a handgun in the commission of a crime in violations of subsection (d) of this section, or of unlawfully carrying a concealed weapon in violation of SubSection 36 of this article, or of unlawfully carrying a deadly weapon on public school property in violation of SubSection 36A of this article, or any combination thereof, shall be sentenced to the Maryland Division of Correction for a term of not less than three years nor more than 10 years, and it is mandatory upon the court to impose no less than the minimum sentence of three years; provided, however, that if it shall appear from the evidence that the handgun was worn, carried, or transported on any public school property in the State, the court shall impose a sentence of imprisonment of not less than 5 years.
(iv) If it shall appear from the evidence that any handgun referred to in subsection "of this section" was carried, worn or transported with the deliberate purpose of injuring or killing another person, the court shall impose a sentence of imprisonment of not less than 5 years.
(c) Exceptions--(1) Nothing in this section shall prevent the wearing, carrying, or transporting of a handgun by (i) law enforcement personnel of the United States, or of this State, or any county or city of this State. (ii) members of the armed forces of the United States or of the National Guard while on duty or traveling to or from duty; or (ii) law enforcement personnel of some other state or subdivision thereof temporarily in this State on official business; (iv) any jailer, prison guard, warden, or guard or keeper of any penal, correctional or detention institution in this State; or (v) sheriffs and temporary or full-time sheriffs deputies, as to all of whom this exception shall apply only when they are on active assignment engaged in law enforcement; provided, that any such person mentioned in this paragraph is duly authorized at the time and under the circumstances he is wearing, carrying, or transporting the weapon to wear, carry, or transport such weapon as part of his official equipment.
(2) Nothing in this section shall prevent the wearing, carrying, or transporting of a handgun by any person whom a permit to wear, carry, or transport such weapon has been issued under SubSection 36E of this article.
(3) Nothing in this section shall prevent any person from carrying a handgun on his person or in any vehicle while transporting the same to or from the place of legal purchase or sale, or between bona fide residence of the individual, or between his bona fide residence and his place of business, if the business is operated and substantially owned by the individual, or to or from any bona fide repair shop. Nothing in this section shall prevent any person from wearing, carrying, or transporting a handgun used in connection with a target shoot, formal or informal target practice, sport shooting event, hunting, a department of Natural Resources sponsored firearms and hunter safety class, trapping, dog obedience class or show or any organized military activity while engaged in, on the way to, or returning from such activity. Nothing in this section shall prevent any bond fide gun collector from moving any part or all of his gun collection from place to place for public exhibition. However, while traveling from any such place or event referred to in this paragraph, a handgun shall be unloaded and carried in an enclosed case or enclose holster.
(4) Nothing in this section shall prevent a person from wearing, carrying, or transporting a handgun within the confines of real estate owned or leased by him or upon which he resides or within the confines of a business establishment owned or leased by him. Nothing in this section shall prevent a supervisory employee from wearing, carrying, or transporting a handgun within the confines of a business establishment in which he is employed during such time as he is acting in the course of his employment and has been authorized to wear, carry, or transport the handgun by the owner or manager of the business.
(5) Nothing in the section shall prevent a person from carrying or transporting any signal pistol or other visual distress signal approved by the United States Coast Guard in any vessel used upon the waterways of this State, or if unloaded and carried in an enclosed case, in any vehicle.
(d) Any person who shall use a handgun or any antique firearm capable of being concealed on the person in the commission of a felony or any crime of violence as defined in SubSection 441 of this article, whether operable or inoperable at the time of the offense, shall be guilty of a separate misdemeanor and on conviction thereof shall, in addition to any other sentence imposed by virtue of commission of said felony or misdemeanor:
(1) For a first offense, be sentenced to the Maryland Division of Correction for a term of not less than 5 nor more than 20 years, and it:
(i) It is mandatory upon the court to impose no less than the minimum sentence of 5 years; and
(ii) Except as otherwise provided in Article 31B, SubSection II of the code, the person is not eligible for parole in less than 5 years; and
(2) For a second or subsequent offense, be sentenced to the Maryland Division of Correction for a term of not less than 5 nor more than 20 years, and it is mandatory upon the court to impose no less than a minimum consecutive sentence of 5 years which shall be served consecutively and not concurrently to any other sentence imposed by virtue of the commission of said felony or misdemeanor.
(e) Reduction or suspension of mandatory minimum sentence; probation.--Notwithstanding any other provision of law to the contrary, including the provisions of SubSection 643 of this article, (1) except with respect to a sentence prescribed in subsection (b) (1) "of this section" no court shall enter a judgement for less than the mandatory minimum sentence prescribed in this subheading in those cases for which a mandatory minimum sentence is specified in this subheading; (2) except with respect to a sentence prescribed in this subheading; (3) except with respect to a sentence prescribed in subsection (b)(1) "of this section" for wearing, carrying, or transporting a handgun in violation of SubSection 36B other than on public school property, no court shall enter a judgment of probation before or without verdict with respect to any case arising under this subheading; and (4) except with respect to a sentence prescribed in subsection (b)(i) "of this section" no court shall enter a judgment of probation after verdict with respect to any case arising under this subheading which would have the effect of reducing the actual period of imprisonment prescribed in this subheading as a mandatory minimum sentence. Art. 27, Sec. 36B.
(a) Property Subject to Seizure and Forfeiture.--The following items of property shall be subject to seizure and forfeiture, and upon forfeiture, no property right shall exist in them:
(i) any handgun being worn, carried, or transported in violation of SubSection 36B of this article.
(ii) all ammunition or other parts or appurtenances to any such handgun worn, carried, or transported by such person or found in the immediate vicinity of such handgun.
(b) Procedure Relating to Seizure.--(i) Any property subject to seizure under subsection (a) hereof may be seized by any duly authorized law enforcement officer, as an incident to an arrest or search and seizure.
(ii) any such officer seizing such property under this section shall either place the property under seal or remove the same to a location designated either by the Department of State Police or by the law enforcement agency having jurisdiction in the locality.
(c) Procedure Relating to Forfeiture.--(1) Upon the seizure of a handgun pursuant to this section, the seizing authority shall attempt to ascertain and locate its owner by whatever inquiry and investigation is considered appropriate. If, as a result of an inquiry or investigation, the name and address of the reputed owner of the handgun is ascertained and the owner is a nonresident of Maryland, the seizing authority shall notify the appropriate law enforcement agency of the jurisdiction of which the owner is a resident and forward the handgun to that agency for disposition if the handgun is not needed for investigation or evidence or disposed of under "Paragraph (4) of this subsection". If the owner is a resident of the State the seizing authority may return the handgun to the owner. If the seizing authority does not return the handgun, it shall promptly notify the owner that he may apply within 30 days to the seizing authority for a review to determine whether the owner knew or should have know that the handgun was worn, carried, transported or used in violation of SubSection 36B, and whether the owner is qualified to possess it. Qualification for possession is the same as for sale or transfer under SubSection 442 of this article. Knowingly giving false information or making a material misstatement in the application for review or an investigation pursuant thereto is subject to the penalties set forth in SubSection 448 of this article.
(2) Upon timely receipt of an application, the seizing authority shall hold an informal review not subject to the Administrative Procedure Act on the matter of whether the owner either knew or should have know of the use or intended use of the handgun in violation of SubSection 36B. If, after that review, the determination of the seizing authority is favorable to the owner, the handgun shall be released to the owner if he qualified to possess it unless the handgun is needed as evidence in a criminal case or investigation, in which event the handgun shall be promptly returned upon the final conclusion of the case or investigation.
(3) If the seizing authority determines after review that the handgun should be forfeited to the State, the owner shall be so notified at his last known address and within 30 days thereafter he may petition the appropriate District Court for release of the handgun to him. The State's Attorney shall represent the State in the action. The court shall hear the matter and grant whatever relief is proper and in accordance with this subsection.
(4) In a proceeding in a criminal case involving a seized handgun a court may order forfeiture or release of the seized handgun in accordance with the criteria for release set forth in this subsection. Persons who have made written claim of ownership of a handgun to the seizing authority or the State's Attorney shall be notified of the proceeding and of the claimant's right to present his claims at the proceeding. A claimant who has completed the review procedure provided for by the subsection does not have the right to a second review under this paragraph.
(5) If no timely application for review under "Paragraph (2) of this subsection" or a petition to the court under "Paragraph (3) of this subsection." is effected, or order for release under "Paragraph (4) of this subsection." is issued, the handgun shall be forfeited to the State without further proceedings and destroyed by the seizing authority or disposed of in accordance with (d).
(6) If a reputed owner of a seized handgun is not ascertained and located pursuant to inquiry or investigation conducted under "Paragraph (1) of the subsection," the handgun is forfeited to the State without further proceedings.
(d) Disposition of Forfeited Property.--Whenever property is forfeited under this section, it shall be turned over to the State Secretary of General Services who may (i) order the property retained for official use of State agencies, or (ii) make such other disposition of the property as he may deem appropriate.
Art. 27, Sec. 36C.
(a) Any law enforcement officer who, in the light if his observations, information, and experience, has a reasonable belief that (i) a person may be wearing, carrying, or transporting a handgun in violation of SubSection 36B of this article, (ii) by virtue of his possession of a handgun, such a person is or may be presently dangerous to the officer or to others, (iii) it is impracticable, under the circumstances to obtain a search warrant; and (iv) it is necessary for the officer's protection or the protection of others to take swift measure to discover whether such person is, in fact, wearing, carrying, or transporting a handgun, such officer may:
(1) Approach the person and identify himself as a law enforcement officer;
(2) Request the person's name and address, and, if the person is in a vehicle his license to operate the vehicle, and the vehicle's registration; and
(3) ask such questions and request such explanations as may be reasonably calculated to determine whether the person is, in fact, unlawfully wearing, carrying, or transporting a handgun in violation of SubSection 36B; and if, the person does not give and explanation which dispels the reasonable belief which he had, he may
(4) Conduct a search of the person, limited to a patting a frisking of the person's clothing in search of a handgun. The law enforcement officers in acting under this section shall do so with regard to all circumstances of the occasion, including but not limited to the age, appearance, physical condition, manner, and sex of the person approached.
(b) In the event that the officer discovers the person to be wearing, carrying, or transporting a handgun, he may demand that the person produce evidence that he is entitled to so wear, carry, or transport the handgun pursuant to SubSection 36B(c) of this article. If the person is unable to produce such evidence, the officer may then seize the handgun and arrest the person.
(c) Nothing in this section shall be construed to limit the right of any law enforcement officer to make any other type of search, seizure, and arrest which may be permitted by law, and the provisions hereof shall be in addition to and not in substitution of or limited by the provisions of SubSection 594B of this article.
(d) Every law enforcement officer who conducts a search or seizure pursuant to this section shall, within twenty-four hours after such search and seizure, file a written report with the law enforcement agency by which he is employed describing the circumstances surrounding the search and seizure and the reasons therefor on a form prescribed by the Secretary of Public Safety and Correctional Services. Such report shall include the name of the person searched. A copy of all such reports shall be sent to the Secretary of the State Police.
Art. 27, Sec. 36D.
(a) Issuance.--A permit to carry a handgun shall be issued within a reasonable time by the Secretary of the State Police, upon application under oath therefor, to any person whom he finds:
(1) Is eighteen years of age or older; and
(2) Has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than one year has been imposed, or, if convicted of such a crime, has been pardoned or has been granted relief pursuant to Title 18, SubSection 925(c) of the United States Code; and
(3) Has not been committed to any detection, training, or correctional institution for juveniles for longer than one year after an adjudication of delinquency by a juvenile court; provided, however, that a person shall not be disqualified by virtue of this paragraph (3) if, at the time of the application, more than ten years has elapsed since his release from such institution; and
(4) Has not been convicted of any offense involving the possession use, or distribution of controlled dangerous substances; and if not presently an addict, an habitual user of any controlled dangerous substance not under legitimate medical direction, or an alcoholic; and
(5) Has, based on the results of investigation, not exhibited a propensity for violence or instability which may reasonably render his possession of a handgun a danger to himself or other law abiding persons; and
(6) Has, based on the results of investigation, good and substantial reason to wear, carry, or transport a handgun, provided however, that the phrase "good and substantial reason" as used herein shall be deemed to include a finding that such permit is necessary as a reasonable precaution against apprehended danger.
(b) The Superintendent may charge a non-refundable fee not to exceed $25, payable at the time an application for a permit or renewal of a permit is filed. The fee may be paid with a personal check, business check, certified check, or money order. All fees collected by the Secretary shall be credited to a special fund for the account of the Department of State Police. The expenses of administering the provisions of this section, except for the per diem compensation and expenses of the Handgun Permit review Board, shall be paid from the special fund, but nothing shall preclude the Governor from including general fund appropriations in the executive budget for such purposes if the special fund is inadequate therefor. Notwithstanding the above fees, costs paid by the Department of State Police in securing records from any other source shall be charged to the applicant; however, the charges assessed against the applicant may not exceed the fee charged by the Federal Bureau of Investigation to the Department of State Police for a fingerprint card record check.
(c) Expiration and Renewal.--A permit issued under this section shall expire on the last day of the holder's birth month following two years after its issuance. The permit may be renewed, upon application and payment of the renewal fee, for successive periods of three years each, if the applicant, at the time of application, possesses the qualifications set forth in this section for the issuance of a permit.
(d) Limitations in Permit.--The Secretary may, in any permit issued under this section, limit the geographic area, circumstances, or times during the day, week, month, or year in or during which the permit is effective. The Secretary may reduce the cost of the permit accordingly, if the permit is granted for one day only and one place only.
(e) Possession of Permit; Handguns to which Applicable.--any person to whom a permit shall be issued or renewed shall carry such permit in his possession every time he carries, wears, or transports a handgun. A permit issued pursuant to this section shall be valid for any handgun legally in the possession of the person to whom the permit was issued.
(f) Revocation.--The Secretary may revoke any permit issued or renewed at any time upon finding that (i) the holder no longer satisfies the qualifications set forth in subsection (a), or (ii) the holder of the permit has violated subsection (e) hereof. A person holding a permit which is revoked by the Secretary shall return the permit to the Secretary within ten days after receipt of notice of the revocation. Any person who fails to return a revoked permit in violation of this section shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $100 or more than $1,000, or be imprisoned for not more than one year, or both.
(g) Informal review of Secretary's action Regarding Permit.
(1) Any person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Superintendent to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Superintendent's initial action.
(2) the informal review may include a personal interview of the applicant and is not subject too the administrative Procedure act.
(3) Pursuant to the informal review. The Secretary shall sustain, reverse, or modify the initial action taken and notify the applicant of the decision in writing within 30 days after receipt of the request of informal review.
(4) Institutions of proceedings under this section is within the discretion of the applicant and is not a condition precedent to institution of proceedings under subsection (h) of this section.
(h) Handgun Permit Review Board.--(1) There is created a Handgun Permit Review Board as a separate agency with the Department of Public Safety and Correctional Services. The Board shall consist of five members appointed by the general public by the Governor with the advise and consent of the Senate of Maryland and shall hold office for terms of three years. The members shall hold office for a term of one, two, and three years, respectively to be designated by the Governor. After the first appointment, the Governor shall annually appoint a member of the Board in the place of the member whose term shall expire. Members of the Board shall be eligible for reappointment. In case of vacancy on the Board, the Governor shall fill the vacancy by the appointment of a member to serve until the expiration of the term for which the person had been appointed. Each member of the Board shall receive per diem compensation as provided in the budget for each day actually engaged in the discharge of his official duties as well as reimbursement, in accordance with standard travel regulations, for all necessary and proper expenses.
(2) Any person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Board to review the decision of the Superintendent by filing a written notice of the Superintendent's final action. The Board shall, within 90 days after the receipt of the request, either review the record developed by the Secretary, or conduct a hearing. In conducting its review of the decision of the Secretary, the Board may receive and consider any additional evidence submitted by any party. Based upon its consideration of the record, and any additional evidence, the Board shall either sustain, reverse or modify the decision of the Secretary. If the action taken by the Board results in the rejection of an application for a permit or renewal of a permit or the revocation or limitation of a permit, the Board shall submit in writing to that person the reason for the action being taken by the Board.
(3) Any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with the provisions of Title 10, Subtitle 2 of the State Government Article; provided, however, that no court of this State shall order the issuance or renewal of a permit or alter any limitations on a permit pending final determination of the proceeding.
(4) Any person whose application for a permit or renewal of a permit has not been acted upon by the Secretary within 90 days after the application was submitted, may request the Board for a hearing by filing a written request for such hearing with the Board.
(i) Persons Authorized to Wear or Carry Handgun Without Permit.-- Notwithstanding any other provisions of this subheading, the following persons may, to the extent authorized prior to March 27, 1972, and subject to the conditions specified in this subsection and subsection (j) hereof continue to wear, carry, or transport a handgun without a permit:
(1) Holders of Special Police Commissions issued under Title 4, Subtitle 9 of Article 41 of the Annotated Code of Maryland while actually on duty on the property for which the commission was issued or while traveling to or from such duty;
(2) Uniformed security guards, special railway police, and watchmen who have been cleared for employment by the Department of State Police while in the course of their employment or while travelling to or from the place of employment;
(3) Guards in the employ of a bank, savings and loan association, building and loan association, or express or armored car agency, while in the course of their employment or while traveling to or from the place of employment;
(4) Private detectives and employees of private detectives previously licensed under former Title 13 of the Business occupations and Professions Article, while in the course of their employment, or while traveling to or from the place of employment.
(ii) Notwithstanding any other provision of this subheading, the following persons may, to the extent authorized prior to March 27, 1972, and subject to the conditions specified in this subsection and subsection (j) hereof continue to wear, carry, or transport a handgun without a permit:
(1) Holders of Special Police Commissions issued under subsections 60 to 70 of Article 41 of the Annotated Code of Maryland, while actually on duty on the property for which the commission was issued or while traveling to or from such duty;
(2) Uniformed security guards, special railway police, and watchmen who have been cleared for such employment by the Department of State Police while in the course of their employment or while traveling to and from the place of employment;
(3) Guards in the employ of a bank, savings and loan association, building and load association, or express or armored car agency, while in the course of their employment or while traveling to or from the place of employment;
(4) Private detectives and employees of private detectives licensed under former SubSection 90A of Article 56 of the Annotated Code of Maryland, while in the course of their employment, or while traveling to or from the place of employment.
(j) Same Application for Permit.--Each person referred to in subsection (i) hereof shall, within one year after March 27, 1972, make application for a permit as provided in this section such application shall include evidence satisfactory to the Secretary of the Department of State Police that the applicant is trained and qualified in the use of handguns. The right to wear, carry, or transport a handgun provide for in SubSection (i) here of shall terminate at the expiration of one year after March 27, 1972, if no such application is made, or immediately upon notice to the applicant that his application for a permit has not been approved.
(k) Meaning of "Secretary".--As used in this section, Secretary means the Secretary of the Department of State Police, acting directly or through his duly authorized officers and agents.
(l) Permit Holder Under Influence of Alcohol or Drugs.--It is unlawful for a person to whom a permit has been issued or renewed to carry, wear, or transport a handgun while he is under the influence of alcohol or drugs. A person violating this subsection is guilty of a misdemeanor, and upon conviction he shall be fined $1,000 or be imprisoned for not more than one year, or both. Art.27,Sec.36E
For the purpose of altering the prohibition on the possession of short-barreled rifles and short-barreled shotguns; providing exceptions for certain persons and for certain short-barreled rifles and short-barreled shotguns which has been registered in a certain manner; and allocating the burden of providing a certain fact to a certain party in a certain prosecution.
(a)(1) In this section, the following words have the meanings indicated:
(2) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge and to fire only a single projectile through a rifle bore for each single pull of the trigger.
(3) "Short-barreled Shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.
(4) "Short-barreled Rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) is such weapon, as modified, has an overall length of less than 26 inches.
(5) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(6) The terms short-barreled shotgun or short-barreled rifle do not include:
(i) Antique firearms as defined in subsection 36F(c) of this article;
(ii) any device which is neither designed nor designated for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or
(iii) any firearms which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.
(b) Except as provided in subsection (c), a Person may not possess a short-barreled rifle or short-barreled shotgun.
(c) (1) The provisions of (b) of this section do not apply to the following individuals, while on official business:
(i) Law Enforcement personnel of the United States or of this State, or of any political subdivision of this State;
(ii) A member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
(iii) Law Enforcement personnel of another State or of a political subdivision of another State, while temporarily in this State;
(iv) A jailer, prison guard, warden, or guard or keeper of any penal, correctional, or detention institution in this State; and
(v) A sheriff, and a temporary or full-time sheriff.
(2) A person may possess a short-barreled shotgun or short-barreled rifle which has been registered with the United States Government in accordance with United States Statutes. In any prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.
(d) any person violating the provisions of this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding five years, or both. Art. 27, Sec. 481C.
(1) Has been convicted of a crime of violence, or of any provisions of this subtitle; or
(2) Is:
(i) A fugitive from justice;
(ii) A habitual drunkard;
(iii) A habitual abuser of narcotics, barbiturates, or amphetamines; or
(iv) Suffering from a mental disorder as defined in § 101(F)(2) of the Health-General Article and has a history of violent behavior against another person or self, or has been confined for more than 30 consecutive days to a facility as defined in §10-101 of the Health-General Article, unless the person possesses a physician's certification that the person is capable of possessing a pistol or revolver without undue danger to the person or to others. Art. 27, Sec. 445
(a) A person may not possess a rifle or shotgun if the person is suffering from a mental disorder as defined in 4, 6 10 - 101(F)(2) of the Health-General Article and has a history of violent behavior against another person or self, or has been confined for more than 30 consecutive days to a facility as defined in §10-101 of the Health-General Article, unless the person possesses a physician's certification that the person is capable of possessing a rifle or a shotgun without undue danger to the person or to others.
(b) any person violating the provisions of this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years, or both. Art. 27, Sec. 481D
For the purpose of providing that certain persons may not have a firearm in their possession or on their person at a demonstration, or in a vehicle at a certain proximity to a demonstration in a public place, under certain circumstances; providing a penalty for violators of this Act; and defining certain terms.
(a)(1) In this section, the following words have the meanings indicated.
(2)(i) "Demonstration" means demonstrating, picketing, speechmaking or marching, holding of vigils and all other like forms of conduct which involve the communication or expression of views or grievances engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers.
(ii) "Demonstration" does not include the casual use of property by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.
(3)(i) "Firearm" means a pistol or revolver, rifle, shot gun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.
(ii) "Firearm" does not include antique firearms, as defined in §36F of this article.
(4) "Law Enforcement Officer" means:
(i) A duly appointed member of a police force or other agency of the United States, the State, a county, municipality, or other political subdivision, who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipality, or other political subdivision;
(ii) A park police officer duly appointed by the Maryland-National Capital Park and Planning Commission;
(iii) A duly appointed member of the University of Maryland Police Force; and
(iv) Any military or militia personnel directed by constituted authority to keep law and order.
(5) "Pistol or Revolver" has the same meaning as in § 441 of this article.
(6) "Rifle, Shotgun, Short-barreled Rifle, and Short-barreled Shotgun" has the same meaning as in § 36F of this article.
(7)(i) "Public Place" means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.
(ii) "Public Place" is not limited to a place devoted solely to the uses of the public.
(iii) Public place includes:
1. The front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center, or other place of business;
2. A public building, including its grounds and curtilage;
3. A public parking lot.
4. A public street, sidewalk, or right-of-way; and
5. A public park or other public grounds.
(b) Except for law enforcement officers, a person may not have a firearm in their possession or on or about their person at a demonstration in a public place, or in a vehicle within 1,000 feet of a demonstration in a public place, after:
(1) Having been advised by a law enforcement officer that a demonstration was occurring at the public place; and
(2) Having been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
(c) A person who violates any of the provisions of this section is guilty of a misdemeanor, and on conviction is subject to a term of imprisonment of not more than 1 year, or a fine of $1,000, or both. Art. 27, Sec. 36G.
In this subheading, "Assault Pistol" means any of the following specified firearms or their copies regardless of which company produced and manufactured the firearms:
( 1) AA Arms AP-9 Semiautomatics;
( 2) Bushmaster Semiautomatic Pistol;
( 3) Claridge Hi-Tec, Semiautomatic Pistol;
( 4) D Max Industries Semiautomatic Pistol;
( 5) Encom MK-IV, MP-9, MP-45 Semiautomatic Pistols;
( 6) Heckler and Koch Semiautomatic SP-89;
( 7) Holmes MP-83 Semiautomatic Pistol;
( 8) Ingram Mac 10/11 Semiautomatics and any variation including the Partisan Avenger and the SWD Cobray;
( 9) Intratec Tec-9/DC-9 in any centerfire variation;
(10) P.A.W.S. Type Semiautomatic Pistol;
(11) Skorpion Semiautomatic Pistol;
(12) Spectre Double Action Semiautomatic Pistol [Sile, F.I.E., Mitchell];
(13) UZI Semiautomatic Pistol;
(14) Weaver Arms Semiautomatic Nighthawk Pistol; and
(15) Wilkinson Semiautomatic "Linda" Pistol
Art. 27 Sec. 36h-1.
