reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-206 - Charging Documents

(a)    An indictment, information, other charging document, or warrant for a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle is sufficient if it substantially states:
“(name of defendant) on (date) in (county) assaulted (name of victim) in the ........ degree or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.”.
(b)    If the general form of indictment or information described in subsection (a) of this section is used to charge a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.
(c)    A charge of assault in the first degree also charges a defendant with assault in the second degree.
(d)    (1)    To be found guilty of reckless endangerment under § 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.
(2)    A charging document for reckless endangerment under § 3-204 of this subtitle is sufficient if it substantially states:
“(name of defendant) on (date) in (county) committed reckless endangerment in violation of § 3-204 of the Criminal Law Article against the peace, government, and dignity of the State.”.
(3)    If more than one individual is endangered by the conduct of the defendant, a separate charge may be brought for each individual endangered.
(4)    A charging document containing a charge of reckless endangerment under § 3-204 of this subtitle may:
(i)    include a count for each individual endangered by the conduct of the defendant; or
(ii)    contain a single count based on the conduct of the defendant, regardless of the number of individuals endangered by the conduct of the defendant.
(5)    If the general form of charging document described in paragraph (2) of this subsection is used to charge reckless endangerment under § 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-207 - Dismissal of Assault Charge

(a)    On a pretrial motion of the State, a court may dismiss a charge of assault if:
(1)    the victim and the defendant agree to the dismissal; and
(2)    the court considers the dismissal proper.
(b)    The defendant shall pay the costs that would have been incurred if the defendant had been found guilty.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-209 - Defenses

(a)    Subject to subsection (b) of this section, a person charged with a crime under § 3–202, § 3–203, § 3–204, or § 3–205 of this subtitle may assert any judicially recognized defense.
(b)    The discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, or sexual orientation, whether or not accurate, is not a defense to the crime of assault in any degree.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-210 - Assault by Inmate -- Sentencing

(a)    An inmate convicted of assault under this subtitle on another inmate or on an employee of a State correctional facility, a local correctional facility, or a sheriff’s office, regardless of employment capacity, shall be sentenced under this section.
(b)    A sentence imposed under this section shall be consecutive to any sentence that the inmate was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.
(c)    A sentence imposed under this section may not be suspended.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-212 - Life-Threatening Injury by Motor Vehicle or Vessel While Under the Influence of Alcohol and Related Crimes -- Charging Documents

(a)    An indictment, information, or other charging document for a crime described in § 3-211 of this subtitle is sufficient if it substantially states:
(1)    “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while under the influence of alcohol, in violation of § 3-211(c)(1)(i) of the Criminal Law Article against the peace, government, and dignity of the State.”;
(2)    “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while under the influence of alcohol per se, in violation of § 3-211(c)(1)(ii) of the Criminal Law Article against the peace, government, and dignity of the State.”;
(3)    “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by alcohol, in violation of § 3-211(d) of the Criminal Law Article against the peace, government, and dignity of the State.”;
(4)    “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by drugs, in violation of § 3-211(e) of the Criminal Law Article against the peace, government, and dignity of the State.”; or
(5)    “(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by a controlled dangerous substance, in violation of § 3-211(f) of the Criminal Law Article against the peace, government, and dignity of the State.”.
(b)    An indictment, information, or other charging document for a crime described in § 3-211 of this subtitle need not set forth the manner or means of the life-threatening injury.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-212.1 - Life Threatening Injury Involving a Motor Vehicle or Vessel -- Criminal Negligence -- Punishment

(a)    (1)    In this section, “vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice.
(2)    “Vessel” does not include a seaplane.
(b)    A person may not cause a life–threatening injury to another as a result of the person’s driving, operating, or controlling a motor vehicle or vessel in a criminally negligent manner.
(c)    For the purpose of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:
(1)    the person should be aware, but fails to perceive, that the person’s conduct creates a substantial and unjustifiable risk that such a result will occur; and
(2)    the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.
(d)    It is not a violation of this section for a person to cause a life–threatening injury to another as a result of the person’s driving, operating, or controlling a motor vehicle or vessel in a negligent manner.
(e)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-213 - Attempted Poisoning

(a)    A person may not attempt to poison another.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 2 years and not exceeding 10 years.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-214 - Contaminating Water Supply or Food or Drink

(a)    A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate the water of a source or tributary of a water supply, including the waters of a well, spring, brook, lake, pond, stream, river, or reservoir by adding disease germs, bacteria, poison, or poisonous matter, if the water supply is used or is usable for drinking or domestic purposes.
(b)    A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate any drink, food, food product, or food supply by adding disease germs, bacteria, poison, or poisonous matter.
(c)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes › Section 3-215 - Ingesting Bodily Fluid