The prohibitions under § 36H-3 of this subheading do not apply to:
( 1) Personnel of the United States government or any agency or department of the United States, members of the armed forces of the United States or of the National Guard or law enforcement personnel of this state or any local agency in this state while such persons are acting within the scope of their official business;
( 2) Any firearm modified to render it permanently inoperative;
( 3) Purchases, sales, and transport to or by a licensed gun dealer or manufacturer who is:
( I) Providing or servicing an assault pistol for law enforcement agencies or for any entity exempted under paragraph (1) of this section; or
(II) Acting to sell or transfer any assault pistol to a licensed gun dealer in another state;
( 4) Organizations that are required or authorized by federal law or regulations governing their specific business or activity to maintain assault pistols and applicable ammunition;
( 5) The receipt of an assault pistol by inheritance if the decedent lawfully possessed the assault pistol; or
( 6) The receipt of an assault pistol by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate.
Art. 27, Sec. 36h-2.
(A) Subject to the provisions of this subheading and except as provided in subsection (B) of this section, on or after June 1, 1995, a person may not:
(1) Transport an assault pistol into the state; or
(2) Possess, sell, offer to sell, transfer, purchase, or receive an assault pistol in the state.
(B) A person who lawfully possesses an assault pistol before June 1, 1994 may continue to possess the assault pistol if the person registers the assault pistol with the Superintendent of the Maryland State Police before August 1, 1994. Art. 27, Sec. 36h-3.
Any assault pistol transported, sold, transferred, purchased, received, or possessed in violation of this subheading may be seized by a law enforcement agency as contraband and disposed of according to regulation. Art. 27, Sec. 36h-4.
(A) This section does not apply to:
(1) The personnel or to the agencies specified under § 36H-2(5) or (6) of this subheading; or
(2) A transfer described under § 36H-2(5) or (6) of this subheading.
(B) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine for any type of firearms, except a .22 caliber rifle with a tubular magazine, if the magazine has a capacity of more than 20 rounds of ammunition. Art. 27, Sec. 36h-5
(A) Any person who violates any provision of this subheading is, upon conviction, guilty of a misdemeanor and subject to imprisonment for not more than 3 years or a fine of not more than $5,000 or both.
(B) Any person who uses an assault pistol, or a magazine that has a capacity of more than 20 rounds of ammunition, in the commission of any felony or any crime of violence as defined in 441 of this article, shall be guilty of a separate misdemeanor and on conviction thereof shall, in addition to any other sentence imposed by virtue of commission of the felony or misdemeanor:
(1) For a first offense, be sentenced to the Maryland Division of Correction for a term of not less than 5 more than 20 years, and;
(I) It is mandatory upon the court to impose no less than the minimum sentence of 5 years no part of which shall be suspended; and
(II) Except as otherwise provided in article 31B, 11 of the Code, the person is not eligible for parole in less than 5 years; and
(2) For a second or subsequent offense, be sentenced to the Maryland Division of Correction for a term of not less than 10 nor more than 20 years, and it is mandatory upon the court to impose no less than a minimum sentence of 10 years which shall be served consecutively and not concurrently to any other sentence imposed by virtue of the commission of the felony or misdemeanor. Art. 27, Sec. 36h-7.
(a)(1) In this section the following words have the meanings indicated.
(2)(i) "Firearm" means a pistol, revolver, rifle, shotgun, short-barreled rifle, short-barrelled shotgun, or any other firearm.
(ii) "Firearm" does not include antique firearms as defined in section 36F of this article.
(3) "Minor" means an individual under the age of 16.
(4) "Ammunition" means any ammunition cartridge, shell or other device containing explosive or incendiary material designed and intended for use in a firearm.
(b) Except as provided in this section, an individual may not store or leave a loaded firearm in any location where the individual knew or should have known that an unsupervised minor would gain access to the firearm.
(c) This section does not apply if:
(1) A minor's access to a firearm is supervised by a person 18 years old or older;
(2) A minor's access to a firearm was obtained as a result of an unlawful entry;
(3) A firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
(4) A minor has a certificate of firearm and hunter safety as set forth in section 10-301.1 of the Natural Resources Article.
(d)(1) A violation of this section may not:
(i) be considered evidence of negligence;
(ii) be considered evidence of contributory negligence;
(iii) limit liability of a party or an insurer; or
(iv) diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.
(2) A party, witness, or counsel may not make reference to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.
(e) Any person who violates this section is guilty of a misdemeanor and upon conviction shall be fined not more than $1,000. Art. 27, Sec. 36K.
(a) In this section "Course of Conduct" means a persistent pattern of conduct, composed of a series of acts over a period of time, that evidences a continuity of purpose.
(b) This section does not apply to any peaceful activity intended to express political views or provide information to others.
(c) A person may not follow another person in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys another person:
(1) with intent to harass, alarm, or annoy the other person;
(2) after reasonable warning or request to desist by or on behalf of the other person; and
(3) without a legal purpose.
(d) A person who violates this section is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $500 or imprisonment for not more than 90 days or both. Art. 27, Sec. 121A.
(a) In this section "haze" means doing any act or causing any situation which recklessly or intentionally subjects a student to the risk of serious bodily injury for the purpose of initiation into a student organization of a school, college, or university.
(b) A person who hazes a student so as to cause serious bodily injury to the student at any school, college, or university is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500, or imprisonment for not more than 6 months, or both.
(c) The implied or expressed consent of a student to hazing may not be a defense under this section. Art. 27, Sec. 268H.
(a) The superintendent of the Maryland State Police or the commander of the law enforcement agency of any political subdivision of this State may designate one or more law enforcement officers as a hostage and barricade communications specialist.
(b) Each telephone company providing service to Maryland residents shall designate one or more individuals to provide liaison with law enforcement agencies for the purpose of this section.
(c) The supervising law enforcement officer, who has jurisdiction in any situation in which there is probable cause to believe that the criminal enterprise of hostage holding is occurring or that a person has barricaded himself within a structure and poses an immediate threat of physical injury to others, may order a telephone company, or a telephone company employee, officer, or director, or a hostage and barricade communications specialist to interrupt, reroute, divert, or otherwise control any telephone communications service involved in the hostage or barricade situation for the purpose of preventing telephone communications by a hostage holder or barricaded person with any person other than a law enforcement officer or a person authorized by the officer.
(d) A hostage and barricade communications specialist shall be ordered to act under subsection (c) only if the telephone company providing service in the area has been contacted and requested to act under subsection (c) and the telephone company: (1) declines to respond to the officer's request because of a threat of physical injury to its employees; or (2) indicates when contacted that it will be unable to respond appropriately to the officer's request within a reasonable time from the receipt of the request.
(e) The supervising law enforcement officer may give an order under subsection (c) only after that supervising law enforcement officer has given written representation or oral representation of the hostage and barricade situation to the telephone company providing service to the area in which it is occurring. If an order is given on the basis of an oral representation, the oral representation shall be followed by a written confirmation of the representation within 48 hours of the order.
(f) Good faith reliance on an order by a supervising law enforcement officer who has the real or apparent authority to issue an order under this section shall constitute a complete defense to any action against a telephone company or a telephone company employee, officer, or director that arises out of attempts by the telephone company or the employee, officer, or director of the telephone company to comply with such an order.
(g) For the purpose of this section, "Supervising Law Enforcement Officer" means an officer: (1) having a rank at least equivalent to a Lieutenant of the Maryland State Police or higher; or (2) in charge of one if the following: (i) a state or county law enforcement agency; (ii) a Maryland State Police Barracks; or (iii) a district or region within a county or Baltimore City. Courts and Judicial Proceedings Art. 10-413.
See Health Articles-General:
(e)(1) A person, or two or more persons together, may not hunt or attempt to hunt at nighttime any species of wild bird or wild quadruped with a light, including the headlights of any vehicle, and a person may not cast the rays of any artificial light when the rays emanate from a vehicle on any woods, fields, orchards, livestock, wild animals or birds, dwellings or buildings. The provisions of this paragraph do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights in the performance of their duties, or to any farmer or landowner on his own or leaded land using artificial lights to check on his land, crops, livestock or poultry. However, raccoons, fox, or opossum may be hunted on foot at nighttime during open season with the use of a dog or light, or both.
(2)(i) Except in Anne Arundel, Baltimore, Calvert, Carroll, Charles, Allegany, Garrett, Howard, Kent, Caroline, Talbot, Dorchester, Queen Anne's, Cecil, Frederick, St. Mary's, Somerset, Washington, and Worcester counties, a person may cast the rays of an artificial light from a vehicle on woods, fields, orchards, livestock, wild animals or birds for the sole purpose of observing or photographing wildlife until 9:00 p.m.
(ii) If a person casts the rays of any artificial light under this paragraph the person has the burden of establishing that the person was doing so for the purpose of observing or photographing wildlife.
(iii) If a person casting artificial light under this paragraph or anyone with the person casting artificial light has a firearms or bow in their possession, the person shall be presumed to be in violation of paragraph (1) of this subsection. Natural Resources Article, Section 10-410(e).
(b)(1) A person may not upon any pretense come to hunt with a gun, on the lands owned by another person without the written permission of the landowner, his agent, or lessee. Any person hunting on this private property is liable for any damage he causes to the private property while hunting on it. The landowner shall not be liable for accidental injury or damage to the person whether or not the landowner or his agent gave permission to hunt on it.
(2) The provisions of this subsection apply only in the following counties: (i) Allegany county, (ii) Anne Arundel County; (iii) Baltimore County; (iv) Calvert County; (v) Carroll County; (vi) Cecil County; (vii) Charles County; (viii) Frederick County; (ix) Garrett County; (x) Harford County; (xi) Montgomery County; (xii) Prince George's County; (xiii) St. Mary's County; and (xiv) Washington County.
(c) In Allegany, Anne Arundel, Baltimore, Carroll, Charles, Frederick, Garrett, Wicomico, Somerset, Howard, or Worcester counties, a person may not enter or trespass upon land owned by another person for the purpose of hunting deer on the land with gun, rifle, bow and arrow, or any other means without first securing the written permission of the landowner, his agent, or lessee. Any person hunting deer on land owned by another person shall exhibit written permission upon the request of any natural resources police officer, and law enforcement officer, or the landowner, his agent, or lessee. The natural resources police officer or any law enforcement officer shall arrest any person hunting without written permission upon the request of the landowner, his agent, or lessee.
(d) In Anne Arundel, Caroline, Carroll, Cecil, Frederick, Kent, Prince George's, Queen Anne's, Talbot, and Washington counties, a person who hunts with a gun or other weapon upon the lands of another without first obtaining written permission from the owner or possessor of the land is guilty of a misdemeanor, and upon conviction of a first offense is subject to a fine not exceeding $1,000. Upon conviction of a second or subsequent offense, the person is subject to a fine not exceeding $2,000.
Natural Resources Article, Section 10-411(b),(c), and (d).
(a) If the department determines that a significant interference or disruption of a hunt or hunters is likely to occur on any land managed by the department, the department may adopt rules and regulations to prohibit the interference or disruption.
(b) While on private land that is owned by another person or in a hunting area on land managed by the department, a person may not:
(1) Interfere intentionally with the lawful taking of wildlife by another person; or
(2) Harass, drive, or disturb any game animal intentionally for the purpose of disrupting a lawful hunt.
(c) A natural resources police officer or other police officer of the State who has probable cause to believe that a person has violated this section may:
(1) order the person to desist or to leave the area; or
(2) arrest the person on refusal to desist or leave the area.
(d) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by private land users or users of land managed by the department, including farmers, miners, or persons engaged in recreation. Natural Resources Article, Section 10-422.
While engaged in hunting or pursuing any wildlife, a person may not:
(1) Carelessly or negligently: shoot, wound, or kill another person; or
(2) Intentionally or willfully destroy or damage any real property, personal property, or farm livestock of another person. Nat. Res. Art. 10-424.
It shall be unlawful for any person, firm or corporation to place, or permit the placing outside of any building or dwelling in a place accessible to children, of any abandoned and discarded ice box, refrigerator or freezer cabinet which is uncrated and has a door or a lock which cannot be released for opening from the inside thereof. Any person, firm or corporation violating any of the provisions of this section shall, upon conviction therefor, be deemed guilty of a misdemeanor and fined not more than $100 or imprisoned in jail for not more than 30 days, in the discretion of the court.
Art. 27, Sec. 334.
(a) In this section, "offer for sale" includes any inducement, solicitation, attempt, or printed or media advertisement intended to encourage a person to purchase an identification card.
(b)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a person may not sell, issue, offer for sale, or offer to issue any identification card or document which contains a blank space for a person's age or date of birth, or an incorrect age or date of birth of a person.
(ii) A manufacturer of identification cards or documents may sell or issue identification cards or documents containing a blank space for a person's age or date of birth to employers, for use as employee identification cards or documents, to hospitals for use as patient identification cards, or to governmental agencies.
(2) The State's Attorney for any county or the city of Baltimore in which a violation of this section occurs, or the Attorney General, may petition to enjoin any sale or issue, or offer for sale or offer to issue, in violation of this section by application to a court of competent jurisdiction.
(3) Any person violating the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,000 or imprisonment not exceeding 2 years, or both, for each identification card or document sold or issued, or each offer for sale or offer to issue, in violation of the provisions of this section. Art. 27, Sec. 233E.
It shall be unlawful for any person falsely to represent himself as being a member of the police force of this State, or another State, of Baltimore City or of any county or municipal corporation of the state, or to represent himself as a special policeman, or to represent himself as a sheriff, deputy sheriff or constable, with fraudulent design upon person or property, or to have, use, wear or display, without the authority of the Secretary of the Department of State Police, or the appropriate authority of the police force of another state, the commissioner of police of Baltimore City or the chief of police of any county or municipal corporation, or of a sheriff, deputy sheriff or constable, any uniform, shield, button, ornament, badge, identification, shoulder patch adopted by the Department of State Police to be worn by the members of said department, insignia or emblem of office, such as are worn by members of the respective police forces or sheriff or constable, or to have any simulation or imitation of such articles for the purpose of deception. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars($100.00) or to imprisonment for not more than six months, or to both such fine and imprisonment, in the discretion of the court. Art. 27, Sec. 440.
It is felony knowingly to have carnal knowledge of any person within the degrees of consanguinity within which marriages are prohibited by law in this State. Penalty imprisonment one to ten years in penitentiary. Art. 27, Sec. 335.
It is unlawful for anyone wilfully to make indecent exposure of his person in any public place. Every person convicted of the common law crime of indecent exposure is guilty of a misdemeanor and shall be punished by imprisonment for not more than three years or a fine of not more than $1,000, or both. Art. 27, Sec. 335A.
(a) It is unlawful for any person to deliberately smell or inhale such excessive quantities of any drugs, or any other noxious substances or chemicals containing wholly or in part any ketone, aldehydes, butyl nitrite, nitrous oxide, methyl benzene, organic acetates, ether, chlorinated hydrocarbons, fluorinated hydrocarbons, or any other substances containing solvents releasing toxic vapors, as cause conditions of intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system. This section applies with particularity to fingernail polish, model airplane glue, or any other substance or chemical which has the aforementioned effect upon the brain or nervous system when smelled or inhaled; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anaesthesia for medical or dental purposes, and further provided, that nothing in this section shall be interpreted as applying to the controlled dangerous substances as defined in this subheading.
(b) Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $500, or imprisonment not exceeding six months, or both, Art. 27, Sec. 301.
(a) No person may distribute, or possess with intent to distribute, to any other person any of the substances, enumerated in §301 of this article if such distribution is with the intent to induce unlawful inhaling of the substance or is with the knowledge that the other person will unlawfully inhale the substance.
(b) No person may instruct a another person in the practice of unlawful inhaling as defined in §301 of this article.
(c) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $500, or imprisonment not exceeding 18 months, or both.
(d) A person found guilty of a second or subsequent violation of any provision of this section is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years, or both. Art. 27, Sec. 301A.
(a)(1) When any physician, pharmacist, dentist, hospital or nurse treats an individual for an injury which was caused by or shows evidence of having been caused by an automobile accident, or an accident involving a moving vessel or by a lethal weapon, he or she, or in the case of a hospital, the individual in charge shall, as soon as practicable, notify either the sheriff of the county, the county police, Department of State police, or in the case of an accident involving a moving vessel, sheriff of the county, the county police, the Department of State police, or the natural resources police of the injury and the injured individual's name and address, if known, a description of the injury, and any other facts concerning the affair which might assist in the detection of crime.
(2) In the case of an accident involving a moving vessel, any police department notified of an accident shall promptly advise the department of natural resources.
(b) An individual who fails to make a report under subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25.
(c)(1) Except as provided under paragraph (2) of this subsection, the provisions of this section only apply in Charles, Kent, Montgomery, Talbot, Somerset, Prince George's, Wicomico, Allegany, and Anne Arundel counties.
(2) The provisions of this section requiring a report of accidents or suspected accidents involving a moving vessel to the sheriff of the county, the county police, the State police, or the natural resources police apply statewide.
(d) In this section "Moving vessel" means a vessel as defined in § 8-701 of the Natural Resources Article that:
(1) Is in the water; and
(2) Is not tied to a fixed object or anchored. Art 27, Sec. 336.
If any person be feloniously stricken or poisoned in one county, and die of the same stroke or poison in another county, within one year thereafter, the offender shall be tried in the court within whose jurisdiction such county lies where the stroke or poison was given; and in like manner an accessory to murder or felony committed shall be tried by the court within whose jurisdiction such person became accessory. Art. 27, Sec. 586.
If a person be feloniously stricken or poisoned on the waters of the Chesapeake Bay, not within the body of any county, and within one year thereafter die of the same stroke or poison within any county of this State; or if any person be feloniously stricken or poisoned in any county of this State, and within one year thereafter die of the same stroke or poison on the waters of the Chesapeake Bay, and not within the body of any county, the offender, his aiders, abettors and comforters, or any person accessory thereto, shall be tried in the court within whose jurisdiction such county lies where the death happened, or the stroke or poison was given. Art. 27, Sec. 587.
Any person who shall commit any crime, offense or misdemeanor up on the waters of the Chesapeake Bay, within the limits of the State, and without the body of any county thereof, and all aiders, abettors, comforters and accessories thereof and thereto, may be indicted and 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. Not applicable to Secs. 4-1201 through 4-1207 of the Natural Resources Article. Art. 27, Sec. 588.
Any person who may commit any indictable offense on a steamboat, railroad train, motor bus, airplane or other means of inter-city or inter-state public transportation within the State of Maryland may be presented, indicted, tried and convicted in any county or city from, to or through which the said boat, train, motor bus, airplane, or other means of inter-city or inter-state public transportation may run, and on arrest he may be taken before, and (in case of bailable offense), be held to bail by any commissioner of the District Court in any such county or Baltimore City; but such presentment, indictment and trial shall be in the same county or city in which such commissioner shall be. Art. 27, Sec. 589.
(a) Violations of vehicle laws or State Boat Act.--Except as provided in § 4 - 302 and § 3-804, the District Court has exclusive original jurisdiction in a criminal case in which a person at least 16 years old or a corporation is charged with violation of the vehicle laws, or the State Boat Act, or rules and regulations adopted pursuant to it.
(b) Other violations.--Except as provided in § 4-302, the District Court also has exclusive original jurisdiction in a criminal case in which a person at least 18 years old or a corporation is charged with: (1) Commission of a common-law or statutory misdemeanor regardless of the amount of money or value of the property involved; (2) Violation of § 342 through 344 of Article 27 of the Code, whether a felony or a misdemeanor; (3)Violation of a county, municipal, or other ordinance, if the violation is not a felony; (4) Criminal violation of a State, county, or municipality rule or regulation, if the violations is not a felony; (5) Doing or omitting to do any act made punishable by a fine, imprisonment, or other penalty as provided by the particular law, ordinance, rule or regulation defining the violation if the violation is not a felony; or (6) Violation of Article 27, § 141 of this Code, whether a felony or a misdemeanor. Courts and Judicial Proceedings Article 4-301.
Courts and Judicial Proceedings Article 4-302.
The District Court has jurisdiction over a person who is brought before a court sitting as juvenile court if:
(1) The juvenile court waives jurisdiction or the person elects to be tried according to the regular criminal procedure; and
(2) The offense charged is within the jurisdiction conferred by §4-301. Courts and Judicial Proceedings Article 4-303.
Transfer of certain juvenile causes.
(a) In any case, except as provided in subsection (b), involving a child who has reached 14 years of age but has not reached 18 years of age at the time of any alleged offense excluded under the provisions of § 3-304 (E) (1) of the Courts and Judicial Proceedings Article, the court exercising jurisdiction may transfer the case to the juvenile court if a waiver is believed to be in the interests of the child or society.
(b) The court may not transfer a case to the juvenile court under subsection (a) if:
(1) the child has previously been waived to juvenile court and adjudicated delinquent;
(2) the child was convicted in another unrelated case excluded from the jurisdiction of the juvenile court under § 3-804 (e) (1) of the Courts and Judicial Proceeding Article; or
(3) the alleged offense is murder in the first degree and the accused child is 16 or 17 at the time the alleged offense was committed.
(c) Determination as to waiver of jurisdiction.--In making a determination as to waiver of jurisdiction the court shall consider the following:
(1) Age of child;
(2) Mental and physical condition of child;
(3) The child's amenability to treatment in any institution, facility, or program available to delinquents:
(4) The nature of the alleged offense; and
(5) The public safety.
(d) Study concerning child.--For the purpose of making its determination, the court may request that a study concerning the child, his family, his environment, and other matters relevant to the disposition of the case be made.
(e) Procedures of juvenile court.--If the jurisdiction is waived, the court may order the person held for trial under the regular procedures of the juvenile court.
(f) The court may order a minor to be held in a juvenile facility pending a determination under this section to waive jurisdiction over the case involving the minor to the juvenile court. Art. 27, Sec. 594A.
(a) In this subtitle, the following words have the meanings indicated, unless the context of their use indicates otherwise:
(b) Adjudicatory hearing means a hearing to determine whether the allegations in the petition, other than allegations that the child requires the court's assistance, treatment, guidance or rehabilitation, are true.
(c) Adult means a person who is 18 years old or older.
(d) Child means a person under the age of 18 years.
(e) Child in need of assistance is a child who requires the assistance of the court because:
(1) He is mentally handicapped or is not receiving ordinary and proper care and attention, and
(2) His parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and his problems provided, however, a child shall not be deemed to be in need of assistance for the sole reason he is being furnished nonmedical remedial care and treatment recognized by State law.
(f) Child in need of supervision is a child who requires guidance, treatment, or rehabilitation and:
(1) He is required by law to attend school and is habitually truant; or
(2) He is habitually disobedient, ungovernable, and beyond the control of the person having custody of him;
(3) He deports himself so as to injure or endanger himself or others; or
(4) He has committed an offense applicable only to children.
(g) Citation means the written form issued by a police officer which serves as the initial pleading against a child for a violation and which is adequate process to give the court jurisdiction over the person cited.
(h) Commit means to transfer legal custody.
(i) Court means the circuit court of a county or Baltimore City sitting as the juvenile court. In Montgomery County, it means the District Court sitting as the juvenile court.
(j) Custodian means a person or agency to whom legal custody of a child has been given by order of the court, other than the child's parent or legal guardian.
(k) Delinquent means an act which would be a crime if committed by an adult.
(l) Delinquent child is a child who has committed a delinquent act and requires guidance, treatment, or rehabilitation.
(m) Detention means the temporary care of children who, pending court disposition, require secure custody for the protection of themselves or the community, in physically restricting facilities.
(n) Disposition hearing means a hearing to determine:
(1) Whether a child needs or requires the court's assistance, guidance, treatment or rehabilitation; and if so
(2) The nature of the assistance, guidance, treatment or rehabilitation.
(o) Intake officer means the person assigned to the court by the Department of Juvenile Justice to provide the intake services set forth in this subtitle.
(p) Mentally handicapped child means a child who is or may be mentally retarded or mentally ill.
(q) Party includes a child who is the subject of a petition, the child's parent, guardian, or custodian, the petitioner and an adult who is charged under § 3-831 of this subtitle.
(r)(1) Shelter care means the temporary care of children in physically unrestricting facilities.
(2) Shelter care does not mean care in a State mental health facility.
(s) (1) Victim means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a delinquent act.
(2) Victim includes a family member of a minor, incompetent, or homicide victim.
(3) Victim includes, if the victim is not an individual, the victim's agent or designee.
(t) Violation means a violation of § 400, § 400A, § 401 of Article 27 of the Code and § 26-103 of the Education Article for which a citation is issued.
(u) Witness means any person who is or expects to be a State's witness.
(a) The purposes of this subtitle are:
(1) To provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this subtitle; and to provide for a program a treatment, training, and rehabilitation consistent with the child's best interest and the protection of the public interests;
(2) To remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior;
(3) To conserve and strengthen the child's family ties and separate a child from his parents only when necessary for his welfare or in the interest of public safety;
(4) To hold parents of children found to be in need of assistance responsible, where possible, for remedying the circumstances that required the court's intervention;
(5) If necessary to remove a child from his home, to secure for him custody care, and discipline as nearly as possible equivalent to that which should have been given by his parents; and
(6) To provide judicial procedures for carrying out the provisions of this subtitle.
(b) This subtitle shall be liberally construed to effectuate these purposes.
(a) The court has exclusive original jurisdiction over a child alleged to be delinquent, in need of supervision, in need of assistance or who has received a citation for a violation.
(b) The court has exclusive original jurisdiction over proceedings arising under Interstate Compact on Juveniles.
(c) The court has concurrent jurisdiction over proceedings against an adult for the violation of § 3-831 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State's Attorney or the adult charged under § 3-831, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure.
(d) The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.
(e) The court does not have jurisdiction over:
(1) a child at least 14 years old alleged to have done an act which, if committed by an adult, would be a crime punishable by death or life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under Article 27, § 594A;
(2) a child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;
(3) a child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;
(4) a child at least 16 years old alleged to have committed any of the following crimes, as well as other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under Article 27, subsection 594A of the code:
(I) abduction;
(II) kidnapping;
(III) second degree murder;
(IV) manslaughter, except involuntary manslaughter;
(V) second degree rape;
(VI) robbery with a dangerous or deadly weapon;
(VII)second degree sexual offense in violation of Article 27, Subsection 464A(A)(1) of the code;
(VIII) third degree sexual offense in violation of Article 27, Subsection 464B(A)(1) of the code;
(IX) a crime in violation of Article 27, Subsection 36B, 374, 445, 446, 481C, or 481E of the code;
(X) using, wearing, carrying, or transporting of a firearm during and in relation to a drug trafficking crime in violation of Article 27, Subsection 281A of the code;
(XI) use of a firearm in violation of article 27, subsection 291A of the code;
(XII) carjacking or armed carjacking in violation of Article 27, Subsection 348A of the code;
(XIII) assault in the first degree in violation of article 27, subsection 12A-3 of the code;
(XIV) Attempted murder in the second degree in violation of article 27, subsection 411A of the code;
(XV) attempted rape or attempted sexual offenses in the second degree under article 27, subsection 464F of the code; or
(XVI) attempted robbery with a dangerous or deadly weapon under article 27, subsection 488 of the code.
(f) If the child is charged with two or more violations of the Maryland Vehicle Law, another traffic law ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all the charges.
(a) If a person is alleged to be delinquent, the age of the person at the time the alleged delinquent act was committed controls the determination of jurisdiction under this subtitle.
(b) In all other cases the age of the child at the time the petition is filed controls the determination of jurisdiction under this subtitle.
(c) In a delinquency proceeding there is no presumption of incapacity as a result of infancy for a child who is a least 7 years old.
(a) Except as provided in subsection (b) of this section the intake officer shall receive:
(1) Complaints from a person or agency having knowledge of facts which may cause a person to be subject to the jurisdiction of the court; and
(2) Citations issued by a police officer under § 3-835 of this article.
(b) The local department of social services shall only receive complaints which allege that a child is in need of assistance. Upon receipt and consideration of a complaint, the local department shall:
(1) File a petition;
(2) Authorize the person or agency making the complaint to file a petition;
(3) Deny authorization to file the petition.
(c)(1) Except as otherwise provided in the subsection, in considering the complaint, the intake officer shall make an inquiry within 15 days as to whether the court has jurisdiction and whether judicial action in the best interests of the public or child.
(2) An inquiry need not include an interview of the child who is the subject of the complaint if the complaint alleges the commission of a delinquent act that would be a felony if committed by an adult or alleges a violation of article 27, section 36B of the code.
(3) In accordance with this section, the intake officer may, after such inquiry and within 25 days of receiving the complaint:
(i) Authorize the filing of a petition;
(ii) Propose an informal adjustment of the matter; or
(iii) Refuse authorization to file a petition.
(4)(i) If a complaint is filed that alleges the commission of a delinquent act which would be a felony if committed by an adult or alleges a violation of Art. 27, Section 36B of the code, and if the intake officer denies authorization to file a petition or proposes an informal adjustment, the intake officer shall immediately:
1. Forward the complaint to the State's Attorney; and
2. Forward a copy of the entire intake case file to the State's Attorney with information as to any and all prior in take involvement with the child.
(ii) The State's Attorney shall make a preliminary review as to whether the court has jurisdiction and whether judicial action is in the best interests of the public or the child. The need for restitution may be considered as one factor in the public interest. After the preliminary review, the State's Attorney shall within 30 days of the receipt of the complaint by the State's Attorney, unless the court extends the time:
1. File a petition;
2. Refer the complaint to the Department of Juvenile Justice for information disposition; or
3. Dismiss the complaint.
(iii) This subsection may not be construed or interpreted to limit the authority of the state's attorney to seek a waiver under Sec. 3-817 of this subtitle.
(d)(1) The intake officer or the local department may authorize the filing of a petition if, based upon the complaint and the inquiry, the intake officer concludes that the court had jurisdiction over the matter and that judicial action is in the best interest of the public or the child In delinquency cases, the need for restitution may be considered by the intake officer as one factor in the public interest.
(2) An inquiry need not include an interview of the child who is the subject of the complaint if the complaint alleges the commission of a delinquent act that would be a felony if committed by an adult or alleges a violation of article 27, section 36B of the code.
(3) In delinquency cases, the need for restitution may be considered by the intake officer as one factor in the public interest.
(3) The intake officer or the local department shall inform the following persons of the authorization decision and the reasons for the decision.
(i) The child who is the subject of the complaint, if practicable
(ii) The parent, guardian, or custodian of the child who is the subject of the complaint; decision:
(iii) The victim;
(iv) The arresting police officer; and
(v) The person or agency that filed the complaint or caused it to be filed.
(e)(1) The intake officer may propose an informal adjustment of the matter if based on the complaint and the inquiry, the intake officer concludes that the court has jurisdiction but that an informal adjustment, rather than judicial action, is in the best interests of the public and the child.
(2) If the intake officer proposes an informal adjustment, the intake officer shall inform the parties of the nature of the complaint, the objectives of the adjustment process, the conditions and procedures under which it will be conducted, and the fact that it is not obligatory.
(3) The intake officer shall not proceed with an informal adjustment unless all parties to the proceeding consent to that procedure.
(f)(1) During the informal adjustment process, the child shall be subject to such supervision as the intake officer deems appropriate; however, no party is compelled to appear at any conference, produce any paper, or visit any place.
(2) The informal adjustment process shall not exceed 90 days unless that time is extended by the court.
(3) If the victim, the child, and the child's parents or guardian do not consent to an informal adjustment, or such adjustment cannot, in the judgement of the intake officer, be completed successfully, the intake officer shall authorize the filing of a petition or deny authorization to file a petition under subsection (g) of this section.
(4) If at any time before the completion of an agreed upon informal adjustment the intake officer believes that the informal adjustment cannot be completed successfully, the intake officer shall authorize the filing of a petition or deny authorization to file a petition under subsection (g) of this section.
(g) (1) If based upon the complaint and the inquiry, the intake officer concludes that the court has no jurisdiction, or that neither an informal adjustment nor judicial action is appropriate, the intake officer may deny authorization to file a petition.
(2) In that event, through use of the form prescribed by § 3-810.1 of this article, of the intake officer shall inform the following persons of the decision, the reasons for it, and their right of review provided in this section:
(i) The victim;
(ii) The arresting police officer; and
(iii) The person or agency that filed the complaint or cause it to be filed.
(h)(1) If the complaint alleges the commission of a delinquent act and the intake officer denies authorization to file a petition, the following persons may appeal the denial to the State's attorney;
(i) The victim;
(ii) The arresting police officer; and
(iii) The person or agency that filed the complaint or caused it to be filed.
(2) In order for an appeal to be made, it must be received by the State's attorney's office within 30 days after the form prescribed by § 3 - 810.1 of this article is mailed by the juvenile intake officer to the person being informed of the intake officer's decision.
(3)(I) The State's attorney shall review the denial.
(II) If the state's attorney concludes that the court has jurisdiction and that judicial action is in the best interests of the public or the child, the state's attorney may file a petition.
(III) This petition shall be filed within 30 days of the receipt of the complaint's appeal.
(i)(1) If authorization to file a petition for a complaint which alleges a child is in need of supervision is denied, the person or agency that filed the complaint or caused it to be filed, within 15 days of personal notice of the denial to that person or agency or the mailing to the last known address, may submit the denial for review by the Department of Juvenile Justice Area Director for the area in which the complaint was filed.
(2) The Department of Juvenile Justice Area Director shall review the denial.
(3) If, within 15 days, the Department of Juvenile Justice area director concludes that the court has jurisdiction and that judicial action is in the best interests of the public and the child, the Department of Juvenile Justice area director may authorize the filing of a petition in writing.
(4) The petition shall be filed within 5 days of the decision.
(j)(1) If authorization to file a petition for a complaint which alleges a child is in need of assistance is denied, the person or agency that filed the complaint or caused it to be filed, within 15 days of personal notice of the denial to that person or agency or the mailing to the last known address, may submit the denial to the Department of Juvenile Justice area director for the area in which the complaint was filed.
(2) The area director shall authorize the filing of the petition.
(3) The petition shall be filed within 5 days of the submission of the denial to the department of juvenile justice area director.
(k )(1) If the complaint alleges that a minor 16 years of age or older has committed an act in violation of any provision of the Maryland Vehicle Law or other traffic law or ordinance under the jurisdiction of the juvenile court, the complaint shall be filed directly with the State's attorney of the jurisdiction in which the alleged violation occurred.
(2) If the State's attorney elects to proceed with the case, the state's attorney may prepare a petition for filing with the court of proper jurisdiction.
(l) If the intake officer received a citation other than a citation authorized under Article 27, section 405A of the code, the intake officer may:
(1) refer the child to an alcohol education or rehabilitation program;
(2) assign the child to a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for the second or subsequent violation;
(3) require the parent or guardian of the child to with draw the parent's or guardian's consent to the child's license to drive, and advise the Motor Vehicle Administration of the withdrawal of consent; or
(3) Forward the citation to the State's Attorney.
(i) the parent or guardian of the child refuses to with draw consent to the child's license to drive;
(ii) the child fails to comply with an alcohol education or rehabilitation program referral; or
(iii) the child fails to comply with a supervised work program assignment.
(m) The court may dismiss a petition for failure to comply with this section only if the respondent has demonstrated actual prejudice.
(n) If the intake officer receives a citation authorized under Article 27, section 405A of the code, the intake officer may:
(1) Refer the child to a smoking cessation clinic, or other suitable presentation of the hazards associated with tobacco use;
(2) Assign the child to a supervised work program for more than 20 hours or the first violation and not more than 40 hours for a second or subsequent violation; or
(3) Forward the citation to the state's attorney.
(o) The intake officer shall forward the citation authorized under Article 27, section 405A of the code to the state's attorney if the child fails to comply with a smoking program referral or a supervised work program assignment described under subsection (n) of this section.
(p)(1) Within 15 days after a law enforcement officer takes a child into custody the law enforcement officer shall file a complaint with an intake officer.
(2) If a child is referred to a diversion program, the law enforcement officer may file the complaint with an intake officer more than 30 days after but no later than 120 days after the law enforcement officer took the child into custody.
(q) The court may dismiss a petition for failure to comply with this section only if the respondent has demonstrated actual prejudice.
(a) A child may be taken into custody by any of the following methods:
(1) Pursuant to an order of the court
(2) By a law enforcement officer pursuant to the law of arrest
(3) By a law enforcement officer or other person authorized by the court if he has reasonable grounds to believe that the child is in immediate danger from his surroundings and that his removal is necessary for his protection; or
(4) By a law enforcement officer or other person authorized by the court if he has reasonable ground to believe that child has run away from his parents, guardian, or legal custodian.
(b) If a law enforcement officer takes a child into custody he shall immediately notify, or cause to be notified, the child's parents, guardian, or custodian of the action. After making every reasonable effort to give notice, the law enforcement officer shall with all reasonable speed:
(1) Release the child to his parents, guardian, or custodian or to any other person designated by the court, upon their written promise to bring the child before court when requested by the court, and such security for the child's appearance as the court may reasonably require, unless his placement in detention or shelter care is permitted and appears required by § 3-815, or
(2) Deliver the child to the court or a place of detention or shelter care designated by the court.
(c) If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may issue a writ of attachment directing that the child be taken into custody and brought before the court. The court may proceed against the parent, guardian, or custodian for contempt.
(a) Only the court or an intake officer may authorize detention or shelter care for a child who may be in need of supervision or delinquent. The local department, pursuant to regulations promulgated by the Department of Human Resources, may authorize shelter care for a child who may be in need of assistance.
(b) If a child is taken into custody, he may be placed in detention or shelter care prior to a hearing if:
(1) Such action is required to protect the child or person and property of others;
(2) The child is likely to leave the jurisdiction of the court; or
(3) There are no parents, guardian, or custodian or other person able to provide supervision and care for the child and return him to the court when required,
(c) A child taken into custody may be placed in emergency shelter care prior to a hearing if:
(1) One or more of the circumstances stated in subsection (b) of this section exist; and
(2)(i) 1. Continuation of the child in the child's home is contrary to the welfare of the child; and
2. Removal of the child from the child's home is reasonable under the circumstances due to an alleged emergency situation and in order to provide for the safety of the child; or
(ii) 1. Reasonable, but unsuccessful, efforts have been made to prevent or eliminate the need for removal from the child's home; and
2. As appropriate, reasonable efforts are being made to return the child to the child's home.
(d)(1) If the child is not released, the intake officer or the official who authorized detention or shelter care shall immediately file a petition to authorize continued detention or shelter care.
(2) A hearing on the petition shall be held not later than the next court day, unless extended by the court upon good cause shown.
(3) Reasonable notice, oral or written, stating the time, place, and purpose of the hearing, shall be given to the child and, if they can be found, the child's parents, guardian, or custodian.
(4) Shelter care may not be ordered for a period of more than 30 days unless an adjudicatory or waiver hearing is held.
(5)(i) An adjudicatory or waiver hearing shall be held no later than 23 days after the date a petition for detention is granted.
(ii) If a child is detained after an adjudicatory hearing, a disposition hearing shall be held no later than 14 days after the adjudicatory hearing.
(iii) Detention time may be extended in increments of not more than 14 days where the petition charges the child with a delinquent act and where the court finds, after a subsequent hearing, that extended detention is necessary either:
1. for the protection of the child; or
2. for the protection of the community.
(f) Shelter care may not be continued beyond emergency shelter care if the court has found that:
(1) Continuation of the child in the child's home is contrary to the welfare of the child; and
(2)(i) Removal of the child from the child's home is necessary due to an alleged emergency situation and in order to provide for the safety of the child; or
(ii) Reasonable, but unsuccessful, efforts were made to prevent or eliminate the need for removal of the child from the home.
(3)(i) If the court continues shelter care on the basis of an alleged emergency, the court shall assess whether the absence of efforts to prevent removal was reasonable.
(ii) If the court finds that the absence of efforts to prevent removal was not reasonable, the court shall make a written determination so stating.
(4) The court shall make a determination as to whether reasonable efforts are being made to make it possible to return the child to the child's home or whether the absence of such efforts is reasonable.
(g) A child alleged to be delinquent may not be detained in a jail or other facility for the detention of adults.
(h) (1) (i) A child alleged to be in need of supervision or in need of assistance may not be placed in detention and may not be placed in a State mental health facility.
(ii) If the child is alleged to be in need of assistance by reason of mental handicap, the child may be placed in shelter care facilities maintained or licensed by the Department of Health and Mental Hygiene or if these facilities are not available, then in a private home or shelter care facility approved by the court.
(iii) If the child is alleged to be in need of assistance for any other reason, or in need of supervision, he may be placed in shelter care facilities maintained or approved by the Social Services Administration, or the Department of Juvenile Justice, or in a private home or shelter care facility approved by the court.
(2) A child alleged to be in need of supervision or in need of assistance may not be placed in a shelter care facility that is not operating in compliance with applicable state licensing laws.
(3) The Secretary of Human Resources and the Secretary of the Department of Juvenile Justice together, when appropriate, with the secretary of health and mental hygiene shall jointly adopt regulations to ensure that any child placed in shelter care pursuant to a petition filed under subsection (c) of this section be provided appropriate services, including:
(i) Health care services;
(ii) Counseling services;
(iii) Education services;
(iv) Social work services; and
(v) Drug and alcohol abuse assessment or treatment services.
(4) In addition to any other provision, the regulations shall require:
(i) The local department of social services or the Department of Juvenile Justice to develop a plan within 45 days of placement of a child in a shelter care facility to assess the child's treatment needs; and
(ii) The plan to be submitted to all parties to the petition and their counsel.
(f) The intake officer shall immediately give written notice of the authorization for detention or shelter care to the child's parent, guardian, or custodian, and to the court. The notice shall be accompanied by a statement of the reasons for taking the child into custody and placing him in detention or shelter care. This notice may be combined with the notice required under subsection(c).
(a) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court or the intake officer immediately when a person, who is or appears to be under the age of 18 years, is received at the facility and shall deliver him to the court upon request or transfer him to the facility designated by the intake officer or the court, unless the court has waived its jurisdiction with respect to the person and he is being proceeded against as an adult.
(b) When a case is transferred to another court or criminal prosecution, the child shall promptly be transferred to the appropriate officer of the adult detention facility in accordance with the law governing the detention of persons charged with crime.
(c) A child may not be transported together with adults who have been charged with or convicted of a crime unless the court has waived its jurisdiction and the child is being proceeded against as an adult.
The court may order emergency medical, dental, or surgical treatment of a child alleged to be suffering from a condition or illness which, in the opinion of a licensed physician or dentist, as the case may be, requires immediate treatment, if the child's parent, guardian, or custodian is not available or, without good cause, refuses to consent to the treatment.
(a) A child may not be detained at, or committed or transferred to a penal institution or other facility used primarily for the confinement of adults charged with or convicted of a crime, except pursuant to §3 - 816(b).
(b) A child who is not delinquent may not be committed or transferred to a facility used for the confinement of delinquent children.
(c) Unless an individualized treatment plan developed under 706 of the Health-General Article indicates otherwise:
(1) A child may not be committed or transferred to any public or private facility or institution unless the child is placed in accommodations that are separate from other persons 18 years of age or older who are confined to that facility or institution; and
(2) The child may not be treated in any group with persons who are 18 years of age or older.
(a) A police record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court under good cause shown. This subsection does not prohibit access to and confidential use of the record by the Department of Juvenile Justice or in the investigation and prosecution of the child by any law enforcement agency.
(b) (1) A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown.
(2) This subsection does not prohibit access to and the use of the court record in a proceeding in the court involving the child, by personnel of the court, the State's Attorney, counsel for the child, or authorized personnel of the Department of Juvenile justice, or in a proceeding involving a child alleged to be in need of assistance, by authorized personnel of the social services administration and local departments of social services of the Department of Human resources in order to conduct a child abuse or neglect investigation or to comply with requirements imposed under title IV--E of the Social Security Act.
(3) Information obtained from a juvenile court record by authorized personnel of the Department of Human Resources under paragraph (2) of this subsection is subject to the provisions of Article 88A, Sec. 6 of the code.
(c) The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed, and, upon petition or on its own motion, shall order them sealed after the child has reach 21 years of age. If sealed, the court records of a child may not be opened, for any purpose, except by order of the court upon good cause shown.
(d) This section does not prohibit access to or use of any juvenile record by the Maryland Division of Parole and Probation or the Maryland Parole Commission when the Division or the Commission is carrying out of their statutory duties either at the direction of a court of competent jurisdiction, or when the Maryland Parole Commission is carrying out any of its statutory duties, if the record concerns a charge or adjudication of delinquency.
(e) This section does not prohibit access to and use of any juvenile record by the Maryland Division of Correction when the Division is carrying our any of its statutory duties if:
(1) The individual to whom the record pertains is committed to the custody of the Division; and
(2) The record concerns an adjudication of delinquency.
(a)(1) The court may enter a judgment of restitution against the parent of a child, the child, or both in any case in which the court finds a child has committed a delinquent act and during or as a result of the commission of that delinquent act has:
(i) Stolen, damaged, destroyed, converted, unlawfully obtained, or substantially decreased the value of the property of another; or
(ii) Inflicted personal injury on another, requiring the injured person to incur medical, dental, hospital, funeral, or burial expenses.
(iii) Caused the victim of the delinquent act to incur reasonable counseling expenses from a licensed health care provider, if the delinquent act involved:
(1) personal injury;
(2) child abuse under article 27, section 35A of the code;
(3) abuse or neglect of vulnerable persons under Article 27, section 35B of the code;
(4) incest, rape, or sexual offense in any degree;
(5) sodomy under Article 27, section 553 of the code; or
(6) unnatural or perverted sexual practices under Article 27, section 554 of the code.
(2) The court may order the parent of a child, a child, or both to make restitution to:
(i) The victim;
(ii) any government entity; or
(iii) A third party payor, including an insurer, that has made payment to the victim to compensate the victim for a property loss under paragraph (1) (i) of the subsection or pecuniary loss under paragraph (1) of this subsection.
(3) (i) Restitution payments to the victim have propriety over restitution payments to a third party payor.
(ii) If the victim has been compensated for the victim's loss by a third party payor, the court may order restitution payments to the third party payor in the amount that the third party payor compensated the victim.
(4) Payment of restitution to a victim under this section has priority over payment of restitution to any governmental entity.
(b) Considering the age and circumstances of a child, the court may order the child to make restitution to the wronged person personally.
(c)(1) a judgement rendered under this section may not exceed:
(i) As to property stolen, destroyed, converted, or unlawfully obtained, the lesser of the fair market value of the property or $10,000;
(ii) As to property damaged, or substantially decreased in value, the lesser of the amount of damage or the decrease in value of the property not to exceed the fair market value of the property or $10,000; and
(iii) As to personal injury inflicted, the lesser of actual medical, dental, hospital, funeral, and burial expenses incurred by the injured person as a result of the injury or $10,000.
(2) As an absolute limit against any one child, his parents, or both, a judgment rendered under this section may not exceed $5,000 for all acts arising our of a single incident.
(d) A restitution hearing to determine the liability of a parent, a child, or both, shall be held not later than 30 days after the disposition hearing and may be extended by the court for good cause.
(e) a judgment of restitution against a parent may not be entered unless the parent has been afforded a reasonable opportunity to be heard and to present appropriate evidence in his behalf. A hearing under this section may be held as part of an adjudicatory or disposition hearing for the child.
(f) the judgement may be enforced in the same manner as enforcing monetary judgments.
(g) The Juvenile Services Agency is responsible for the collection of restitution payments when the restitution order provides that restitution to be made in periodic or installment payments, as part of probation, or pursuant to a work plan.
After giving the parent a reasonable opportunity to be heard, the court may order either parent or both parents to pay a sum in the amount the court directs to cover the support of the child in whole or in part.
(a) It is unlawful for an adult wilfully to contribute to, encourage, cause or tend to cause any act, commission or condition which results in a violation, renders a child delinquent, in need of supervision, or in need of assistance.
(b) a person may be convicted under this section even if the child has not been found to have committed a violation, adjudicated delinquent, in need of supervision, or in need of assistance. However, the court may expunge a delinquent adjudication from the child's record and enter it as a finding in the adult's case.
(c) An adult convicted under this section is subject to a fine of not more than $500 or imprisonment for not more than two years, or both. The court may suspend sentence and place the adult on probation subject to the terms and conditions it deems to be in the best interests of the child and the public.
(a) A victim of a delinquent act or a witness should:
(1) Be informed by the appropriate Juvenile Justice Agency of these guidelines;
(2) Be treated with dignity, respect, courtesy, and sensitivity;
(3) Be notified in advance of dates and times of Juvenile Court proceedings to which they have been summoned will not proceed as scheduled;
(4) During any phase of the investigative proceedings or court proceedings, be provided, to the extent practicable, a waiting area that is separate from a child alleged to be delinquent and the family and friends of a child alleged to be delinquent;
(5) Be informed by the appropriate Juvenile Justice agency of financial assistance, criminal injuries compensation, and any other social services available as a result of being a victim and receive assistance or information on how to apply for services;
(6) On written request, be kept reasonably informed by the Police or the State's Attorney of the apprehension of a child alleged to be delinquent, closing of the case, and an office to contact for information about the case;
(7) Be advised of the right to have stolen or other property promptly returned and, on written request, have the property promptly returned by Law Enforcement Agencies when means can be employed to otherwise satisfy evidentiary requirements for prosecution unless there is a compelling law enforcement reason for retaining it; and
(8) Be informed, in appropriate cases, by the State's Attorney of the right to request restitution and, on request, be provided assistance in the preparation of the request and advice as to the collection of the payment of any restitution awarded.
(b) The Department of Juvenile Services shall be responsible for making the guidelines available to the agencies involved.
(c) Nothing in this section may be construed as creating a cause of action against any public official, employee, public agency, State or Local government, or any agency responsible for the guidelines set forth in this section.
(a) Findings.--The General Assembly finds that:
(1) Juveniles who are not under proper supervision and control or who abscond, escape, or run away are likely to endanger the health, morals, and welfare of themselves and others; and
(2) Cooperation of this State with other states is necessary to provide for the welfare and protection of juveniles and of the people of this State.
(b) Policy.--It is the policy of this State, in adopting the Interstate Compact on Juveniles, to cooperate fully with others states in accordance with the Compact:
(1) To return juveniles to others states is their return is sought; and
(2) To initiate proceedings for the return of a juvenile and accept the return of a juvenile, if a juvenile residing in this State is found or apprehended in another state.
(c) Inapplicability of definition of "person". The definitions of the word "person" in § 1-101 of this article and Article 15 of the Code do not apply to this subtitle. Health Article-General 6-301.
On behalf of this State, the Governor shall execute with any other state or states legally joining in it:
(1) An interstate compact on juveniles substantially as it appears in § 6-303 of this subtitle;
(2) An additional article on the compact substantially as it appears in § 6 - 304 of this subtitle; and
(3) Amendments to the compact substantially as they appear in § 6-305 of this subtitle. Health Article-General 6-302
The contracting states solemnly agree:
That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to:
(1) cooperative supervision of delinquent juveniles on probation or parole;
(2) the return, from one state to another, of delinquent juveniles who have escaped or absconded;
(3) the return, from one state to another, of non-delinquent juveniles who have run away from home; and
(4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of the compact shall be reasonably and liberally construed to accomplish the foregoing purposes.
That all remedies and procedures provided by the compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.
That, for the purposes of this compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, it still subject to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; "probation or parole" means any kind of conditional release of juveniles authorized under the laws of the state party hereto; "court" means any court having jurisdiction over delinquent, neglected or dependent children; "state" means any state, territory or possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.
(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court demanding state for the issuance of a requisition of his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of his entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copes of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and the age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceedings. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forth with before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state weeks the return of a juvenile who has run away, there is pending in the state where in he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is returned under the Article shall be responsible for payment of the transportation costs of such return.
(c) That "juvenile" as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitles to the legal custody of such minor.
(a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located, a written requisition for the return of such delinquent juvenile the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation of parole or his escape from an institution or agency vested with his legal custody or supervision and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall he accompanied by two certified copies of the judgement, formal adjudication, or order of commitment which subject such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court of the executive authority to whom the requisition is addressed shall issue an order to any peach officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge or an appropriate court in the state who shall inform him of the demand made for his return and who may appoint counsel or guardian adlitem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding 90 days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state weeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed within such a state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state,
(b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for the payment of the transportation costs of such return.
That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested within his legal custody or supervision in any state party to his compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this contract under provisions of Article IV (a) or Article V (a), may consent to him immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a just of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel, or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the present of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officers or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order, in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile to delinquent juvenile is order to return.
(a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called "Receiving state") while on probation or parole, and that receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state, Before granting such permission, opportunity shall be given to the receiving state to make investigations as it deems necessary. The authorities if the sending state shall send to the authorities if the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion. May agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident if the receiving state, and if so accepted the sending state may transfer supervision accordingly.
(b) That each receiving state will assume the duties of visitation and of supervision over such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.
(c) That after consultation between appropriate authorities if the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake such delinquent juvenile on probation or parole. For that purpose, no formalities will be required other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed within such state a criminal offense or any act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.
(d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.
(a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers and in the government of a party state, or between a party state and is subdivisions, as to the payment of costs, or responsibilities therefor.
(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.
That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located with any state entering into such supplementary agreement. Such supplementary agreements shall:
(1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished;
(2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody;
(3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile;
(4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state;
(5) provide for reasonable inspection of such institutions by the sending states;
(6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to this being sent to another state; and
(7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.
That any party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize, the same subject to the terms, conditions and regulations governing such donations, gifts and grants.
That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry our more effectively the terms and provisions of this compact.
That this compact shall become operative immediately upon its execution by any state as between it and any other state or states to executing. When executed it shall have the full force and effect of law within such state, the form or execution to be in accordance with the laws of the executing time.
That his compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months notice in writing to its intention to withdraw from the compact to the other states party hereto. The duties and obligations of renouncing state under Article VII hereof shall continue as to parolees and probationers residing at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into Article X shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of this present Article.
That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating State or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid. The validity of the remainder of this compact and the applicability thereof to any government agency, person or circumstances shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
That this article shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
For the purposes of this article, "Child", as used herein, means any minor within the jurisdiction age limits of any court in the home state, and in this State means any person under eighteen years of age.
When any child is brought before a court of a state of which such child is not a resident, and such state is willing to permit such child's return to the home state of such child, such home state, upon being so advised by the state in which such proceeding is pending, shall immediately institute proceedings to determine the residence and jurisdiction of the court thereof, shall within five days authorize the return of such child to the home state, and to the parents or custodial agency legally authorized to accept such custody in such home state, and at the expense of such home state, to be paid from such funds as such home state may procure, designate, or provide, prompt action being of the essence.
(a) Amendments to the Interstate Compact of Juveniles, Concerning Interstate Rendition of Juveniles Alleged to be Delinquent:
(i) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
(ii) All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being delinquent by reason of a violation of any criminal law. Any juvenile charged with being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the compact shall be forwarded by the judge of the court in which the petition was filed.
(b) Amendment to the Interstate Compact on Juveniles, Concerning Out-of-State Confinement of Juveniles:
(1) Whenever the duly constituted judicial or administrative authorities in a sending state shall determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, said officials may direct that the confinement or reconfinement be in an appropriate institution for delinquent juveniles within the territory of the receiving state, such receiving state to act in that regard solely as agent for the sending state.
(2) Escapees and absconders who would otherwise be returned pursuant to Article V of the compact may be confined to reconfined in the receiving state pursuant to this amendment. In any such case the information and allegations required to be made and furnished in a requisition pursuant to such article shall be made and furnished, but in place of the demand pursuant to Article V, the sending state shall request confinement or reconfinement in the receiving state. Whenever applicable, detention orders as provided in Article V may be employed pursuant to this paragraph preliminary to disposition of the escapee or absconder.
(3) The confinement or reconfinement of a parolee, probationer, escapee, or absconder pursuant to this amendment shall require the concurrence of the appropriate judicial or administrative authorities of the receiving state.
(4 ) As used in the amendment (1) "sending state" means sending states as that term is used in Article VII of the compact or the state from which a delinquent juvenile has escaped or absconded within the meaning of Article V of the compact; (2) "receiving state" means any state, other than the sending state, in which a parolee, probationer, escapee, or absconder may be found, provided that said state is party to this amendment.
(5) Every state which adopts this amendment shall designate at least on of its institutions for delinquent juveniles as a "Compact institution" and shall confine persons therein as provided in paragraph (1) hereof unless the sending and receiving state in question shall make specific contractual arrangements to the contrary. All states party to this amendment shall have access to "compact institutions" at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's delinquents as may be confined in the institution.
(6) Persons confined in "compact institutions" pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said "compact institution" for transfer to an appropriate institution within the sending state, for return to probation or parole, for discharge, or for any purpose permitted by the laws of the sending state.
(7) All persons who may be confined in a "compact situation" pursuant to the provisions of this amendment shall be treated in a reasonable and humane manner. The fact of confinement or reconfinement in a receiving state shall not deprive any person so confined or reconfined of any rights which said person would have had if confined or reconfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this amendment be construed as a waiver of any rights which the delinquent would have had if he had been confined or reconfined in any appropriate institution of the sending state except that the hearing or hearings, if any, to which a parolee, probationer, escapee, or absconder may be entitled (prior to confinement or reconfinement) by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial or administrative officers shall act as agents of the sending state after consultation with appropriate officers of the sending state.
(8) Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of such costs or other expenses by the sending state unless the states concerned shall specifically otherwise agree. Any two or more states party to this amendment may enter into supplementary agreements determining a different allocation of costs among themselves.
(9) This amendment shall take initial effect when entered into by any two or more states party to the compact and shall be effective as to those states which specifically enacted the amendment. Rules and regulations necessary to effectuate the terms of this amendment may be promulgated by the appropriate officers of those states which have enacted this amendment. Health Article-General 6 - 305.
Each court, agency, and officers of this State and its subdivision shall:
(1) Enforce the Interstate Compact on Juveniles; and
(2) Within its respective jurisdiction, do everything appropriate to carry out its purposes and intent. Health Article-General 6-309.
In addition to any procedure provided in Article IV and VI of the Interstate Compact on Juveniles for the return of a runaway juvenile, the particular state, the juvenile or the juvenile's parents, the courts, or other legal custodian involved may agree to and adopt any other plan or procedure legally authorized under the laws of this State and the laws of the other respective party states for the return of a runaway juvenile. Health Article-General 6-310.
Part I. Minors.
Notwithstanding any other provision of law, a minor who is at least 17 years old, without the consent of a parent, may give blood to a program that:
(1) Is voluntary;
(2) Does not pay money for the blood; and
(3) Is approved by:
(i) The American Association of Blood Banks; or
(ii) The American Red Cross Health Article-General 20-101.
(a) Minor who is Married or Parent.--A minor has the same capacity as an adult to consent to medical treatment if the minor:
(1) Is married; or
(2) Is the parent of a child.
(b) Emergency Treatment.--A minor has the same capacity as an adult to consent to medical treatment if, in the judgment of the attending physician, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual.
(c) Specific Treatment.--A minor has the same capacity as an adult to consent to:
(1) Treatment for or advice about drug abuse;
(2) Treatment for or advice about alcoholism;
(3) Treatment for or advice about venereal disease;
(4) Treatment for or advice about pregnancy;
(5) Treatment for or advice about contraception other than sterilization;
(6) Physical examination and treatment of injuries from an alleged rape or sexual offense; and
(7) Physical examination to obtain evidence of an alleged rape or sexual offense.
(d) Liabilities.--A physician or an individual under the direction of a physician who treats a minor is not liable for civil damages or subject to any criminal or disciplinary penalty solely because the minor did not have capacity to consent under this section.
(e) Disclosure.--Without the consent of or over the express objection of a minor, the attending physician or, on advice or direction of the attending physician, a member of the medical staff of a hospital or public clinic may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section, except information about an abortion. Health Article-General 20 - 102.
(a) Notice Required.--Except as provided in subsections (b) and
(c) of this section, a physician may not perform an abortion on an unmarried minor unless the physician first gives notice to a parent or guardian of the minor.
(b) Incomplete Notice.--The physician may perform the abortion without notice to parent or guardian if:
(1) The minor does not live with a parent or guardian; and
(2) A reasonable effort to give notice to a parent or guardian is unsuccessful.
(c) Waiver of Notice Authorized.--(1) The physician may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgement of the physician, notice to the parent or guardian may lead to physical or emotional abuse of the minor.
(2) The physician is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.
(d) Evidence of Notice.--The postal receipt that shows an article of mail was sent be registered mail to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be. Health Article-General 20.103.
(a) Capacity to Consent.--A minor who is 16 years old or older has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician or clinic.
(b) Disclosure.--Without the consent of or over the express objection of a minor, the attending physician, a member of the medical staff of a hospital or public clinic may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section
(c) Liabilities.--Unless the parent, guardian, or custodian of a minor consents to consultation, diagnosis, or treatment of the minor, the parent, guardian, or custodian is not liable for any costs of the consultation, diagnosis, or treatment of the minor under this section. Health Article-General 20.104.
Limitations on admissions--Geriatric evaluations.
SEE: Health Article-General 10-603.
Same--Private group homes.
See: Health Article 10-604.
Report on Admission.
See: Health Article 10-605.
See Health Article-General 10-609.
(a) Applicant.--On behalf of a minor, a parent or guardian of the person of the minor may apply, under this section, for admission of the minor to:
(1) Any facility that is not a State facility; or
(2) The following State facilities:
(i) A regional institute for children and adolescents; and
(ii) The child or adolescent unit of a State facility.
(b) Application.--The applicant shall submit a formal, written application that contains the personal information and is on the form required by the Administration.
(c) Admission limitations.--A facility may not admit an individual under this section unless:
(1) The individual has a mental disorder.
(2) The mental disorder is susceptible to care or treatment;
(3) The applicant understands the nature of a request for admission; and
(4) Assent to the admission has been given:
(i) By the admitting physician of the facility; or
(ii) For a child or adolescent unit of a State facility, by a physician and psychologist or by 2 physicians.
(d) Retention limited.--An admission under this section to a child or adolescent unit of a State facility may not exceed 20 days. Health Article-General 10-610.
(a) Applicant.--On behalf of a minor, a parent or guardian of the person of the minor may apply, under this section, for admission of the minor to:
(1) Any facility that is not a State facility; or
(2) The following State facilities:
(i) A regional institute for children and adolescents; and
(ii) The child or adolescent unit of a State facility.
(b) Application.--The applicant shall submit a formal, written application that contains the personal information and is on the form required by the Administration.
(c) Admission limitations.--A facility may not admit an individual under this section unless:
(1) The individual has a mental disorder.
(2) The mental disorder is susceptible to care or treatment;
(3) The applicant understands the nature of a request for admission; and
(4) Assent to the admission has been given:
(i) By the admitting physician of the facility; or
(ii) For a child or adolescent unit of a State facility, by a physician and psychologist or by 2 physicians.
(d) Retention limited.--An admission under this section to a child or adolescent unit of a State facility may not exceed 20 days. Health Article-General 10-610.
See: Health Articles-General 10-613 to 10-617.
(a) A law enforcement officer acting outside the officer's jurisdiction but in the State, is not civilly liable, except to the extent that he would be if acting in his own jurisdiction, for any act or omission in preventing or at tempting to prevent a crime, or in effectuating an arrest, in order to protect life or property if: (i) the action is not grossly negligent; and (ii) the action is taken at the scene of the crime or attempted crime.
(b) A law enforcement officer sued for acting under subsection (A) of this section shall be defended in any civil action by the law enforcement officer's employer as if the incident had occurred in the officer's jurisdiction.
(c) A law enforcement officer who is injured in taking action under subsection (A) of this section is entitled to Workmen's Compensation, disability, death benefits, life insurance and all other benefits to the same extent as if the injury had been sustained in the officer's jurisdiction. Courts and Judicial Proceedings Article Sec. 5 - 309.2.
It is unlawful for any person to take and break open any letter not being unto him directed, or not having permission so to do from the person to whom directed, his executors or administrators. Penalty, six day's imprisonment and fine of $15. Art. 27, Sec. 354.
Libel consists of the malicious publication by means of writing, printing, signs, pictures, or any like mode of representation, of defamatory, or obscene matter. Penalty, fine or imprisonment, or both. Hochheimer. Sec. 96.
For general provisions as to requirements for the methods of issuing licenses, see Art. 56, Secs. 1-12.
This digest does not attempt to list every business or calling for which a license is required. For the complete list, reference should be made to Article 56. The following is a selection of a few of the many businesses and professions which require State licenses and most of which do not appear under Art. 56.
All persons, firms and corporations selling goods without such license as may be required by law, upon conviction, shall be subject to fine of not more than $100 or imprisonment for not more than thirty days, and the foregoing penalties shall not affect the penalty which may be prescribed by law for violation of special provisions of the license law. Art. 56, Sec. 10.
It is not necessary for nonresident traveling salesmen or sample merchants, or the representatives of foreign mercantile or manufacturing firms or corporations, as such, to take out a license in order to make sales to licensed merchants in this State. Art. 56, Sec. 60.
Business Occupations Art.13-301.
Business Occupations Art. 13-302.
(a) "Organized Policy Agency" defined. In this section, "Organized Policy Agency" means:
(1) a police department of the state or of a county or municipal corporation of the state;
(2) a private police department that is allowed to enroll its officers in approved Police Training Commission schools and academies; or
(3) a law enforcement agency of the United States, of any state, or of any county or municipal corporation of any state.
(b) In general. An individual applicant or, if the applicant is a firm, the representative member shall have:
(1) at least 5 years of experience as a full-time certified or licensed Private Detective;
(2) at least:
(i) 5 years of experience as a full-time police officer with an organized police agency; and
(ii) completed successfully the police officer training course of the Police Training Commission;
(3) at least 3 years of experience in an investigative capacity as a detective while serving as a police officer with an organized police agency;
(4) at least:
(i) 3 years of experience in an investigative capacity in any unit or agency of the United States, of the State, or a county or municipality of the State for the purpose of law enforcement; and
(ii) completed successfully the police officer training required by the Maryland Police Training Commission; or
(5) at least:
(i) 5 years of experience employed as a full-time fire investigator for a fire department or law enforcement agency of the State or of a county or a municipal corporation of the State; and
(ii) successfully completed the training certified by the Maryland Police Training Commission and the Maryland State Fire Rescue Commission.
Business Occupations Art. 13-303.
See: Business Occupations Art. 13-304.
See: Business Occupations Art. 13-305.
See: Business Occupations Art. 13-306.
Business Occupations Art. 13-307.
See Business Occupations Art. 13-308.
Business Occupations Art. 13-401.
Business Occupations Art. 13-402.
Business Occupations Art. 13-403.
See: Business Occupations Art. 13-404.
Business Occupations Art. 13-405.
See: Business Occupations Art. 13-406.
See: Business Occupations Art. 13-407.
A certified Private Detective may wear or carry a badge only if:
(1) the Secretary authorizes the wearing or carrying of the badge;
(2) the design of the badge is approved by the Secretary; and
(3) the badge is issued by the Private Detective Agency through which the Private Detective is certified. Business Occupations Art. 13-408.
A person shall be licensed as a Security Guard before the person may conduct business that provides Security Guard services in the state.
Business Occupations Art.19-301.
(a) At any time that a certified Security Guard provides a security guard service, the Security Guard shall carry the certification card issued under §19-405 of this subtitle.
(b) On request of a law enforcement officer, a certified Security Guard shall show the security guard's certification card. Business Occupations Art. 19-406.
Whenever a Security Guard is in uniform, the Security Guard shall wear a badge that is:
(1) of a design approved by the Secretary; and
(2) issued by the licensed Security Agency that employs the Security Guard. Business Occupations Art. 19-407.
(a) Unless authorized under this subtitle to engage in business for the purpose of providing security guard services, a person may not represent to the public by use of the title, including "Licensed security guard Agency", "security guard Agency", or security guard, by description of services, methods, or procedures, or otherwise that the person is authorized to engage in business to provide security guard services in the State.
(b) Unless an individual is certified as a security guard under this subtitle, the individual may not represent to the public by use of the title, including "Certified security guard", or by use of a badge or identification card, that the individual is a certified security guard. Business Occupations Art. 19-602.
Business Occupations Art. 19-603.
It shall be unlawful for any person to manufacture, blend, rectify, bottle, transport, import or sell, or suffer to be manufactured, blended, rectified, bottled, transported, imported or sold, or kept or suffer to be kept on his premises, in his possession or under his charge or control, for the purpose of sale and delivery within this State, any alcoholic beverage except as provided for in this article. It shall also be unlawful for any person to possess any alcoholic beverages upon which the taxes provided by the tax provisions of this article have not been paid, unless otherwise provided in this article. It shall further be unlawful for any person to buy, bargain, sell, lend, possess or knowingly transport any apparatus designed for the unlawful manufacture of alcoholic beverages. Such apparatus shall be determined contraband and may be forfeited as provided for in this Article. Art. 2B, Sec. 3.
For the provisions relating to the securing and displaying of liquor, licenses, see Art. 2B, generally and pamphlet copies of the alcoholic beverages laws.
It is unlawful to sell or furnish methyl or denatured alcohol, or any preparation containing the same for beverage purposes, or under circumstances from which it might reasonably be deduced that they were being procured for beverage purposes. Penalty, fine of not over $500, or imprisonment for not more than two years, or both. Art. 27, Sec. 314.
Art. 43, Sec. 181.
It is unlawful for the keeper of any hotel, tavern, store or other place where liquors are sold, or for any person directly or indirectly to sell, barter, give or dispose of any alcoholic beverages of any kind within any election district or precinct on the day of any election to be held in such district or precinct, during the hours when the polls are open and one hour thereafter. Penalty, fine $50 to $100 for each offense.
Art. 2B, Sec. 88.
Any person who knowingly presents for payment or transfers to another person to be presented for payment a counterfeit or altered Maryland State Lottery Ticket or share is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two thousand five hundred dollars ($2,500.00) or imprisoned for not more than three years. Art. 88D, Sec. 14A.
Definitions. "Machine Gun" as used in this subtitle, means a weapon, of any description, by whatever name known, loaded or unloaded, from which more than one shot or bullet may be automatically discharged from a magazine, by a single function of the firing device. "Crime of Violence" applies to and includes any of the following crimes or an attempt to commit any of the same, namely, murder of any degree, manslaughter, kidnapping, rape in any degree, assault in the first degree, robbery, burglary in any degree, and theft. "Person" applies to and includes firm, partnership association or corporation. Art. 27, Sec. 372.
Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a felony punishable by imprisonment in the State penitentiary for a term of not more than twenty years. Art. 27, Sec. 373.
Possession or use of a machine gun for offensive or aggressive purpose is hereby declared to be a crime punishable by imprisonment in the State penitentiary for term of not more than ten years. Art. 27, Sec. 374.
The presence of a machine gun in any room, boat, or vehicle shall be evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the weapon is found. Art. 27, Sec. 376.
Every manufacturer shall keep a register of all machine guns manufactured or handled by him. The register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom it was received; and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given or delivered, or from whom received. Upon demand every manufacturer shall permit any marshal, sheriff or police officer to inspect his entire stock of machine guns, parts, and supplies therefore, and shall produce the register, herein required, for inspection. A violation of any provision of this section shall be punishable by a fine of not more than $100.Art. 27, Sec. 378.
Except in the calendar year it was purchased, every machine gun in this State shall be registered with the Superintendent of the Maryland State Police annually during the month of May. Also, every machine gun shall be registered within 24 hours after its acquisition. Blanks for registration shall be prepared by the Superintendent of the State Police and furnished upon application. To comply with this section the application as filed must show the make, model, serial number, caliber, type, barrel length, finish, country of origin of the gun, and the name, address, race, sex, date of birth, Maryland driver's license number, and occupation of the person in possession of the gun, from whom and the purpose for which the gun was acquired. The registration data shall not be subject to inspection by the public. Any person failing to register any gun as required by this section shall be presumed to possess the same for offensive or aggressive purpose.
Warrant to search any house or place and seize any machine gun possessed in violation of this subtitle, may issue in the same manner and under the same restrictions as provided by law for stolen property, and any court of record, upon application of the State's Attorney, shall have jurisdiction and power to order any machine gun, thus or otherwise legally seized, to be confiscated and either destroyed or delivered to a peace officer of the State or a political subdivision thereof. Art. 27, Sec. 380.
It shall be unlawful for any person to remove, deface or obliterate any manufacturer's serial number punched or affixed by plate to any manufactured article or product where the intent or purpose is to prevent the tracing or identification of said article or product. It is also unlawful for any person to offer for sale or possess any such article or product. Penalty up to $300 or up to 1 year imprisonment, or both. Art. 27, Sec. 389.
The Governor shall have the power in times of public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, breach of peace or upon reasonable apprehension of the imminence thereof, or to enforce the laws of this State, or to carry on any of the functions of the militia of this State, or any part thereof, or whenever, by the law of the land, martial law may be declared, to order into the active service of the State all or any part of the militia as he may deem proper or necessary. Whenever the militia shall be in the active service each and every member thereof so ordered to active State duty shall be vested, in enforcing the laws of this State, with all the authority of peace or police officers for the duration of such active State duty of such members, and their bailiwick shall extend throughout the State. Active State service or active duty as referred to herein shall not include drill periods or preparations there for or equivalent training, or annual field training of the militia while in its capacity as National Guard of the United States, unless the Governor shall provide specifically to the contrary. When ever the militia or any part thereof shall be in the active service of the State, under the provisions of this section, the ranking officer of the militia or such part thereof ordered into active State service, or his subordinates on active State duty, shall cooperate with local law enforcement authorities or, as the exigencies of the case may require, pursuant only to proper order from the Governor, subordinate the local law enforcement authorities, including the State Police, to their direction and control and shall assume all the powers vested in these subordinated law enforcement authorities. The provisions of this section shall apply to the Defense Force as defined in the militia laws of Maryland, whenever the Defense Force shall be in existence pursuant to law. Art. 65, Sec. 8.
All members of the Maryland National Guard, who are designated by the Adjutant General of Maryland as National Guard full-time support personnel pursuant to the provisions of 32 U.S.C. and who are under the control or jurisdiction of the Military Department, State of Maryland, and who are acting in such capacity, are hereby invested, in and for the military area to which assigned, with the same police power, authority and status, with respect to criminal matters and the enforcement of the law relating thereto, as sheriffs, constables, police or peace officers possess and exercise in their respective jurisdictions; and all such persons shall also have all the immunities and matters of defense now available, or such as hereafter may be made available, to sheriffs, constables, police or peace officers, in any suit, criminal or civil, brought against them in consequence of acts done in the course of their employment and duty. Art. 65, Sec. 8A.
Any person who shall willfully and unlawfully misapply or convert to his own use any money or other property be longing to said organized militia, or any organization thereof, or who shall, when lawfully called upon to do so by the proper officer, fail or refuse to pay or deliver to said officer any money or property in his possession, or for which the said person was chargeable or accountable, shall be guilty of a misdemeanor, and upon conviction thereof in the District Court sitting in the city or county wherein such offense was committed, or in the circuit court of the county wherein such offense was committed, should the accused party prefer a jury trial, shall be fined a sum not exceeding five hundred dollars, or sentenced to imprisonment in jail for a period not exceeding one year, or he shall be both fined and imprisoned, in the discretion of the court. Art. 65, Sec. 50.
No person belonging to the organized militia, shall be arrested on any process except such as may be issued by military authority, while going to, remaining at, or returning from any place at which he may be required to attend for military duty.
It shall be unlawful for the owner, or the owner's agent, whatever may be the latter's designation, of any place of amusement or of recreation, otherwise opened to the general public, admission to which is free or otherwise, to refuse admission to or exclude from the said place of amusement or of recreation, any officer or enlisted men of the United States Army, Navy, Marine Corps, Revenue Cutter Service, the organized militia of this state or of any state, territory and of the District of Columbia, by reason of such officer or enlisted men being in uniform, and any such owner, or agent aforesaid, who, upon conviction before a court of criminal jurisdiction, shall be found guilty of a violation of the provision of this section shall be deemed and he is hereby declared to be guilty of a misdemeanor, and shall be fined a sum not exceeding five hundred dollars, or imprisoned for not more than six months or both in the discretion of the court. Art. 65, Sec. 51.
Members of the organized militia ordered into the active service of the State by proper authority shall not be liable civilly or criminally for any act or acts done by them while in the discharge of their duty. When a suit or proceeding shall be commenced in any court by any person against any officer of the organized militia for any act done by such officer in his official capacity in the discharge of duty under this article, or against any person acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to the law, the court shall require the person prosecuting or instituting the suit or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. In case the plaintiff shall be non suited, or have a verdict or judgment rendered against him, the defendant shall recover treble costs. Art. 65, Sec. 52.
(a) A person who, for the purpose of accepting transportation, boards a vehicle owned or controlled by the Administration shall pay the correct fare in the required manner.
(b) A person who fails to pay the correct fare in the required manner and who then wilfully refuses to leave the vehicle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250.
(c) Any person who engages in any of the following acts in a public Mass Transit bus, rapid rail car, or transit station is guilty of a misdemeanor:
(1) Expectorate:
(2) Smoke or carry a lighted or smoldering pipe, cigar, or cigarette;
(3) Consume food or drink, or carry any open food or beverage container;
(4) Discard litter, except into designated receptacles for that purpose;
(5) Play or operate any radio, cassette, cartridge, tape player, or similar electronic device or musical instruments, unless such device is connected to an earphone that limits the sound to the hearing of the individual user.
(6) Carry or possess any explosives, acids, or other dangerous articles;
(7) Carry or possess any live animal, except seeing-eye dogs and hearing ear dogs properly harnessed and accompanied by a blind person or a deaf person, and small animals properly packaged;
(8) Obstruct, hinder, interfere with, or otherwise disrupt or disturb the operation or operator of a Mass Transit bus or rapid rail car.
(9) Board any Mass Transit bus through the rear exit door, unless so directed by an employee or agent of the Mass Transit Administration;
(10) Urinate or defecate, except in rest rooms;
(11) Fail to move to the rear of any Mass Transit bus or rapid rail car when requested to do so by the operator or a police officer; or
(12) Fail to vacate a seat designated for the elderly or handicapped when requested to do so by the Mass Transit operator or a police officer.
(d) As used in this section, "elderly and handicapped person" means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to use Mass Transit facilities as effectively as a person who is not so affected.
(e) The provisions of subsection (c) shall not apply to Charter Bus Service rendered by the Mass Transit Administration.
(f) A person convicted of violating subsection (c) is subject to a fine of not more than $250 for each offense. Section 2. And be it further enacted, that this section is not to be construed to prohibit enforcement of any other general or local law or ordinance, rule or regulation of a State or local authority or agency, which is not inconsistent with the provisions of this section. (Transportation Article 7-705).
See Art. 27, Sec. 400A to 406.
(a) This section does not limit the powers of:
(1) The Social Service Agency of the Department of Human Resources under Title 5, Subtitle 5 of the Family Law Article; or
(2) The Juvenile Services Agency under title 6, Subtitle 1 of the Health-General Article.
(b) Every agent, officer or representative of any institution, society or body, incorporated under the laws of this State for the care, custody, or protection of children or minors having in his possession, custody or personal charge, any person under eighteen years of age, for any purpose connected with the objects of such institution, society or body, shall be entitled to all the privileges and authority of a conservator of the peace, and any person, whether under the claim or color of authority over the person of such minor as parent, guardian or otherwise, or under any other color, pretense or claim, who shall in any manner interfere with or obstruct such agent, officer or representative in relation to his possession, custody or personal charge of such minor shall be guilty of a misdemeanor, and it shall be the duty of all officers of police, policemen, constables and officers and officials of every description having the authority to make arrests to enforce this section in every particular. Art. 27, Sec. 399.
(a) Except as provided in subsection (b) of this section, any person or persons or body corporate being a manufacturer, dealer, vendor as aforesaid, or any other person or persons or body corporate violating the provisions of §404 of this article, shall, upon conviction thereof in any court of competent jurisdiction, be fined in a sum of not more than one hundred dollars for each and every offense.
(b) If the requirements of Article 56, sec. 617(B) (3) of the code are satisfied, the provisions of subsection (SA) of this section do not apply to the owner of a tobacco product vending machine or any other person exercising control over a tobacco product vending machine if a person under 18 has purchased a tobacco product from a vending machine. Art. 27, Sec. 405.
(a) As used in this subtitle, the following words have the meanings indicated.
(b) "Minor" means a person under the age of 18.
(c) "Employ," "employed," or "employment" includes to suffer or permit to work, but does not include the following activities if performed outside of the prescribed school day, and if the activity does not involve mining, manufacturing, or hazardous occupations:
(1) Farm work performed on a farm:
(2) Domestic work performed in or about a home;
(3) Work performed in a business owned or operated by a parent or one standing in the place of a parent;
(4) Work performed by nonpaid volunteers in a charitable or nonprofit organization employed with the written consent of a parent or one standing in the place of a parent;
(5) Caddying on a golf course;
(6) Employment as an instructor on an instructional sailboat;
(7) Manufacturing of evergreen wreaths in or about a home;
(8) Delivery of newspapers to the consumer;
(9) Employment of a graduate of an accredited school who is employed in a hazardous occupation in which a course of study has been completed; or
(10) Hazardous work performed by nonpaid volunteers of a volunteer fire department or company or volunteer rescue squad who have completed or are taking a course of study relating to fire fighting or rescue and who are 16 years of age or older.
(d) "Hazardous occupation" means an occupation declared to be dangerous by the Commissioner of Labor and Industry, after he has held a hearing as required by § 7(d) of this subtitle, or an occupation defined to be dangerous by the Secretary of Labor under provisions of the Fair Labor Standards Act and adopted by the Commissioner.
(e) "Commissioner" means the Maryland Commissioner of Labor and Industry or his authorized representative. Article 100, Sec. 4.
(a) A minor may not engage in employment unless the employer has in his possession a verified and validated work permit for the minor.
(b) The superintendents of schools or their authorized designees in the various counties and Baltimore City, and the Commissioner shall issue work permits as prescribed by the Commissioner. The superintendents shall provide the necessary clerical assistance for the issuance of work permits. The Commissioner, after review, may revoke any issued work permit.
(c) The age of the minor shall be verified by a birth certificate, a baptismal certificate, a school record, passport, valid Maryland driver's license, or any official government document attesting to the age of the minor. Article 100, Sec. 8.
A minor under the age of 14 may not be employed or permitted to work. Article 100, Sec. 9.
(a) A minor under sixteen years of age may not be employed or permitted to work, in, about, or in condition with:
(1) Any employment during the prescribed school day;
(2) Any manufacturing, mechanical, or processing occupations or in workrooms or work places where goods are manufactured or processed;
(3) The operation, cleaning, or adjusting of any power-driven machinery, other than office machinery, not used in the schools or governmental institutions as part of the vocational training of the students;
(4) Any scaffolding, construction, brick or lumberyard, airports, railroads, or boats when engaged in navigation or commerce, acids, plants, dyes, gases, lye, and occupations causing dust or gases in injurious quantities, except in purely office work; or
(5) Any other occupation which, after investigation by the Commissioner, is deemed injurious to the health, welfare, or morals of the minor.
(b) Subsection (a) does not apply to a minor who has been issued a work permit for one of the following reasons:
(1) The minor has been found incapable of profiting from further education pursuant to § 7-301 of the Education Article;
(2) The minor is enrolled in a work-study, student-learner, or similar program where the employment is an integral part of the course of study, and the employment is procured and supervised through the efforts of the school systems in the various subdivisions;
(3) The minor is employed in purely office work or duties performed outside of rooms where goods are manufactured or processed; or
(4) After investigation, the minor is issued an exception by the Commissioner if it has been determined that the work performed and the area in which it is performed is not hazardous to the minor.
(c) A minor under 16 years of age may not be employed or permitted to work more than:
(1) Four hours on any day when school is in session;
(2) Eight hours on any day when school is not in session;
(3) 23 hours in any week when school is in session for five days; or
(4) 40 hours in any week when school is not in session.
(d) A minor under 16 years of age may not be employed or permitted to work before 7:00 a.m. or after 8:00 p.m. A minor may be employed or permitted to work until 9:00 p.m. from Memorial Day to Labor Day.
(e) The hours worked by a minor enrolled in a bona fide work-study or student-learner program when school is normally in session may not be counted towards the permissible hours of work prescribed in subsection (c).
(f) Notwithstanding subsections (c) and (d), the Commissioner may issue an exception to the hour restriction if he obtains the written permission of the parents or guardian to do so and he determines that:
(1) There will be no hazard to the health and welfare of the minor;
(2) That it will not create any problems for the minor in fulfilling the school's requirements for graduation. Article 100, Sec. 10.
(a) A minor under 18 years of age may not be employed or permitted to work:
(1) In any hazardous occupation unless the Commissioner issues exceptions in connection with a work-study, student-learner or apprentice program under a recognized federal, State, or local governmental agency;
(2) In, or about, or in connection with:
(i) Blast furnaces;
(ii) Docks or wharves, other than marinas where pleasure boats are sold or served;
(iii) Pilots, firemen, or engineers on any vessel or boat engaged in commerce;
(iv) Railroads;
(v) Erection and repair of electrical wires;
(vi) Any distillery where alcoholic beverages are manufactured, bottled, wrapped, or packed;
(vii) The manufacturing of dangerous or toxic chemicals or compounds;
(viii) Cleaning, oiling, or wiping of machinery;
(ix) Any occupation forbidden by any local, State or federal law; or
(x) Any occupation which after investigation by the Commissioner is deemed injurious to the health and welfare of the minor.
(b) Subsection (a) does not apply to a minor under 18 years of age who has been issued a work permit for one of the following reasons:
(1) The minor is enrolled in a work-study, student-learner, or similar program where the employment is an integral part of the course of study, and the employment is procured and supervised through the efforts of the school systems in the various subdivisions;
(2) The minor is employed in purely office work or duties performed outside of rooms where goods are manufactured or processed; or
(3) After investigation, the minor is issued an exception by the Commissioner if it has been determined that the work performed and the area in which it is performed is not hazardous to the minor.
(c) A minor under 18 years of age may not spend more than twelve hours in a combination of school hours and work hours per day.
(d) A minor under 18 years of age shall have at least eight consecutive hours of nonwork, nonschool time in each 24-hour day.
(e) The Commissioner may grant an exception to the hourly restrictions in subsection (c) and (d) if he determines that there will be no hazard to the health and welfare of the minor.
(f) A minor under 18 years of age may not be employed or permitted to work more than five hours continuously without a nonworking period of at least one-half hour.
(g)(1) Except as provided in paragraph (2) of this subsection, a minor under 18 years of age may not be employed to transport to or from a business establishment any money, checks, or negotiable instruments, including payroll funds or business receipts:
(i) in any amount or value between 8:00 p.m. and 8:00 a.m.; or
(ii) in any amount or value over $100 between 8:00 a.m. and 8:00 p.m.
(2) the provision of this subsection do not apply to:
(i) any child of the owner, operator, or manager of the business establishment; or
(ii) any minor transporting money, checks, or negotiable instruments received as payment for merchandise or services delivered by the minor. Article 100, Sec. 11.
(a) The Commissioner may issue a special permit to a minor of any age to be employed as a model, performer, or entertainer.
(b) The permit shall be on a form prescribed by the Commissioner after completion of an application containing such information as the Commissioner may require. The Commissioner shall conduct an investigation, and shall issue the permit if satisfied that the employment is not detrimental to the health and welfare of the minor, that the minor is adequately supervised, and that education of the minor is not neglected. The permit shall contain the signed and notarized consent of the parent of the minor, or person standing in the place of the parent, and the employer. Article 100, Sec. 12.
Every employer shall post and keep posted in a conspicuous place where any minor is employed, permitted or suffered to work, a printed notice in a form prescribed by the Commissioner, setting forth the provisions of this subtitle. Article 100, Sec. 13.
(a) It is unlawful to interfere with or hinder the Commissioner in the performance of this duties under this subtitle, or knowingly to give false information to the Commissioner. Any person violating the provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $1,000 or imprisonment for not more that 90 days or both.
(b) any person who knowingly employs or permits a minor to work in violation of any provision of this subtitle is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both. Article 100, Sec. 14.
(a) An individual 16 or 17 years old may not marry unless:(1) the individual has the consent of a parent or guardian and the parent or guardian swears that the individual is at least 16 years old; or (2) if the individual does not have the consent of a parent or guardian, either party to be married gives the clerk a certificate from a licensed physician stating that the physician has examined the woman to be married and has found that she is pregnant or has given birth to a child.
(b) An individual under the age of 16 may not marry unless: (1) the individual has the consent of a parent or guardian; and (2) either party to be married gives the clerk a certificate from a licensed physician stating that the physician has examined the woman to be married and has found that she is pregnant or has given birth to a child. Family Law Art.2-301.
(a) Each child who resides in this State and is 6 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.
(b) a county superintendent, school principal, or an individual authorized by the county superintendent or principal may excuse a student for a necessary absence.
(c) Each person who has under his control a child who is 6 years old or older and under 16 shall see that the child attends school or receives instructions as required by this section.
(d)(1) This section applies to any child who has a mental, emotional, or physical handicap.
(2) This section does not apply to a child:
(i) Whose mental, emotional, or physical condition makes his instruction detrimental to his progress; or
(ii) Whose presence in school presents a danger of serious physical harm to others,
(3) With the advice of the school principal, supervisor, pupil personnel supervisor, or visiting teacher and with the written recommendation of a licensed physician or a State Department of Education certified or licensed psychologist, the county superintendent may:
(i) Make other appropriate provisions for the free education of any student excepted from attendance under paragraph (2) of this subsection; or
(ii) Permit the parents or guardians of that student to withdraw him from public school, for as long as the attendance of the child in a public school would be detrimental to his progress or his presence in school would present a danger of serious physical harm to others.
(4) If a child is withdrawn from a public school under this subsection, the county board shall make other appropriate provisions for the education of the child.
(5) If an appropriate educational placement is not available immediately, the county board shall make interim provisions for the education of the child until an appropriate placement becomes available.
(e) (1) Any person who induces or attempts to induce a child to absent himself unlawfully from school or employs or harbors any child who is absent unlawfully from school while school is in session is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
(2) Any person who has control over a child who is 6 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 10 days, or both.
(3) As to any sentence imposed under this section, the court may suspend the fine or the prison sentence and establish terms and conditions which would promote the child's attendance. The suspension authority provided for in this subsection is in addition to and not in limitation of the suspension authority under Article 27, Sec. 641A of the Code. Education Article Sec. 7-301.
(a) Authority to intervene; degree of force.--(1) A principal, teacher, or school security guard in any public school may intervene in a fight or physical struggle that takes place in his presence in a school building or on school grounds, whether the fight is among students or other individuals.
(2) The degree and force of the intervention may be as reasonably necessary to restore order and to protect the safety of the combatants and surrounding individuals.
(b) Compensation for injury and time lost from duties. A principal, teach, or school security guard who is hurt while intervening in a fight under this section:
(1) Shall be compensated by the county board for any necessary medical expenses that result directly from the intervention; and
(2) May not lose any compensation for time lost from his school duties that results directly from the intervention, but his compensation may be reduced by any payments made under the Workmen's Compensation Law.
(c) Legal counsel; indemnity.--In any suit, claim, or criminal charge brought by a parent or other claimant of one of the combatants against the principal, teacher, or school security guard because of the intervention, the county board:
(1) Shall provide legal counsel for the principal, teacher, or school security guard, or may provide reimbursement for the reasonable expenses of the legal defense of any criminal charge if the county board considers it appropriate; and
(2) Shall save the principal, teacher, or school security guard harmless from any award or decree against him. Education Article 7-306.
(a) Authority to search student.--(1) A principal, assistant principal, or school security guard of a public school may make a reasonable search of a student on the school premises if he; has reasonable belief that the student has in possession an item, the possession of which is a criminal offense under the laws to this State.
(2) The search shall be made in the presence of a third party.
(b) authority to search school.--(1) A principal, assistant principal, or school security guard of a public school may make a search of the physical plant of the school and its appurtenances including the lockers of students.
(2) The right of the school official to search the locker shall be announced or published previously in the school.
(c) Rules and regulations.--The department shall adopt rules and regulations relating to the searchers permitted under this section. Education Article 7-307.
(a) Inadmissibility of statement of student.--If a student seeks information to overcome any form of drug abuse, as defined in § 9-101 of the Health-General Article, from a teacher, counselor, principal, or other professional educator employed by an educational institution that has received a certificate of approval under § 2-206 of this article, a statement, whether oral or written, made by the student or an observation or conclusion received from the statement is not admissible against the student in any proceeding. Education Article 7-410.
Sale of ticket or share to person under eighteen prohibited.
No ticket or share shall be sold to any person under the age of eighteen years, but this shall not prohibit the purchase of a ticket or share for the purpose of making a gift to this person. Any licensee who knowingly sells or offers a lottery ticket or share to any person under the age of eighteen years is guilty of a misdemeanor and subject to the penalties provided in § 13 of this article. Art. 88D, Sec. 14
Art. 27, Sec. 399.
The following words and phrases, as used in this subheading, have the meanings indicated:
(a) Advertising purposes means the purpose of propagandizing in connection with the sale commercially of a product or products, or the offering commercially of a service, or the exhibiting commercially of entertainment.
(b) Minor means any person under eighteen years of age.
(c) Sadomasochistic abuse means flagellation or torture by or upon a human who is nude, or clad in undergarments, or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound, or otherwise physically restrained.
(d) Sexual conduct means human masturbation, sexual intercourse, or any touch of or contact with the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals.
(e) Sexual excitement means the condition of human male or female genitals, or the breasts of the female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. Article 27, Sec. 416A.
Any person, firm or corporation which knowingly sells or offers to sell to any minor any of the following is guilty of a misdemeanor:
(a) any picture, photograph, drawing, sculpture, motion picture, film or other visual representation or image of a person or portion of the human body that depicts sadomasochistic, sexual conduct or sexual excitement; or
(b) any book, magazine, paperback, pamphlet or other written or printed matter however reproduced, or any sound recording which contains any matter enumerated in subsection (a) or obscenities, or explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement or sadomasochistic abuse. Article 27, Sec. 416B.
Any person, firm or corporation which, for monetary consideration or other valuable commodity or service, knowingly exhibits to a minor who is unaccompanied by his parent or guardian, or knowingly sells to a minor an admission ticket or other means to gain entrance to, or knowingly admits a minor who is unaccompanied by his parent or guardian to premises where there is exhibited a motion picture show or other presentation, whether animated or live, which in whole or in part depicts or reveals sexual conduct, sexual excitement, or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct, is guilty of a misdemeanor. Article 27, Sec. 416C.
Any person who operates or is employed in a sales, cashier or managerial capacity in any retail establishment and knowingly permits a minor unaccompanied by his parents or guardian to enter or remain on any premises on which there is shown, displayed or depicted any item or activity detailed in subsections (a) and (b) or § 415B, is guilty of a misdemeanor. Article 27, Sec. 416E.
Any person, firm or corporation which violates the provisions of this subtitle shall, upon conviction, be subject to a fine of up to one thousand dollars ($1,000) or imprisonment for six (6) months. Article 27, Sec. 416G.
(a)(1) A person may not willfully or knowingly engage in the business of displaying, exhibiting, selling, showing, advertising for sale, or distributing to any person under the age of 18 years any still picture, photograph, book, pocket book, pamphlet, magazine, video disc, video tape, film, computer disc, or recorded telephone messages the cover or content of which is principally made up of descriptions or depictions of illicit sex, or which consists of picture of nude or partially denuded figures posed or presented in a manner which an average person applying contemporary community standards would find, taken as a whole, appeals to prurient interest and lacks serious literary, artistic, political or scientific value.
(2) A person may not willfully or knowingly display or exhibit to any person under the age of 18 years any still picture, photograph, book, pocket book, pamphlet, magazine, videodisc, videotape, film, computer disc, or recorded telephone messages the cover or content of which is principally made up of obscene description or depictions of illicit sex, or which consist of obscene pictures of nude or partially denuded figures.
(3) The provisions of services or facilities by telephone company pursuant to tariffs approved by the Public Service Commission is not a violation of the provisions of paragraph (1) of this subsection that relate to recorded telephone messages.
(4) An owner, operator, franchise manager, or any employee with managerial responsibility of a newsstand or any other place of business may not openly and knowingly display at the newsstand or other place of business, if it is frequented by persons under the age of 18 years, any of the items whose sale, showing, or advertising is prohibited by paragraph (1) of this subsection.
(5) Violation of this section is a misdemeanor.
(b) In this section the following words have the meanings indicated:
(1) "Description or depictions of illicit sex" shall mean:
(i) Human genitals in a state of sexual stimulation or arousal:
(ii) Acts of human masturbation, sexual intercourse, or sodomy; or
(iii) Fondling or other erotic touching of human genitals.
(2) "Distributing" includes renting.
(3) "Nude or partially denuded figures" means:
(i) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(ii) Human male genitals in a discernible turgid state, even if completed and opaquely covered.
(4) "Obscene" means:
(i) That the average adult applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
(ii) That the work depicts the sexual conduct specified in subsection (a) of this section in a way that is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material; and
(iii) That the work, taken as a whole, lacks serious literary, scientific, educational, artistic, or political vale. Art. 27, Sec. 419.
(a) In this section minor means an individual under 18 years of age.
(b) Every person who solicits, causes, induces, or knowingly permits a minor to engage as a subject in the production of any obscene matter or any visual representation or performance that depicts a minor engaged as a subject in sexual conduct or sadomasochistic abuse as defined in § 416A(d) of this article, is subject to the penalty provided in subsection (f).
(c) Every person who photographs, films, or by means of computer depicts or describes a minor engaging in an obscene act or engaging in sexual conduct or sadomasochistic abuse as defined in of this article, is subject to the penalty provided in subsection (f).
(d) Every person who knowingly promotes, distributes, or possesses with intent to distribute any matter or other visual representation or performance that depicts a minor engaged as a subject in sexual conduct or sadomasochistic abuse, as defined in § 416A of this article, is subject to the penalty provided in subsection (f) of this section.
(e) Every person who, by means of computer, knowingly compiles, enters, transmits, makes, prints, publishes, reproduces, causes, allows, buys, sells, receives, exchanges, or disseminates any notice, statement, advertisement, or minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of engaging, facilitating, encouraging, offering, or soliciting unlawful sexual conduct or sadomasochistic abuse as defined in subsection 416A of this article of or with any minor is subject to the penalty provided in subsection (f) of this section.
(f)(1) Every person who violates the provisions of this section is guilty of a felony and upon conviction shall be fined not more than $25,000 or imprisoned for 10 years, or both in the discretion of the court.
(2) A person who is convicted of a subsequent violation of this section is subject to a fine not exceeding $50,000 or imprisonment not exceeding 20 years, or both in the discretion of the court.
(g)(1) In any action brought under this section, where the minor's identity is unknown or where the minor in outside the jurisdiction, the State's Attorney is not required to identify or produce testimony from the minor who is depicted in the obscene matter or in any visual representation or performance that depicts the minor engaged as a subject in sexual conduct or sadomasochistic abuse as defined in § 416A of this article.
(2) The court or jury may determine whether an individual who is depicted in any obscene matter, or any visual representation or performance as the subject in sexual conduct or sadomasochistic abuse as defined in § 416A of this article, was a minor by observation of the matter depicting the individual, oral testimony by a witness to the production of the matter, expert medical testimony, or any other method authorized by an applicable provisions of law or rule of evidence. Art. 27, Sec. 419A.
(a) A person may not knowingly possess any film, videotape, photograph, or other visual representation depicting an individual under the age of 16 tears engaged as a subject of sadomasochistic abuse or in sexual conduct, or in a state of sexual excitement, as those terms are defined under section 416A of this article.
(b) Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent's own child in the nude unless the visual representations depict the child engaged as a subject of sadomasochistic abuse or in sexual conduct and in a state of sexual excitement.
(c) (1) For a first offense a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
(2) For a second or subsequent offense a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both. Art. 27,Sec. 419B.
Every person, who with knowledge that a person is a minor under 18 years of age, and who, while in possession of such facts that he should reasonably know that the person is a minor under 18 years of age, hires, employs, or uses such minor to do or assist in doing any of the acts described in section 419, is guilty of a misdemeanor. Art. 27, Sec. 420.
(a) In this subtitle the following words have the meanings indicated:
(b) "Law Enforcement Agency" means a State, county, or municipal police department or agency, or a sheriff's department.
(c) "Missing Child" means a person who is:
(1) Under the age of 18 years; and
(2) The subject of a missing persons report filed with a law enforcement agency in this State and whose whereabouts are unknown. Family Law Article, Sec. 9-401.
(a) On receipt of a report regarding a missing child by a law enforcement agency, the law enforcement agency shall immediately determine if:
(1) The missing child has not been the subject of a prior missing persons report;
(2) The missing child suffers from a mental or physical handicap or illness;
(3) The disappearance of the missing child is of a suspicious or dangerous nature;
(4) The person filing the report of a missing child has reason to believe that the missing child may have been abducted;
(5) The missing child has ever been previously the subject of a child abuse report filed with the State or local law enforcement agency; or
(6) The missing child is under 14 years of age.
(b) Upon conclusion by the law enforcement agency that any one of the conditions specified in subsection (a) of this section exists, the law enforcement agency shall immediately:
(1) Enter all necessary and available information into the Maryland Interagency Law Enforcement Systems (MILES) and the National Crime Information Center (NCIC) computer networks;
(2) Institute appropriate intensive search procedures;
(3) Notify the National Missing Children Information Center and forward to the State Clearing house for missing children a copy of the missing persons report involving the missing child;
(4) Notify the appropriate local department of social services, and, to the extent possible, obtain any information that may assist in the locating of the missing child; and
(5) Enlist the aid of the State Police, when appropriate, in locating the missing child.
(c) If the conditions specified in subsection (a) of this section do not exist, the law enforcement agency shall:
(1) Immediately seek to determine the circumstances surrounding the disappearance of the missing child; and
(2) Implement the procedures set forth in subsection (b) of this section within 12 hours of the filing of a report regarding a missing child, if the missing child has not been located.
(d) Notwithstanding any provision of law to the contrary, if a missing child has not been located within 24 hours of the filing of a missing persons report and either the local law enforcement agency of the State police have reason to believe that the missing child may not be located in a jurisdiction other than the jurisdiction where the missing persons report was filed, the Maryland State Police shall enter the investigation and, in cooperation with the appropriate local law enforcement agencies, assist State and National efforts to locate the missing child.
(e)(1) A law enforcement agency may not adopt rules, regulations, or policies that prohibit or discourage the filing of a report or the taking of any action on a report that a child is a missing child or that a child is believed to be a missing child.
(f) Every person filing a report of a missing child shall be required to notify the local law enforcement agency and the State Police immediately upon the locating of the missing child if it is unlikely that the local law enforcement agency of the State Police have knowledge that the missing child has been located. Family Law Article, Sec. 9-402.
(a) There is a State Clearing house for missing children operated by the State Police that is responsible for:
(1) The receipt, collection, and distribution of general information and annual statistics regarding missing children; and
(2) Coordination of law enforcement agencies and other interested persons or groups within and outside the State regarding information on children who have disappeared from, or are thought to be located in, Maryland.
(b) The State Police Secretary may develop, in cooperation with local law enforcement agencies, a plan for voluntary fingerprinting programs for children.
(c)(a) an advisory council shall be appointed having the following responsibilities:
(i) Review of the activities of the State Clearinghouse;
(ii) Review of the training provided for, and investigatory procedures used by law enforcement personnel in the locating of missing children;
(iii) Examine possible methods of identifying missing children prior to enrollment in a public or non-public school; and
(iv) Explore the feasibility and effectiveness of utilizing the Federal Parent Locator Service in locating missing children.
(2) The advisory council shall consist of the following members:
(i) 1 person from the juvenile services administration, to be designated by the Secretary of the Department of Health and Mental Hygiene;
(ii) 1 person from the Maryland State Department of Education, to be designated by the State Superintendent of Schools;
(iii) 1 person from the State Police, to be appointed by the Secretary of the Department of the State Police;
(iv) The Director of the Office for Children and Youth, who shall serve as chairman of the advisory council;
(v) The President of the Governor's Youth Advisory Council or a designee of the President from the council;
(vi) 1 member from the State Sheriff's Association, to be designated by the President of the association; and
(vii) 1 member from the State Chief's of Police Association, to be designated by the President of the association; and
(viii) 2 members from the public-at-large, to be appointed by the Governor.
(d)(1) The term of council members from the public shall be 2 years.
(2) At the end of a term, a council member from the public shall continue to serve until a success or is appointed.
(3) Council members from the public may serve successive terms. Family Law Article, Sec. 9-403.
All murder which shall be perpetrated by means of poison, or lying in wait, or by any kind of wilful, deliberate and premeditated killing, shall be murder in the first degree. Art. 27, Sec. 407.
All murder which shall be committed in the perpetration, or attempt to perpetrate, arson in the first degree shall be murder in the first degree. Art. 27, Sec. 408.
All murder which shall be committed in the burning or attempting to burn any barn, tobacco house, stable, warehouse or other outhouse not a parcel of any dwelling house, having therein any tobacco, hay, grain, horse, cattle, goods, wares or merchandise, shall be murder in the first degree. Art. 27, Sec. 409.
All murder which shall be committed in the perpetration of, or attempt to perpetrate, any rape in any degree, sexual offense in the first or second degree, sodomy, mayhem, robbery, carjacking or armed carjacking, burglary, kidnapping as defined in Sections 337 and 338 of this Article, storehouse breaking as defined in Sections 32 and 33 of this Article, or daytime housebreaking as defined in Section 30(b) of this Article, or in the escape or attempt to escape from the Maryland Penitentiary, the House of Correction, the Baltimore City Jail, or from any jail or penal institution in any of the counties of the State, shall be murder in the first degree. Art. 27, Sec. 410.
(A) A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment for not more than 30 years.
(B) A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment for not more than life.Art. 27, Sec.411A
Felonious homicide is deemed, not murder, but manslaughter, under exceptional circumstances of excuse or provocation, which are as follows:
(1) Where the homicide results from merely unlawful conduct, or neglect of duty, without design to inflict death or injury likely to prove mortal.
(2) Where the act causing death is due wholly to the heat of overmastering passion caused by adequate provocation.
This provocation may consists of bodily hurt, or gross insult; in an undefined degree, of any gross wrong or injury; or an unlawful arrest or imprisonment; a blow struck in the heat of a fight arising upon a sudden quarrel and the slaying by the husband of his wife or her companion upon finding them in the act of adultery, also bring the offense within the mitigated guilt of manslaughter. Hochheimer, Sec. 33.
Penalty, not exceeding ten years' imprisonment in the penitentiary, or fine not exceeding $500 or not more than two years in jail, or both fine and imprisonment in jail. Art. 27, Sec. 387.
Every person causing the death of another as the result of the driving, operating or control of an automobile, motor vehicle, locomotive, engine, car, streetcar, train, vessel, or other vehicle in a grossly negligent manner, shall be guilty of a misdemeanor to be know as "manslaughter by automobile, motor vehicle, locomotive, engine, car, streetcar, train, vessel, or other "vehicle", and the person so convicted shall be sentenced to jail or the house of correction for not more than 10 years, or be fined not more than $5,000.00 or be both fined and imprisoned.
In any indictment or other charging document for manslaughter by automobile, motor vehicle, locomotive, engine, car streetcar, train, vessel, or other vehicle, it shall not be necessary to set forth the manner and means of death. It shall be sufficient to use a formula substantially of the following effect: "That A--B on the .................... day of ...................., nineteen hundred and .................... at the County (City) aforesaid, unlawfully, in a grossly negligent manner did kill and slay C--D". Art. 27, Sec. 388.
(a) In this section, "intoxicated" and "under the influence of alcohol" have the same meaning as indicated in and are subject to the same presumptions and evidentiary rules of §10-307 of the courts article regarding intoxication and being under the influence of alcohol under the vehicle laws of this state.
(b) any person causing the death of another as the result of the person's negligent driving, operation or control of a motor vehicle or vessel while intoxicated is guilty of a misdemeanor to be known as "homicide by motor vehicle or vessel while intoxicated", and the persons so convicted shall be punished by imprisonment for not more than 5 years, or by fine or not more than $5,000 or both fine and imprisonment.
(c) a person who causes the death of another as the result of the person's negligent driving, operation, or control of a motor vehicle or vessel while under the influence of alcohol is guilty of a misdemeanor to be known as "Homicide by motor vehicle or vessel while under the influence", and on conviction shall be punished by imprisonment for not more than 1 year or a fine of not more than $1,000 or both.
(d)(1) In any indictment, information, or other charging document under this section, it is not necessary to set forth the manner and means of death.
(2) It shall be sufficient to use a formula substantially to the following effect:
(I) "That A--B on the day of nineteen hundred and at the county (city) aforesaid, unlawfully, while intoxicated did kill C--D, against the peace, government, and dignity of the State."; or
(II) "That A--B on the .................... day of ...................., nineteen hundred and .................... at the county (city) aforesaid, unlawfully, while under the influence of alcohol, did kill C--D, against the peace, government, and dignity of the state." Art. 27, Sec. 388A.
In this subheading, vessel means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. Art. 27, Sec. 388B
(a) As used in this section, the word railroad includes any switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle, culvert, embankment, structure, or appliance pertaining to or connected with any railway.
(b) If any person shall place anything, or cause anything to be placed on any railroad in the State, Calculated to obstruct, overthrow or direct from the track of such railroad any care, vehicle or carriage, traveling or passing on such railroad, or shall break or injure in any manner any railroad in this State, with the view or intent to obstruct or overthrow any car, vehicle or carriage, such person so offending shall be deemed guilty of felony, and upon conviction thereof shall be imprisoned for not more than ten years and fined up to $5,000. Art, 27, Sec. 453.
If the death of any person shall be occasioned by the overthrow or obstruction of any railroad car, vehicle or carriage, produced by the placing of any thing or obstruction on any railroad, or by breaking or injuring any railroad, or any bridge attached thereto, in violation of § 453 of this article, then the person so placing the thing or obstructing, or breaking or injuring, shall be deemed guilty of murder. Art. 27, Sec. 454.
See Assault.
(a) Every person who manufacturers, distributes, or dispenses any controlled dangerous substance within the State or who proposes to engage in the manufacture, distribution, or dispensing of any controlled dangerous substance within the State, shall obtain every two years a registration used by the Department in accordance with the rules and regulations promulgated by the Department. Persons registered by the Department under this subheading to manufacture, distribute, or dispense controlled dangerous substances are authorized to possess, manufacture, distribute, or dispense such substances to the extent authorized by their registration and in conformity with the other provisions of this subheading.
(b) The following persons shall not be required to register and in addition to the aforementioned registrants while acting in the course of their business or profession may lawfully possess controlled dangerous substances under the provisions of this subheading:
(1) An agent, or an employee thereof, of any registered manufacturer, distributor, or dispenser of any controlled dangerous substance if such agent is acting in the usual course of his business or employment;
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled dangerous substance is in the usual course of his business or employment;
(3) An ultimate user or a person in possession of any controlled dangerous substance pursuant to a lawful order of a practitioner, while acting in good faith and in the ordinary course of business or professional practice.
(c) The Department may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if the Department finds it consistent with the public health and safety.
(d) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled dangerous substances.
(e) The Department is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by the Department.
(f) The Department shall register an applicant to manufacture or distribute controlled dangerous substances included in scheduled I through V unless the Department determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(1) Maintenance of effective control against diversion of particular controlled dangerous substances and any Schedule I or II substance compound therefrom into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable State, federal and local law;
(3) Prior conviction record of applicant under federal, State, and local laws relating to the manufacture, distribution, or dispensing of such substances;
(4) Past experience in the manufacture and distribution of controlled dangerous substances, and the existence in the establishment of effective controls against diversion; and
(5) Such other factors as may be relevant to and consistent with the public health and safety.
(g) Restrictions upon manufacturers and distributors registered under subsection (f):
Registration granted under subsection (f) of this section shall not entitle a registrant to manufacture and distribute controlled dangerous substances in Schedule I or II other than those specific in the registration.
(h) Practitioners shall be registered by the Department to dispense any controlled substance or to conduct research with controlled substances in Schedule II through V if they are authorized to dispense or conduct research under the laws of this State. The Department need not require separate registration under this section for practitioners engaging in research with non-narcotic controlled substances in Scheduled II through V where the registrant is already registered under this section in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing the Department evidence of that federal registration.
(i) The Department shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled dangerous substances prior to July 1, 1970, and who are registered or licensed by the State.
(j) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) shall be deemed compliance with this section. Crimes and Punishments Art. 27, Sec. 281.
(a) (1) In this section the following terms have the meanings indicated.
(2) Drug trafficking crime means:
(i) Any felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under sections 286 and 286A of this article; or
(ii) Conspiracy to commit any felony involving possession, distribution, manufacture, or importation of a controlled dangerous substance under sections 286 and 286A of this article.
(3) Firearm silencer or muffler means any device that is designed for silencing, muffling, or diminishing the report of a firearm including any combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.
(b) During and in relation to any drug trafficking crime, a person who possesses a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime or who uses, wears, carries, or transports a firearm is guilty of a separate felony and on conviction shall, in addition to the sentence provided for the drug trafficking crime, be sentenced as follows:
(1)(i) For a first offense, for a term of not less than 5 nor more than 20 years.
(ii) It is mandatory upon the court to impose no less than the minimum sentence of 5 years, no part of which may be suspended and the person may not be eligible for parole except in accordance with the provisions of Art. 31B, sec. 11 of the code; and
(2)(i) For a second or subsequent offense, for a term of not less than 10 nor more than 20 years.
(ii) It is mandatory upon the court to impose no less than a minimum consecutive sentence of 10 years, no part of which may be suspended and the person may not be eligible for parole except in accordance with the provisions of Art. 31B, sec. 11 of the code.
(iii) The sentence shall be served consecutively and not concurrently to any other sentence imposed by virtue of the commission of the drug trafficking crime.
(c) The minimum mandatory sentence provided in subsection (b) (1) and (2) of this section shall be doubled if the firearm is:
(1) any firearm listed in subsection 36h-1 or subsection 441 of this article;
(2) A machine gun; or
(3) equipped with a firearm silencer or muffler.
(d)(1) Any firearm or ammunition seized under this section is contraband and shall be summarily forfeited.
(2) If the owner or possessor of property seized under this section is acquitted or the charges against the person are dismissed, the seized property shall be returned to the owner or possessor within 90 days if not otherwise prohibited by law unless forfeiture proceedings have commenced.
(3) If the state enters a nolle prosequi against the owner or possessor of property seized under this section and does not charge the person within 90 days after the nolle prosequi is entered, the seized property shall be promptly returned to the owner or possessor if not otherwise prohibited by law. Art. 27, Sec. 281A.
See Art. 27, Sec. 283.
(a) Schedule II drugs.--Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled dangerous substance included in Schedule II, which is a prescription drug as determined under the Health-Environmental Article, may be dispensed without the written prescription of a practitioner. Provided, that in emergency situations, as prescribed by the Department by regulation, such drug may be dispensed upon oral prescription reduced promptly to writing and filed by the pharmacists, if such oral prescription is authorized by federal law. Prescriptions shall be retained in conformity with the requirements of § 282 of this subheading, as amended from time to time. No prescription for a Schedule II substance may be refilled.
(a-1) Methadone.--No practitioner shall dispense methadone, directly or by prescription, unless he is associated with a controlled drug therapy program sanctioned by the Alcohol and Drug Abuse Administration of the Department, or unless an emergency or medical situation, as prescribed by the Department by regulation, in cooperation with the medical and chirurgical faculty of Maryland, exists.
(b) Schedules III and IV drugs.--Except when dispensed directly by a practitioner, other than a pharmacists, to an ultimate user, no controlled dangerous substance included in Schedule III and IV which is a prescription drug as determined under the Health-Environmental Article, may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner.
(c) Schedule V substances.--No controlled dangerous substances included in Schedule V may be distributed or dispensed other than for a medical purpose; and in addition to compliance with the provisions of this subheading and the federal requirements, any such practitioner shall upon dispensing any such controlled dangerous substance securely affix to the container thereof, in addition to any other label already affixed thereto, a label bearing the dispenser's name and signature, his registry number, the date on which dispensed, and the purchaser's name. Art. 27, Sec. 285.
(a) Except as authorized by this subheading, it is unlawful for any person:
(1) to manufacture, distribute, or dispense, or to possess a controlled dangerous substance in sufficient quantity to reasonably indicate under all circumstances an intent to manufacture, distribute, or dispense, a controlled dangerous substance;
(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance;
(3) To manufacture, distribute, or possess any punch, die, plate, stone, or any other equipment which is designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit controlled dangerous substance;
(4) To manufacture, distribute or possess any machine, equipment, instrument, implement, device or combination thereof which is adopted for the production of controlled dangerous substances under circumstances which reasonably indicate an intention to use such item or combination thereof to produce, sell, or dispense any controlled dangerous substance in violation of the provisions of this subheading;
(5) to keep or maintain any common nuisance which means any dwelling house, apartment, building, vehicle, vessel, aircraft, or any place whatever which is resorted to by drug abusers for purposes of illegally administering controlled dangerous substances or which is used for illegal manufacture, distribution, dispensing, storage or concealment of controlled dangerous substances or controlled paraphernalia, as defined in section 287 (d) of this subheading ;or
(6) To possess, pass utter, make, or manufacture a false, forged, or altered prescription or prescriptions for a controlled dangerous substance with the intent to distribute the controlled dangerous substance. Information communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of the provisions of this item shall not be deemed a privileged communication.
(b) any person who violates any of the provisions of subsection (a) of this section with respect to:
(1) A substance classified in Schedules I or II which is a narcotic drug is guilty of a felony and is subject to imprisonment for not more than 20 years, or a fine of not more than $25,000, or both.
(2) Phencyclidine, I--(I--phenylcyclohexyl) piperidine, I--phenyl-cyclohexylamine, or I--piperidinocyclohexanecarbonitrile, classified in Schedule II, or n-ethyl-I--phenylc yclohexylamine, I--(I--phenylcyclohexyl)-pyrrolidine, I--(K--(2-thienyl) cyclohexyl)-piperidine, or lysergic acid diethylamide classified in Schedule I, is guilty of a felony and is subject to imprisonment for not more than 20 years, or a fine of nor more than $20,000 or both.
(3) Any other controlled dangerous substance classified in Schedule I, II, III, IV, or V shall, upon conviction, be deemed guilty of a felony and sentenced to a term of imprisonment for not more than 5 years or a fine of nor mote than $15,000, or both. Any person who has previously been convicted under this paragraph shall be sentenced to imprisonment for not less than 2 years. The prison sentence of a person sentenced under this paragraph as a repeat offender may not be suspended to less than 2 years, and the person may be paroled during that period only in accordance with Article 31B, II of the Code.
(c)(1) any person who has previously been convicted under subsection (b)(1) or subsection (b)(2) of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section shall be sentenced, on being convicted a second time a person who is convicted under subsection (b)(1) or subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or (b)(2) of this section shall be sentenced to imprisonment for nor more than 10 years if the person previously has been convicted:
(I) Under subsection (b)(1) or subsection (b)(2) of this section;
(II) of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section; or
(III) of an offense under the laws of another state, the District of Columbia, or the United States that would be a violation of subsection (b)(1) or subsection (b)(2) of this section if committed in this state.
(2) The prison sentence of a person sentenced under subsection (b)(1) or subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section or any combination of these offenses, as a second offender may not be suspended to less than 10 years, and the person may be paroled during that period only in accordance with Article 31B, II of the Code.
(3) This subsection does not prevent, prohibit, or make ineligible a convicted defendant from participating in the rehabilitation program under Title 9, Subtitle 5 of the Health-General Article, because of the length of sentence, if imposed under subsection (b)(1) of this section.
(d)(1) A person who is convicted under subsection (b)(1) or subsection (b)(2) of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section shall be sentenced to imprisonment for the term allowed by law, in any event, not less than 25 years if the person previously:
(I) Has served at least 1 term of confinement of at least 180 days in a correctional institution as a result of a conviction of a previous violation of this section or subsection 286a of this article; and
(II) has been convicted twice, where the convictions do not arise from a single incident:
1. Under subsection (b)(1) or subsection (b)(2) of this section;
2. of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section;
3. of an offense under the laws of another state, the District of Columbia, or the United States that would be a violation of subsection (b)(1) or subsection (b)(2) of this section if committed in this state; or
4. of any combination of these offenses.
(2) Neither the sentence required under paragraph (1) of this subsection nor any part of it may be suspended, and the person may not be eligible for parole except in accordance with Article 31B, § II of the Code.
(3) A separate occasion shall be considered one in which the second or succeeding offense is committed after there has been a charging document filed for the preceding offense.
(e)(1) a person who is convicted under subsection (b)(1) or subsection (b)(2) of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section shall be sentenced to imprisonment for the term allowed by law, but in any event, not less than 40 years if the person previously has served 3 separate terms of confinement as a result of 3 separate convictions:
(I) under subsection (b)(1) or subsection (b)(2) of this section;
(II) of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section;
(III) of an offense under the laws of another state, the District of Columbia, or the United States that would be a violation of subsection (b)(1) or subsection (b)(2) of this section if committed in this state; or
(IV) of any combination of these offenses..
(2) Neither the sentence required under paragraph (1) of this subsection nor any part of it may be suspended, and the person may not be eligible for parole except in accordance with Article 31B, § II of the Code.
(f)(1) If a person violates subsection (a)(1) of this section and the violation involves any of the following controlled dangerous substances, in the amounts indicated, the person is subject to the penalties provided in paragraph (3) of this subsection upon conviction:
(i) 50 pounds or more of marijuana;
(ii) 448 grams or more of cocaine or 448 grams or more of any mixture containing a detectable amount of cocaine;
(iii) 50 grams or more of cocaine base commonly known as "crack";
(iv) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium or any mixture containing 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(v) 1,000 dosage units of Lysergic Acid Diethlyamide or any mixture containing the equivalent of 1,000 dosage units of Lysergic Acid Diethylamide;
(vi) 16 ounces or more of Phencyclidine in liquid form or 448 grams or more of any mixture containing Phencyclidine; or
(vii) 448 grams or more of Methamphetamine or any mixture containing 448 grams or more of Methamphetamine.
(2) For purposes of determining the quantity of a controlled dangerous substance under paragraph (1) of this subsection, the quantity of controlled dangerous substances involved in individual acts of manufacturing, distribution, dispensing, or possessing with intent to distribute may be aggregated if each aggregate act of manufacturing, distribution, dispensing, or possession with the intent to distribute occurred within a period of 90 days.
(3)(i) A person convicted of violating paragraph (1) of this subsection is guilt of a felony and shall be sentenced as otherwise provided for in this, section, except that it is mandatory upon the court to impose no less than 5 years imprisonment, and neither that term of imprisonment nor any part of it may be suspended.
(ii) The person may not be eligible for parole except in accordance with Art. 31B, Sec. 11 of the code.
(g)(1) In this subsection, DRUG KINGPIN means a person who occupies a position of an organizer, supervisor, financier, or manager as a coconspirator in a conspiracy to manufacture, distribute, dispense, bring into, or transport in the state controlled dangerous substances.
(2) A drug kingpin who conspires to manufacture, distribute, dispense, bring into, or transport in the state controlled dangerous substances in one or more of the amounts described under subsection (f) of this section is guilty of a felony and on conviction is subject to:
(i) imprisonment for not less than 20 nor more than 40 years without the possibility of parole, and it is mandatory on the court to impose no less than 20 years' imprisonment, no part of which may be suspended; and
(ii) A fine of not more than $1,000,000.
(3) The provisions of sec. 641 of this Art. are not applicable to a conviction under this subsection.
(4) Notwithstanding any other provision of this subheading, a conviction under this subsection does not merge with the conviction for any offense which is the object of the conspiracy.
(5) Nothing contained in this subsection prohibits the court from imposing an enhanced penalty under sec. 293 of this article. This subsection may not be construed to preclude or limit any prosecution for any other criminal offense.
(6) It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in this state solely for ultimate distribution or dispensing in another jurisdiction. Art. 27, Sec. 286.
(a) a person who brings into this State any of the following controlled dangerous substances which it is unlawful for that person to possess, in the amount indicated, upon conviction, is subject to the penalty provided in subsection (b) of this section:
(1) 100 pounds or greater of marijuana;
(2) 28 grams or greater of cocaine or any mixture containing 28 grams or greater of cocaine;
(3) 4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(4) 1,000 dosage unites of lysergic acid diethylamide or any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(5) 28 grams or more of phencyclidine in liquid or powder form or 112 grams or more of any mixture containing phencyclidine;
(6) 1,000 dosage units or more of methaqualone;
(7) 28 grams or more of methamphetamine or any mixture containing 28 grams or more of methamphetamine; or
(8) 4 grams or more of fentanyl or a fentanyl analogue.
(b) A person convicted of violating subsection (a) of this section is guilty of a felony and may be fined not more than $50,000 or imprisoned for not more than 25 years, or both fined and imprisoned in the discretion of the court. Art. 27, Sec. 286A.
For purposes of this section:
(a)(1) "Non-controlled substances" means any substance not classified as a controlled dangerous substance by State law or regulation.
(2) "Distribute" means the actual, constructive, or attempted transfer, exchange, or delivering of a non-controlled substance, other than by dispensing, from one person to another with or without remuneration, whether or not there exists an agency relationship.
(b) a person may not distribute, attempt to distribute, or possess with intent to distribute, any non-controlled substance intended by that person for use or distribution as a controlled dangerous substance or under circumstances where one reasonably should know that the non-controlled substance will be used or distributed for use as a controlled dangerous substance.
(d) For the purpose of determining whether this section has been violated, the court or other authority shall include in its consideration the following:
(1) Whether the non-controlled substance was packaged in a manner normally used for the illegal distribution of controlled substances;
(2) Whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable value of the non-controlled substance;
(3) Whether the physical appearance of the non-controlled substance is substantially identical to that of a controlled dangerous substance.
(e) In any prosecution brought under this section, it is not a defense to a violation of this section that the defendant believed the non-controlled substance to actually be a controlled dangerous substance.
(f) Any person who violates the provisions of this section with respect to the distribution, attempt to distribute, or possess with intent to distribute a non-controlled substance as a controlled dangerous substance, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 5 years, or a fine of not more than $15,000 or both. Art. 27, Sec. 286B.
(a) A person may not hire, solicit, engage, or use a minor, in any manner, for the purpose manufacturing, distributing or delivering, on behalf of that person, any controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute, unless the manufacturing, delivery or distribution has a lawful purpose.
(b) Any person who violates this section is guilty of a felony and, upon conviction, shall be sentenced to imprisonment for up to 20 years, or fined up to $20,000, or both. Art. 27, Sec. 286C.
(a) A person who manufactures, distributes, dispenses, or possess with intent to distribute a controlled dangerous substance in violation of section 286(a)(1) of this subheading, or who conspires to commit any of these offenses, is guilty of a felony if the offense occurred:
(1) In, on, or within 1,000 feet of any real property owned by or leased to any elementary school, secondary school, or school board, and used for elementary or secondary education, as defined under section 1-101 of the Education Article, regardless of whether:
(i) School was in session at the time of the offense; or
(ii) the real property was being used for other purposes besides school purposes at the time of the offense; or
(2) On a school vehicle, as defined under section 11-154 of the Transportation Article.
(b)(1) A person who violates this section shall, on conviction, shall be subject to the following penalties:
(i) For a first offense, imprisonment for not more than 20 years or a fine of not more than $20,000 or both; or
(ii) For a second or subsequent offense, imprisonment for not less than 5 or more than 40 years or a fine of not more than $40,000, or both. It is mandatory for the court to impose a minimum sentence of 5 years, which may not be suspended, and a person is not eligible for parole during that period, except in accordance with Article 31B, Sec. 11 of the code.
(2) A sentence imposed under this subsection shall be served consecutively to any other sentence imposed.
(c) Notwithstanding any other provision of law, a conviction arising under this section may not merge with a conviction for a violation of sec. 286 or sec. 286C of this subheading.
(d)(1) In a prosecution under this section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 foot of the property of a public or nonpublic elementary or secondary school that is used for school purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima facia evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area.
(2) A map approved under this section may be revised from time to time by the governing body of the municipality or county.
(3) The original of every map approved or revised under this section, or a true copy, shall be maintained as an official record of the municipality or county.
(4) This section does not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense.
(5) This section does not preclude the use or admissibility of map or diagram other than the one which has been approved by the municipality or county. Art. 27, Sec. 286D
(a) A person may not transport, carry, or otherwise bring a minor into the state for the purpose of using the minor in the commission of a violation of subsections 286, 286a, 286b, 286c, or subsection 286d of this subheading.
(b) A person who violates this section is guilty of a felony and on conviction is subject to a fine of up to $20,000 or imprisonment for up to 20 years or both. Art. 27, 286E.
Except as authorized by this subheading, it is unlawful for any person:
(a) To possess or administer to another any controlled dangerous substance, unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice.
(b) To obtain or attempt to obtain controlled dangerous substance or controlled paraphernalia or to procure or attempt to procure the administration of any controlled dangerous substance by (1) fraud, deceit, misrepresentation or subterfuge, or (2) by the forgery or alteration of a prescription or a written order, or (3) by the concealment of any material fact or by the use of false name or address, or (4) by falsely assuming the title of or representing himself to be a manufacturer, distributor, or practitioner, or (5) by making or uttering any false or forged prescription or written order.
Information communicated to a physician in an effort to obtain controlled dangerous substances or controlled paraphernalia in violation of the provisions of this subsection shall not be deemed a privileged communication.
(c) To affix any false or forged label to a package, container, or other receptacle containing any controlled dangerous substance, or to omit, remove, alter, or obliterate any label or symbol on any such controlled dangerous substance as required by federal, State, or local law.
(d) To possess or distribute controlled paraphernalia which shall mean:
(i) A hypodermic syringe, needle or other instrument or implement or combination thereof adapted for the administration of controlled dangerous substance by hypodermic injections under circumstances which reasonably indicate an intention to use such controlled paraphernalia for purposes of illegally administering any controlled dangerous substance.
(ii) Gelatin capsules, glassine envelopes or any other container suitable for the packaging of individual quantities of controlled dangerous substances in sufficient quantity to and under circumstances which reasonably indicate an intention to use any such item for the illegal manufacture, distribution, or dispensing of any such controlled dangerous substance. Evidence of such circumstances shall include but nor be limited to close proximity of such controlled paraphernalia to any adulterants or equipment commonly dangerous substances, such as but not limited to any of the following: scales, sieves, strainers, measuring spoons, staples and staplers, or procaine hydrochloride, mannitol, lactose, quinine, or any controlled dangerous substance,
(iii) Lactose, quinine, mannite, dextrose, sucrose, procaine, hydrochloride or any other substance suitable as a diluent or adulterant in sufficient quantity and under such circumstance which reasonably indicate an intention to use any such substance for the illegal manufacture, distribution or dispensing of any controlled substance. Evidence of such circumstances shall include but not be limited to close proximity of any such controlled paraphernalia to any other adulterants, diluents or equipment commonly used in the illegal manufacture and distribution of controlled substances, such as but not limited to any of the following; scales, sieves, strainers, measuring spoons, staple and staplers, glassine envelopes, gelatin capsules or any controlled substance.
(e) Any person who violates this section shall, upon conviction, be deemed guilty of a misdemeanor and be sentenced to a term of imprisonment for not more than four (4) years, a fine of more than twenty-five thousand dollars ($25,000), or both; provided however, that any such person convicted to a violation of this section involving the use or possession of marijuana shall be punished by a period of imprisonment nor to exceed one (1) year or by a fine not to exceed $1,000.00, or both. Art. 27, Sec. 287.
(a) Definition--As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this subheading. It includes but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled dangerous substance;
(4) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled dangerous substances.
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled dangerous substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled dangerous substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled dangerous substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled dangerous substances;
(10) Containers and other objects used, intended for use, or designed for use in storing concealing controlled dangerous substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled dangerous substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips; Meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small to too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs;
(xiii) Ice pipes or chillers.
(b) Factors in determining whether object is drug paraphernalia.--In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1 ) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object under any State or federal law relating to any controlled dangerous substance;
(3) The proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;
(4) The existence of any residue of controlled dangerous substances on the object;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object; to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of the owner, or of any one in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(6) Instructions, oral and written, provided with the object concerning its use;
(7 ) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community;
(13) Expert testimony concerning its use.
(c) Use or possession with intent to use--It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal a controlled dangerous substance in violation of this subheading. Any person who violates this subsection is guilty of a misdemeanor and upon conviction for a first offense may be fined not more than $500. A person who is convicted of a subsequent violation of this subsection may be imprisoned for not more than 2 years or fined not more than $2,000 or both. Any person convicted of violating this subsection who previously has been convicted of violating subsection (d)(2) shall be subject to the same penalties specified for subsequent violations of this subsection.
(d)(1) It is unlawful for any person to advertise in any newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by radio, television or sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale or delivery of drug paraphernalia.
(2) Any person who violates this subsection is guilty of a misdemeanor and upon conviction for a first offense may be fined not more than $500. A person who is convicted of a subsequent violation of this subsection may be imprisoned for not more than 2 years of fined not more than $2,000, or both. Art. 27, Sec. 287A.
(a) In this section, "noncontrolled substance" means any substance not classified as a controlled dangerous substance by state law or regulation.
(b) except as authorized by this subheading, it is unlawful for any person to possess or purchase a noncontrolled substance that the person reasonably believes to be a controlled dangerous substance.
(c) If the person reasonably believed the noncontrolled substance was a controlled dangerous substance, it is not a defense to a prosecution under this section that the noncontrolled substance the person possessed or purchased was not a controlled dangerous substance.
(d) for purposes of determining whether this section has been violated the court shall include in its consideration the following:
(1) Whether the noncontrolled substance was packaged in a manner normally used for the illegal distribution of controlled dangerous substances;
(2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
(e) Any person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 tear or both. Art. 27, Sec.287B.
(a) It shall not be lawful for any dealer, vendor or other person or body corporate engaged in the manufacture of cigars, cigarettes, tobacco, or smokeless tobacco, or in any occupation in which the buying or selling of said goods, wares and merchandise shall constitute the whole or any part of his, her, its or their occupation, to sell, barter or give any cigar or cigars, cigarette or cigarettes, smoking or chewing tobacco, or smokeless tobacco to an individual under the age of 18 years, unless such individual is acting solely as the agent of his employer; nor shall it be lawful for any person not a dealer to purchase for any individual under the age of 18 years any cigar or cigars, cigarette or cigarettes, smoking or chewing tobacco, or smokeless tobacco.
(b) It is unlawful for any person to deliver or sell to a person under the age of 18 papers used to roll tobacco into cigarettes, commonly known as "Rolling Papers". Art. 27, Sec. 404.
(a) Except as authorized by the provisions of this subheading, it shall be unlawful for any person:
(1) Who is subject to the requirements of § § 281 through 284 of this subheading, as amended from time to time, to distribute or dispense a controlled dangerous substance in violation of § 284;
(2) Who is a registrant to manufacture, distribute, or dispense a controlled dangerous substance not authorized by his registration to another registrant or other authorized person;
(3) To omit, remove, alter, or obliterate a symbol required by the federal law;
(4) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this subheading;
(5) To refuse any entry into any premises or inspection authorized by this subheading;
(6) To keep or maintain as a registrant or as any other person authorized under this subheading any store, shop, warehouse, dwelling house, building, vehicle, boat, air craft, or any place whatever, which is resorted to by persons using controlled dangerous substances in violation of this subheading for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this subheading.
(b) Any person described hereinabove who violates this section is punishable by a civil fine of not more than fifty thousand dollars ($50,000). Provided, that if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally, such person shall be deemed guilty of a misdemeanor and punished by imprisonment, upon conviction, for not more than two (2) years or a fine of not more than one hundred thousand dollars ($100,000), or both.
(c) It is unlawful for any practitioner to prescribe, administer, manufacture, distribute, dispense, or possess any controlled dangerous substance or controlled paraphernalia except in the course of his regular professional duties, and in conformance with both the provisions of this subtitle and the standards of his particular profession relating to any such controlled dangerous substance or controlled paraphernalia. Any practitioner who violates any of the provisions of this subsection shall be subject to the penalties specified in subsection (b) of this section; and any controlled dangerous substances or controlled paraphernalia so manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of this subsection shall be deemed contraband. Art. 27, Sec. 288.
(a) It shall be unlawful for any person:
(1) Who is a registrant to distribute a controlled dangerous substance classified in Schedule I or II, in the course of his legitimate business, except pursuant to an order form as required by § 284 of this subheading:
(2) To use in the course of the manufacture or distribution of a controlled dangerous substance a registration number which is fictitious, revoked, suspended or issued to another person.
(b) Any person who wilfully violates this section shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than ten (10) years, and/or a fine of not more than one hundred thousand dollars ($100,000), or both. Art. 27, Sec. 289.
Except as provided otherwise under this subheading, any person who attempts, endeavors or conspires to commit any offense defined in this subheading is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt, endeavor or conspiracy. Art. 27, Sec. 290.
(a) In this section "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.
(b) A person may not possess, own, carry, or transport a firearm if the person has been convicted of:
(1) a felony under this subheading;
(2) an offense under the laws of the United States, another state, or the District of Columbia that would be a felony under this subheading if committed in this state; or
(3) conspiracy or attempt to commit any of the offenses listed in paragraphs (1) and (2) of this subsection.
(c) A person who violates this section is guilty of a felony and shall, on conviction, be fined not more than $10,000 or imprisoned for not more than 5 years or both. Art. 27, Sec. 291A
(a) Any person convicted of any offense under this subheading is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both.
(b) For purposes of this section, an offense shall be considered a second or subsequent offense, if, prior to the conviction of the offense, the offender has at any time been convicted of any offense or offenses under this subheading or under any prior law of this State or any law of the United States or of any other state relating to the other controlled dangerous substances as defined in this subheading.
(c) Any person convicted of a second or subsequent offense under any law superseded by this subheading shall be eligible for parole, probation, and suspension of sentence in the same manner as those persons convicted under this subheading. Art. 27, Sec. 293.
(a) Issuance and execution of administrative inspection warrants shall be as follows:
(1) Any judge of this State may, within his jurisdiction, and upon proper oath or affirmation showing probable cause, as defined hereunder, issue warrants for the purpose of conducting administrative inspections authorized by this subheading or regulations thereunder, and seizures of property appropriate to such inspections. For the purposes of this section, "probable cause" means a valid public interest in the effective enforcement of the subheading or regulations sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.
(2) A warrant shall issue only upon a affidavit of an officer or employee duly designated and having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and, where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge to whom it shall be returned.
(3) A warrant issued pursuant to this section must be executed and returned within ten days of its date. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person executing the warrant. The judge, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(4) The judge who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the court from which the warrant was issued.
(b) The Department is authorized to make administrative inspections of controlled premises in accordance with the following provisions and to designate who may make seizures of property pursuant to the provisions of this section.
(1) For purposes of this section only, "controlled premises" means:
(a) Places where persons registered or exempted from registration requirements under this subheading are required to keep records; and
(b) Places including factories, warehouses, establishments, and conveyances where persons registered or exempted from registration requirements under this subheading are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled dangerous substance.
(2) When so authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the Department, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, shall have the right to enter controlled premises for the purpose of conducting an administrative inspection.
(3) When so authorized by an administrative inspection warrant, an officer or employee designated by the Department shall have the right;
(a) to inspect and copy records required by this subheading to be kept;
(b) To inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labelling found therein, and, except as provided in subsection (b)(5) of this section, all other things therein (including records, files, papers, processes, controls, and facilities) bearing on violation of this subheading; and
(c) To inventory any stock of any controlled dangerous substance therein and obtain samples of any such substance.
(4) The Department and its agents shall have authority to inspect without a warrant books and records pursuant to this subheading and to enter and conduct administrative inspections (including seizures of property) without a warrant:
(a) With the consent of the owner, operator, or agent in charge of the controlled premises;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and,
(e) In all other situations where a warrant is not legally required.
(5) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to:
(a) Financial data;
(b) Sales data other than shipment data; or
(c) Pricing data. Art. 27, Sec. 294.
See Art. 27, Sec. 297.
Upon the seizure of contraband coin and currency pursuant to §§ 264 and 297 of this article, the seizing authority shall cause it to be immediately photographed and record made specifying the quantity of each denomination of coin or currency seized. The photographs may be substituted for the coin and currency as evidence in a criminal or forfeiture proceeding.
The coin and currency when photographed and recorded shall immediately be deposited by the seizing authority to the account of the county treasurer or director of finance of Baltimore City, as the case be. Art. 27, Sec. 297A.
(a)(1) In this section the following words have the meanings indicated.
(2) "Controlled dangerous substance offense" means:
(i) an offense under this subheading; or
(ii) an offense committed in another jurisdiction that would be a crime under this subheading if committed in Maryland.
(3) "Financial transaction" means;
(i) a payment;
(ii) a purchase;
(iii) a sale;
(iv) a loan;
(v) a pledge;
(vi) a transfer;
(vii) a delivery;
(viii) a deposit;
(ix) a withdrawal; and
(x) an extension of credit or exchange of any monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in sec. 1-101(h) of the Financial Institution Article.
(4) "Monetary instrument" means:
(i) coins and currency of the United States or any other country;
(ii) bank checks;
(iii) travelers' checks;
(iv) money orders;
(v) investment securities; and
(vi) negotiable instruments.
(5) "Proceeds" means money or any other property with a value greater than $10,000.
(b)(1) Except for any financial transaction necessary to preserve a person's right to representation as guaranteed by the 6th amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a controlled dangerous substance offense or with the intent to conceal or disguise the nature, location, source, ownership or control of proceeds of a controlled dangerous substance offense:
(i) Receive or acquire proceeds knowing that the proceeds are derived from controlled dangerous substance offense;
(ii) engage in financial transactions involving proceeds knowing that the proceeds are derived from a controlled dangerous substance offense;
(iii) give, sell, transfer, trade, invest, conceal, transport or maintain an interest in proceeds knowing that the proceeds are derived from a controlled dangerous substance offense;
(iv) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a controlled dangerous substance offense; or
(v) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a controlled dangerous substance offense.
(2) notwithstanding any other provisions of law, for purpose of this section each financial transaction shall constitute a separate offense.
(c)(1) A person who violates this section is guilty of a felony and on conviction is subject to a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction or imprisonment not exceeding 5 years or both.
(2) A person convicted of a second or subsequent conviction of this section is subject to a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction or imprisonment not exceeding 10 years or both. Art.27, Sec.297B
(a) Burden of proof.--It shall not be necessary for the State to negate any exemption, proviso or exception set forth in this subheading in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this subheading, and the burden of proof of any such exemption, proviso or exception shall be upon the person claiming its benefit. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this subheading, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.
(b) No criminal liability shall be imposed by virtue of this subheading upon any duly authorized officer of the United States, the State or any political subdivision of this State, or upon any duly authorized police department civilian employee of the United States, this state, or any political subdivision of this State, engaged in the enforcement or prosecution of this subheading, who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled dangerous substances. Every such public official or employee may temporarily possess controlled dangerous substances or controlled paraphernalia incidental to the discharge of his official or employee duties.
(c) Standard governing arrest, search and seizure.-- Notwithstanding any other provision of law to the contrary, any violation of any provision of this subheading, shall be deemed to be a felony for purposes of arrest, search and seizure regardless of whether a defendant is subsequently charged with or convicted of a violation which amounts only to a misdemeanor.
(d) Use of hearsay evidence.--Notwithstanding any provision of law to the contrary, at any hearing relating to bail or sentencing arising out of any violation or alleged violation of any provision of this subheading, hearsay evidence shall be admissible if relevant to the issue and if the underlying circumstances upon which it is based and the reliability of the source of the information is demonstrated.
(e) Authority of State Police.--Notwithstanding any provision of law to the contrary, the State Police may initiate investigations and otherwise enforce the provisions of § 276 through 302 of this article throughout the State with out any limitation as to activities within municipal corporations or other subdivisions.
(f)(1) notwithstanding any provision of law to the contrary, law enforcement officers of the Maryland Transportation Authority police, the Maryland Port Administration police, any municipality, or county of this state may conduct investigations and otherwise enforce the provisions of sections 276 through 302 of this article throughout the state without any limitations as to jurisdiction, to the same extent as a police employee of the Department of State Police. This authority may only be exercised in accordance with regulations adopted by the Secretary of the Department of State Police. Such regulations are not subject to the provisions of Title 10, Subtitle 1 of the State Government Article.
(2) When acting under the authority granted in this subsection, the following notifications of an investigation or enforcement action shall be made:
(i) When in an incorporated municipality, to the chief of police, if any, or his designee;
(ii) When in a county which has a county police department, to the chief of police or his designee;
(iii) When in a county with out a police department, to the sheriff or his designee; and
(iv) When in Baltimore City, to the police commissioner or the police commissioner's designee.
(v) When on any property owned, leased, or operated by or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, to the respective chief of police or the chief's designee.
(3) When acting under the authority granted in this section, any law enforcement officer shall have all the immunities from liability and exemptions as that of a law enforcement officer of the Department of State Police in addition to any other immunities and exemptions to which the law enforcement officer may otherwise be entitled. Any law enforcement officers who use the authority granted in this section shall at all times and for all purposes remain an employee of their respective employing agency. Art. 27, Sec. 298.
see Art.27, Sec. 298A
(a) The Secretary of the Department of State Police may pay any person, from funds appropriated for the Department of State Police, Intelligence Division, for information concerning a violation of this subheading, a sum or sums of money he deems appropriate, without reference to any monies or reward to which the person may otherwise be entitled by law.
(b) Moneys expended from appropriations of the Department of State Police, Intelligence Division, for purchase of controlled dangerous substances and subsequently recovered shall be reimbursed to the current appropriation for that agency.
(c) The Secretary of the Department of State Police may advance funds in connection with the enforcement of this section. Art. 27, Sec. 299.
(a) Definition.--"Prescription drugs" shall mean and include any drug intended for use by man which, because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary for its use, bears a cautionary label warning against dispensing without a prescription under federal law or is designated by the Department as not safe for use except under the supervision of a practitioner licensed by law to administer such drugs. Provided that this term shall not mean any controlled dangerous substance as defined in this subheading.
(b) Dispensed only on prescription.--Any drug which bears a cautionary label warning against dispensing with out a prescription under federal law shall be dispensed only:
(i) Upon the written prescription of a practitioner licensed by law to administer such drugs, or
(ii) Upon the oral prescription of such practitioner, which shall be reduced to writing and filed by the pharmacist, or
(iii) By refilling any such written or oral prescription if such refilling is authorized by the prescriber, either in the original prescription or by oral direction. Such authorization must be reduced to writing and filed by the pharmacist.
(c) Label required.--Any prescription drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such drugs shall in addition to any requirements of the Department or federal law bear a label containing the name and address of the dispenser, the serial number and date of the prescription, the name of the prescriber, and, if stated in the prescription, the name and address of the patient, and the directions for use as contained in the written or oral prescription.
(d) Exempt sales.--The provisions of this subheading shall not apply to sales of prescription drugs made to registered practitioners of pharmacy, medicine, dentistry, or veterinary medicine, or to sales made by any manufacturer, wholesale druggist, or licensed pharmacist to another manufacturer, wholesale druggist, or licensed pharmacist or to a hospital or institution operating a dispensary in which a practitioner licensed by law to administer prescription drugs is in charge, providing records of such sales are maintained, and available for inspection, showing date of sale, name and address of purchasers, and quantity purchased.
(e) Applicability of section generally; advertising drugs.--(1) Generally the provisions of this section shall apply to the sale by any manufacturer, wholesale druggist, retail pharmacist, or jobber of prescription drugs, to any person, other than those legally qualified and authorized to purchase and hold same for use or resale, and to any practitioner's assistant who is not legally licensed to administer prescription drugs.
(2) No person shall be permitted to advertise through any media other than a professional or trade publication any controlled dangerous substance or prescription drug by either its "trade name" or by its generic or formulary name.
(f) Drugs, devices or supplies used for farm animals, etc.; seeds, feed, fertilizers, insecticides, etc., drugs for which prescription not required.--The provisions of this subsection shall not apply to the distribution of prescription drugs, as defined in this section, devices or supplies of any kind whatsoever for the treatment, care or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities, providing further that the provisions of this subheading shall not apply to the sale or offering for sale, or distribution of seeds, feed of livestock and poultry, fertilizers, lime, land plaster, fungicides and insecticides, nor to apply to any drug which on June 1, 1961, may be sold without a prescription.
(g) Rules and Regulations.--The Department is hereby authorized to promulgate necessary regulations and interpretations, not inconsistent with the law, for the administration and enforcement of this section.
(g-1) Manufacture, distribution, etc.; obtaining by fraud, forgery, concealment, etc.; forging, altering or obliterating label.--Except as authorized by this subheading it is unlawful for any person to:
(1) Manufacture, distribute, or possess with intent to distribute a prescription drug.
(2) Obtain or attempt to obtain a prescription drug by (i) fraud, deceit, misrepresentation, or subterfuge, (ii) the forgery or alteration of a prescription or a written order, (iii) the concealment of any material fact or the use of false name or address, (iv) falsely assuming the title of or representing himself to be a manufacturer, distributor or practitioner, or (v) making or uttering any false or forged prescription or written order.
(3) Affix any false or forged label to a package, container, or other receptacle containing any prescription drug, or to omit, remove, alter, or obliterate any label or symbol on a prescription drug as required by federal, State, or local law.
(h) Penalty of violation of this section.--Any person who violates any of the provisions of this section, or refuses, neglects or fails to comply with the provisions and requirements thereof, or who obtains or possesses a prescription drug in violation of this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars ($1,000) and/or imprisoned for not more than two (2) years, or both.
(i) Compounding or selling different drug, controlled dangerous substance, medicine, etc., from one called for.-- Any person or corporation engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or compounding or dispensing physicians' prescriptions, who shall, in person or by his or its agents or employees, or as agent or employee of some other person, knowingly sell or deliver to any person a drug, medicine, chemical, or preparation for medicinal use, recognized or authorized by the latest edition of the United States Pharmacopoeia and National Formulary, or prepared according to the private formula of some individual or firm, other or different from the prescription drug, controlled dangerous substances, medicine, chemical or preparation, ordered or called for by such person, or called for in a physician's or other authorized prescriber's prescription, except as authorized under § 12-508 of the Health Occupations Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by not less than one month nor more than 12 months' imprisonment, or by both, and any person so convicted shall forfeit the right to practice pharmacy under any certificate or registration issued under the laws of this State.
(j) Unsolicited mailing of certain drugs, controlled dangerous substances, medicines, etc.--It shall be unlawful for any person, persons, firm or corporation to mail any prescription drug, controlled dangerous substances, medicines, etc. as defined in this subheading or by bulk mailing to "Resident," "Occupant," or to a named addressee who has not requested that such prescription drug, controlled dangerous substances, medicines, etc. be mailed to him. Any person, or if a firm or corporation, it and all its agents, who shall violate any of the provisions of this subsection shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment in jail not to exceed six months, or by both fine and imprisonment. The provisions of this subsection shall not apply to the mailing of drugs to those persons, institutions or corporations who under the laws of Maryland are permitted to disburse, prescribe or administer such drugs. Art. 27, Sec. 300.
A public or common nuisance is a thing that works injury or annoyance to the general public. The term is also applied to any illegal act or omission that causes or in its necessary consequences tends to cause such injury and annoyance.
Within the classification of public nuisances are the following: various acts affecting public health, comfort and safety; non-repair and obstruction of highways; various acts of disorder, scandal and indecency, blasphemy and profanity; the keeping of disorderly houses.
It is no defense to the charge of maintaining a public nuisance that it is of long standing, or that others of like kind are common or tolerated. Hochheimer, Sec. 92.
(1) "Matter" means any book magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation of any statue of any figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or materials.
(2) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(3) "Distribute" means to transfer possession of, whether with or without consideration.
(4) "Knowingly" means having knowledge of the character and content of the subject matter. Art. 27, Sec. 417.
Any person who knowingly sends or causes to be sent, or brings or causes to be brought, into this State for sale or distribution, or in this State prepares, publishes, prints, exhibits, distributes, or offers to distribute, or has in his possession with intent to distribute or to exhibit or offer to distribute, any obscene matter is guilty of a misdemeanor. Art. 27, Sec. 421.
The prohibitions and penalties imposed in this subtitle shall not extend to persons having bona fide scientific, educational, governmental, or other similar justification for possessing such matter, or to distributions thereof pursuant to such justification. Art. 27, Sec. 423.
Violation of this subtitle is punishable upon conviction by fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed one year, or both. Any subsequent conviction of a violation of this subtitle is punishable by a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment not to exceed three years or both. Art. 27, Sec. 424. See also Minors--Obscene Matter.
(a)(1) "Off-road vehicle" means in this section, except as provided in paragraph (2) of this section:
(i) A vehicle as defined in Section 11-176 of the Transportation Article; or
(ii) Any motorized vehicle designed for or capable of crosscountry travel on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain and includes, but is not limited to four-wheel drive or low-pressure-tire vehicles, motorcycles and related two-wheel vehicles, amphibious machines, ground-effect, or air-cushion vehicles.
(2) "Off-road vehicle" does not include any boat, military, fire or law-enforcement vehicle, farm type tractors and other agricultural equipment used for agricultural purposes or earth moving, or construction equipment while used for those purposes, lawn mowers, snowblowers, garden or lawn tractors or golf carts while being used for their designated purpose.
(b)(1) Except when traveling on clearly designated private driveways, a person may not operate or use an off-road vehicle on private property unless the person has in his possession the written permission of the owner or tenant of the property.
(2) Except as permitted by law, a person may not operate or use an off-road vehicle on property owned or leased by the State or any other of its political subdivisions.
(3) Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction is subject to a fine not exceeding $250. Art. 27, Sec. 578.
(b) The Secretary shall promulgate rules and regulations regarding equipment standards and the operation of off-road vehicles by type, as defined in § 10-410(d) of this article, on property owned or controlled by the department. He shall conduct appropriate studies, and, by January 1, 1975 shall designate and identify areas for use by the general public for operation of motorcycles, snowmobiles and other off-road vehicles on that property exclusive of wildlife management areas or state fisheries management areas to the extent such use is compatible with the character and establish uses of property controlled by the department. Prior to March 31, 1976, every offroad vehicle to be used on Department of Natural Resources land shall be registered and provided suitable identification by the Department of Natural Resources, which shall charge an annual uniform fee for all registrants, revenues derived from which shall be used to acquire and maintain areas for off-road vehicle use by the general public. Any property to be acquired or designated for offroad vehicle use shall be subject to a public hearing held in the county or counties wherein the property is situated. However, no off-road vehicle may be permitted where its operation will damage the wildland character of the property or where the noise from its operations will be audible at or interfere with the use of a picnic or camping area open to public use. Natural Resources Art., Sec. 5-209.
(a) It shall be unlawful for any person to place or cause to be placed upon any property of the State, county, city or town, or upon any property in which the person or persons have no right, title, interest, or estate, any political poster, placard, picture, sign, transparency, or a advertisement.
(b) Any person or persons so doing shall, upon conviction thereof, be fined not more than $50 nor less than $10 and costs.
(c) The requirements of this section apply only in the following counties:
(1) Allegany County
(2) Anne Arundel County
(3) Baltimore County
(4) Carroll County
(5) Charles County
(6) Harford County
(7) Howard County
(8) Prince George's County
(9) Queen Anne's County
(10) Washington County
(11) Worcester County
(12) Wicomico County
Art. 27, Sec. 452.
Every person, his aiders, advisers or abettors who shall be convicted of the crime of attempting to poison another shall be sentenced to undergo confinement in the penitentiary two to ten years. Art. 27, Sec. 450.
Every person, his aiders and abettors who knowingly and wilfully poisons, defiles or in any way corrupts or contaminates the waters of any well, spring, lake, pond, stream, river, reservoir or other source of water supply, or any tributary thereof, used or usable for drinking or domestic purposes, by means of disease germs or bacteria, or the insertion of any poison or poisonous matter therein, or attempts to do so, or connives or conspires thereat; and every person, his aiders and abettors, who by like means, knowingly and wilfully poisons, defiles or in any way corrupts or contaminates any drink, food or food products, or supply, or attempts to do so, or conspires or connives thereat, shall be guilty of a felony, and upon conviction there of, shall be subject to imprisonment in the penitentiary for not more than twenty years. Art. 27, Sec. 451.
Each person appointed under this subtitle as a special policeman is charged with the protection and preservation of peace and good order on the property described in the application for the commission. He has the power to arrest persons who trespass or commit offenses thereon. He has, and may exercise, the powers of a police officer upon the property described in the application for the commission and may exercise these powers in any county or city of the State in connection with the care, custody, and protection of other property of the requesting authority or other property, real or personal, for which it has assumed an obligation to maintain or protect. In order to facilitate the orderly ingress and egress of traffic to and from the property described in the application, he has authority to direct and control traffic on public highways and roads adjacent to and in the immediate vicinity of the property described in the application when this activity is approved in advance by the Secretary of the Department of State Police; however, only a special policeman with a probationary or permanent appointment as a security officer or a member of any industrial police force who holds a special police commission, and has completed the basic training course for police officers as established by the Police Training Commission, pursuant to Section 70A of this Article may make arrests or issue traffic citations for violations of any of the provisions of the Maryland Vehicle Law or any other State or local traffic laws or regulations. He may exercise this power only upon the property of his employer as described in the application for the commission unless he is in active pursuit of an individual for the purpose of immediate apprehension. He is responsible for any abuse of his powers or the exercise of them on property not within his jurisdiction. The requesting authority for whose convenience and protection the policeman has been appointed is also responsible for any wrongful actions committed by him in the course of his duties as well as any abuse of the powers granted by the Commission either on or off the premises. Article 41, Sec. 4-905.
(a) By action as in the regular routine for legislative enactments, the county executive and the county council of a charter county or the county council in those charter counties where there is not a county executive, the board of county commissioners of a county, and the mayor and council (by whatever name known) of a municipal corporation, acting as the governing body thereof, may determine the circumstances under which the policemen and other officers, agents and employees of the county or municipal corporation, together with all necessary equipment, may lawfully go or be sent beyond the territorial limits of the county or municipal corporation, as the case may be, to any point within or without the State of Maryland. Art. 27, Sec. 602B.
It is unlawful for any person to resist or in any manner hinder or prevent a public officer in the lawful execution of his duty, knowing him to be such officer. Penalty, fine or imprisonment, or both. (Common Law offense.) Desty, Criminal Law, Sec. 76, Carwell v. State 2 Md. Appl. 45, 1 Md, Appl. 586.
It is a misdemeanor for any baggage master or other person, whose duty it is to handle baggage in transportation, willfully or recklessly to injure or destroy the trunk, valise, box, package or parcel handled by them. Penalty, fine not exceeding $50. Art. 27, Sec. 117.
(a) Any person who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of another shall be deemed guilty of a misdemeanor.
(b) If the amount of damage to the property defaced, destroyed, injured, or molested has a value of less than $300, the person who violates this section, on conviction, is subject to a fine not exceeding $500 or imprisonment not exceeding 60 days or both.
(c) If the amount of damage to the property defaced, destroyed, injured, or molested has a value of $300 or more, the person who violates this section, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years or both. Art. 27, Sec. 111.
Any person who willfully throws, shoots or propels a rock, stone, brick, or piece of iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, at or into a vehicle or instrumentality of transportation that is occupied by one of more persons is guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding five hundred dollars ($500.00), or to undergo imprisonment not exceeding one (1) year or both, at the discretion of the court.
In Baltimore City, the Municipal Court and Criminal Court shall have concurrent jurisdiction to try persons charged with this offense. Art. 27, Sec. 111B.
Art. 27, Sec. 111A.
Every person, his aiders or abettors, who shall willfully and maliciously dynamite, blow up or otherwise wreck, destroy, injure or damage, in whole or in part, or attempt so to do, or conspire or connive thereat, any of the property hereinafter mentioned, shall be guilty of a felony and shall be subject to imprisonment not exceeding twenty years, or to fine not exceeding $10,000, or to both fine and imprisonment, provided, however that nothing in this Act shall apply to the crime of arson or any prosecution therefor. Art. 27, Sec. 119.
It is unlawful:
(a) To keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;
(b) To occupy any place, structure, building or conveyances for the purpose of prostitution, lewdness or assignation, or for any person to permit any place, structure, building or conveyance owned by him or under his control to be used for the purpose of prostitution, lewdness, or assignation with knowledge or reasonable cause to know that the same is, or is to be, used for such purpose;
(c) To receive or to offer, or agree to receive any person into any place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation, or knowingly to permit any person to remain there for such purpose;
(d) To direct, take or transport, or to offer or agree to take or transport, any person to any place, structure, building or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;
(e) To procure or to solicit or to offer to procure or solicit for the purpose of prostitution, lewdness or assignation;
(f) To reside in, enter in any place, structure or building, or to remain in any conveyance, or for the purpose of prostitution, lewdness or assignation;
(g) To engage in prostitution, lewdness or assignation by any means whatsoever. Art. 27, Sec. 15.
The term "prostitution" shall be construed to mean the offering or receiving of the body for sexual intercourse for hire. The term "lewdness" shall be construed to mean any unnatural sexual practice. The term "assignation" shall be construed to include the making of any appointment, or engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement. Art. 27, Sec. 16.
Any person convicted of violating any of the provisions of § 15 shall be subject to a fine of not more than $500.00 or to confinement in or commitment to any penal or reformatory institution in this State for not more than one year, or both such fine and imprisonment in the discretion of the court; provided, that the sentence or any part thereof may be suspended and provided that the defendant may be placed on parole or probation. Art. 27, Sec. 17.
Any person who takes, places, harbors, inveighs, entices, persuades, encourages, either by threats or promise, or by any device or scheme takes or places or causes to be taken or placed any other person to any place against his or her will, for the purpose of prostitution or illegal sexual intercourse, or takes or detains any other person unlawfully against his or her will, with the intent to compel him or her by force, threats, persuasions, menace or duress, to marry him or her, or to marry any other person, or to be defiled, or any person who, being parent, guardian or having legal charge of another person, consents to his or her taking or detention by any person for the purpose of prostitution or illegal sexual intercourse, is guilty of pandering, and upon conviction shall be punishable by imprisonment for a term not more than 12 years, and fined not more than $5,000, in the discretion of the court. Art. 27, Sec. 426.
Any person who shall place any person in the charge or custody of anyone for immoral purposes, or in a house of prostitution with the intent that he or she shall live a life of prostitution, or any person who shall compel any person to reside with him or her or with any other person for immoral purposes, or for the purpose of prostitution, or compel him or her to live a life of prostitution, is guilty of pandering, and upon conviction shall be punished by a fine not less than $1,000 and imprisoned not more than ten years. Art. 27, Sec. 427.
Any person who shall receive any money or other valuable thing for or on account of procuring for or placing in a house of prostitution or elsewhere, any person for the purpose of causing him or her to engage in prostitution, lewdness, or assignation with any person or persons, shall be guilty of a felony, and upon conviction thereof shall be imprisoned for not more than ten years. Art. 27, Sec. 428.
Any person who, by force, fraud, intimidation or threats, places or leaves, or procures any other person or persons to place or leave his or her spouse in a house of prostitution or to lead a life of prostitution, shall be guilty of a felony, and up on conviction thereof shall be imprisoned for not more than ten years. Art. 27, Sec. 429.
Any person or persons who knowingly receive any money or other valuable thing "without lawful, actual bona fide consideration" from the earnings of any person engaged in prostitution shall be guilty of a felony, and upon conviction thereof shall be imprisoned for not more than ten years. Art. 27, Sec. 430.
Any person or persons who attempt to detain another person in a disorderly house or house of prostitution because of any debts or debts he or she has contracted or said to have contracted while living in the house, shall be guilty of a felony, and on conviction thereof shall be imprisoned for not more than 12 years. Art. 27, Sec. 431.
Any person who shall knowingly transport or cause to be transported or aid or assist in obtaining transportation for, by any means of conveyance through or across this State, any person for the purpose of prostitution, or with the intent and purpose to induce, entice or compel the person to become a prostitute, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned for not more than ten years; any person who may commit the crime in this section mentioned may be prosecuted, indicted, tried and convicted in any county or city in or through which he shall so transport or attempt to transport the other person. Art. 27, Sec. 432.
It is unlawful to cling, jump, step in or any other way get upon any locomotive, engine or car, whether the same be freight, passenger, coal or otherwise or upon any part of the track of any railroad unless in compliance with law or by permission under the rules and regulations of the railroad. Penalty or fine not exceeding $25 or imprisonment in jail or in the House of Correction for one month, or both fine and imprisonment, provided, however, if any such person shall be sentenced to the House of Correction, such railroad company or corporation in all cases where the same is not prohibited either by the laws of the State or of the United States, shall provide free transportation for such person or persons to said House of Correction, and also free transportation for not more than one officer in charge of such person or persons to said House of Correction and back to the place where such person or persons may have been tried and convicted; or if such person be a minor under eighteen years of age he may in the discretion of the Justice of the Peace or of the Court be committed to a reformatory institution for a period not to exceed two years. Justices have concurrent jurisdiction with the courts. Art. 27, Sec. 455.
It is a misdemeanor for any person, other than the authorized employees of any railroad company, to interfere with the signals by which the movements of trains of such railroads are governed, by giving what is known as a train signal to start any train when at rest, or to stop any train when in motion. Penalty, imprisonment in House of Correction or jail no more than six months. Art. 27, Sec. 456.
Whoever, without authority, removes from any railroad or railroad track, or right of way, over which locomotives, motors or cars are operated, or from any locomotive, motor or car, the bond-wires, nuts, bolts, anglebars, spikes, attachments, fastenings, switchstands, locks, feed wires, trolley wires or other appurtenances, or any part or attachment thereof, or any bonds, nuts, bolts, wires, fastenings, journal brasses, journal packing or parts attached or belonging thereto, which are necessary in the use or operation of said railway tracks, locomotives, motors or cars; or whoever without authority unlawfully removes or interferes with any brake, air brake hose, or any part of the air brake appliances on any locomotive, motor or car, or whoever without authority unlawfully has in his possession any of the aforesaid articles so removed, shall be imprisoned not more than five years in jail or House of Correction. Art. 27, Sec. 457.
Whoever shall willfully and maliciously shoot at or throw or cause to fall or strike against, into or upon any locomotive, motor, tender, or car, used upon any railroad or electric railway in this State, any wood, stone or other matter or thing, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or any court of competent jurisdiction shall be fined not less than $25 nor more than $100, or be subject to imprisonment for not more than one year in the county or city jail, or the House of Correction, or if such person be a minor under sixteen years of age he may in the discretion of such justice of the peace or court, be committed for not more than two years to any reformatory institution provided by law and authorized to receive minors so convicted. Art. 27, Sec. 458.
Whoever shall throw from any window, door or transom of any passenger or other car, while the same is in motion, any bottle or other article of glass, wood, metal or stone shall be fined not less than $25, nor more than $100, or be subject to imprisonment for not more than six months in the city or county jail, or the House of Correction. Art. 27, Sec. 459.
Any person, except a duly authorized agent of a railroad company, maintaining offices within this State who shall buy or sell or engage in the business of buying or selling railroad tickets, or the unused portion thereof, or who acts as vendor or broker of such ticket, or solicits for the buying and selling of such tickets, or who aids and abets in the buying and selling thereof, within this State shall be deemed guilty of a misdemeanor. Penalty, fine nor more than $100 or not more than six months imprisonment, or both. Each act of buying or selling shall be deemed a separate offense. Art. 27, Sec. 460.
(b) "Mentally defective" (1) means a victim who suffers from
mental retardation, or
(2) a victim who suffers from a mental disorder, either of which
temporarily or
permanently renders the victim substantially incapable of
appraising the nature of
his or her conduct or resisting the act of vaginal intercourse, a
sexual act, or sexual
contact, or of communicating unwillingness to submit to the act
of vaginal
intercourse, a sexual act, or sexual contact.
(c) "Mentally incapacitated" means a victim who, due to the
influence of a drug,
narcotic or intoxicating substance, or due to any act committed
upon the victim
without the victim's consent or awareness, is rendered
substantially incapable of
either appraising the nature of his or her conduct, or resisting
the act of vaginal
intercourse, a sexual act, or sexual contact.
(d) "Physically helpless" means (1) a victim who is unconscious;
or (2) a victim
who does not consent to an act of vaginal intercourse, a sexual
act, or sexual
contact, and is physically unable to resist an act of vaginal
intercourse, a sexual
act, or sexual contact or communicate unwillingness to submit to
an act of vaginal
intercourse, a sexual act, or sexual contact.
(e) "Sexual Act" means cunnilingus, fellatio, analingus, or anal
intercourse, but
does not include vaginal intercourse. Emission of semen is not
required.
Penetration, however slight, is evidence of anal intercourse.
Sexual act also means
the penetration, however slight, by an object into the genital or
anal opening of
another person's body if the penetration can be reasonably
construed as being for
the purposes of sexual arousal or gratification or for abuse of
either party and if the
penetration is not for accepted medical purposes.
(f) "Sexual Contact" as used in sections 464B and 464C, means the
intentional
touching of any part of the victim's or actor's anal or genital
area or other intimate
parts for the purposes of sexual arousal or gratification or for
abuse of either party
and includes the penetration, however slight, by any part of a
person's body, other
than the penis, mouth, or tongue, into the genital or anal
opening of another
person's body if that penetration can be reasonably construed as
being for the
purposes of sexual arousal or gratification or for abuse of
either party. It does not
include acts commonly expressive of familial or friendly
affection or acts for
accepted medical purposes.
(g) "Vaginal Intercourse" has its ordinary meaning of genital
copulation.
Penetration, however slight, is evidence of vaginal intercourse.
Emission of semen
is not required. Art 27, Sec. 461.
(a) Evidence relating to a victim's reputation for chastity and
opinion evidence
relating to a victim's chastity are not admissible in any
prosecution for commission
of a rape or sexual offense in the first or second degree.
Evidence of specific
instances of the victim's prior sexual conduct may be admitted
only if the judge
finds the evidence is relevant and is material to a fact in issue
in the case and that
its inflammatory or prejudicial nature does not outweigh its
probative value, and if
the evidence is:
(1) Evidence of the victim's past sexual conduct with the
defendant;
(2) Evidence of specific instances of sexual activity showing the
source of origin of
semen, pregnancy, disease, or trauma; or
(3) Evidence which supports a claim that the victim has an
ulterior motive in
accusing the defendant of the crime; or
(4) Evidence offered for the purpose of impeachment when the
prosecutor puts the
victim's prior sexual conduct in issue.
(b) Any evidence described in subsection (a) of this section, may
not be referred to
in any statements to a jury nor introduced at trial without the
court holding a prior
in camera hearing to determine the admissibility of the evidence.
If new information
is discovered during the courses of the trial that may make the
evidence described
in subsection (a) admissible the court may order an in camera
hearing to determine
the admissibility of the proposed evidence under subsection (A).
Art. 27, Sec.
461A.
(a) A person is guilty of rape in the first degree if the person
engages in vaginal
intercourse with another person by force or threat of force
against the will and
without the consent of the other person and:
(1) Employs or displays a dangerous or deadly weapon or an
article which the other
person reasonably concludes is a dangerous or deadly weapon;
or
(2) Inflicts suffocation, strangulation, disfigurement, or
serious physical injury upon
the other person or upon any one else in the course of committing
the offense;
or
(3) Threatens or places the victim in fear that the victim or any
person known to
the victim will be imminently subjected to death, suffocation,
strangulation,
disfigurement, serious physical injury, or kidnapping; or
(4) The person commits the offense aided and abetted by one or
more other
persons; or
(5) The person commits the offense in connection with the
breaking and entering
of a dwelling house.
(b) Any person violating the provisions of this section is guilty
of a felony and upon
conviction is subject to imprisonment for no more than the period
of his natural life.
Article 27, Section 462.
(a) a person is guilty of rape in the second degree if the person
engages in vaginal
intercourse with another person:
(1) By force or threat of force against the will and without the
consent of the other
person; or
(2) Who is mentally defective, mentally incapacitated, or
physically helpless, and
the person performing the act knows or should reasonably know the
other person
is mentally defective, mentally incapacitated, or physically
helpless; or
(3) Who is under 14 years of age and the person performing the
act is at least four
years older than the victim.
(b) Any person violating the provisions of this section is guilty
of a felony and upon
conviction is subject to imprisonment for a period of not more
than 20 years,
Article 27, Section 463.
(a) A person is guilty of a sexual offense in the first degree if
the person engages in
a sexual act with another person by force or threat of force
against the will and
without the consent of the other person and:
(1) Employs or displays a dangerous or deadly weapon or an
article which the other
person reasonably concludes is a dangerous or deadly weapon;
or
(2) Inflicts suffocation, strangulation, disfigurement, or
serious physical injury upon
the other person or upon any one else in the course of committing
the offense;
or
(3) Threatens or places the victim in fear that the victim or any
person known to
the victim will be imminently subject to death, suffocation,
strangulation,
disfigurement, serious physical injury, or kidnapping; or
(4) The person commits the offense aided and abetted by one or
more other
persons; or
(5) The person commits the offense in connection with the
breaking and entering
of a dwelling house.
(b) Any person violating the provisions of this section is guilty
of a felony and upon
conviction is subject to imprisonment for no more than the period
of his natural
life.Art.27,Sec.464
(a) A person is guilty of a sexual offense in the second degree
if the person
engages in a sexual act with another person:
(1) By force or threat of force against the will and without the
consent of the other
person; or
(2) Who is mentally defective, mentally incapacitated, or
physically helpless, and
the person performing the act knows or should reasonably know the
other person
is mentally defective, mentally incapacitated, or physically
helpless; or
(3) Under 14 years of age and the person performing the sexual
act is four or more
years older than the victim.
(b) Any person violating the provisions of this section is guilty
of a felony and upon
conviction is subject to imprisonment for a period of not more
than 20 years.
Art.27, Sec.464A.
(a) A person is guilty of a sexual offense in the third degree if
the person engages
in:
(1) Sexual contact with another person against the will and
without the consent of
the other person, and:
(i) Employs or displays a dangerous or deadly weapon or an
article which the other
person reasonably concludes is a dangerous or deadly weapon;
or
(ii) Inflicts suffocation, strangulation, disfigurement or
serious physical injury upon
the other person or upon any one else in the course of committing
the offense;
or
(iii) Threatens or places the victim in fear that the victim or
any person known to
the victim will be imminently subjected to death, suffocation,
strangulation,
disfigurement, serious physical injury, or kidnapping; or
(iv) Commits the offense aided and abetted by one or more other
persons; or
(2) Sexual contact with anotherADMISSIBILITY OF EVIDENCE IN RAPE CASES--