(a)    In this section, “bodily fluid” means seminal fluid, blood, urine, or feces.
(b)    A person may not knowingly and willfully cause another to ingest bodily fluid:
(1)    without consent; or
(2)    by force or threat of force.
(c)    A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of:
(1)    appraising the nature of the individual’s conduct; or
(2)    resisting vaginal intercourse, a sexual act, or sexual contact.
(c)    “Physically helpless individual” means an individual who:
(1)    is unconscious; or
(2)    (i)    does not consent to vaginal intercourse, a sexual act, or sexual contact; and
(ii)    is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.
(d)    (1)    “Sexual act” means any of the following acts, regardless of whether semen is emitted:
(i)    analingus;
(ii)    cunnilingus;
(iii)    fellatio;
(iv)    anal intercourse, including penetration, however slight, of the anus; or
(v)    an act:
1.    in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus; and
2.    that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.
(2)    “Sexual act” does not include:
(i)    vaginal intercourse; or
(ii)    an act in which an object or part of an individual’s body penetrates an individual’s genital opening or anus for an accepted medical purpose.
(e)    (1)    “Sexual contact”, as used in §§ 3–307, 3–308, and 3–314 of this subtitle, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
(2)    “Sexual contact” does not include:
(i)    a common expression of familial or friendly affection; or
(ii)    an act for an accepted medical purpose.
(f)    “Substantially cognitively impaired individual” means an individual who suffers from an intellectual disability or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of:
(1)    appraising the nature of the individual’s conduct;
(2)    resisting vaginal intercourse, a sexual act, or sexual contact; or
(3)    communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.
(g)    (1)    “Vaginal intercourse” means genital copulation, whether or not semen is emitted.
(2)    “Vaginal intercourse” includes penetration, however slight, of the vagina.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-303 - Rape in the First Degree

(a)    A person may not:
(1)    (i)    engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or
(ii)    engage in a sexual act with another by force, or the threat of force, without the consent of the other; and
(2)    (i)    employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(ii)    suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
(iii)    threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(iv)    commit the crime while aided and abetted by another; or
(v)    commit the crime in connection with a burglary in the first, second, or third degree.
(b)    A person may not violate subsection (a) of this section while also violating § 3–503(a)(2) of this title involving a victim who is a child under the age of 16 years.
(c)    A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.
(d)    (1)    Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.
(2)    A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
(3)    A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section, or § 3–305 of this subtitle as it existed before October 1, 2017.
(4)    (i)    Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii)    A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii)    The person is not eligible for parole during the mandatory minimum sentence.
(iv)    If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.
(e)    If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-304 - Rape in the Second Degree

(a)    A person may not engage in vaginal intercourse or a sexual act with another:
(1)    by force, or the threat of force, without the consent of the other;
(2)    if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or
(3)    if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
(b)    A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2)    (i)    Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
(ii)    A court may not suspend any part of the mandatory minimum sentence of 15 years.
(iii)    The person is not eligible for parole during the mandatory minimum sentence.
(iv)    If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.
(d)    If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-307 - Sexual Offense in the Third Degree

(a)    A person may not:
(1)    (i)    engage in sexual contact with another without the consent of the other; and
(ii)    1.    employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
2.    suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
3.    threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
4.    commit the crime while aided and abetted by another;
(2)    engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;
(3)    engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
(4)    engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
(5)    engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
(b)    A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-308 - Sexual Offense in the Fourth Degree

(a)    In this section, “person in a position of authority”:
(1)    means a person who:
(i)    is at least 21 years old;
(ii)    is employed by or under contract with a public or private preschool, elementary school, or secondary school; and
(iii)    because of the person’s position or occupation, exercises supervision over a minor who attends the school; and
(2)    includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school.
(b)    A person may not engage in:
(1)    sexual contact with another without the consent of the other;
(2)    except as provided in § 3–307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or
(3)    except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.
(c)    (1)    Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.
(2)    Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.
(d)    (1)    Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(2)    (i)    On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(ii)    If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-313 - Prior Conviction -- Sentencing

(a)    On conviction of a violation of § 3–304, § 3–307, or § 3–310 of this subtitle, a person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident:
(1)    of any violation of § 3–303 or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017; or
(2)    in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute a violation of § 3–303or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017.
(b)    If the State intends to proceed against a person under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-315 - Continuing Course of Conduct With Child

(a)    A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3–303, § 3–304, or § 3–307 of this subtitle, or violations of § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017, over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.
(b)    (1)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(2)    A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3–602 of this title.
(c)    In determining whether the required number of acts occurred in violation of this section, the trier of fact:
(1)    must determine only that the required number of acts occurred; and
(2)    need not determine which acts constitute the required number of acts.
(d)    (1)    A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.
(2)    A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.
(e)    For purposes of prosecution under this section, violations of subsection (a) of this section that occur in separate periods of 90 days or more shall be considered separate violations.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-316 - Rape and Sexual Offense -- Venue

If a person is transported with the intent to violate a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, and the intent is followed by actual violation of a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, the defendant may be tried in the appropriate court in a county where the transportation was offered, solicited, begun, continued, or ended.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-317 - Rape and Sexual Offense -- Charging Document

(a)    An indictment, information, or warrant for a crime under § 3–303, § 3–304, §§ 3–307 through 3–310, or § 3–314 of this subtitle is sufficient if it substantially states:
“(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section violated) against the peace, government, and dignity of the State.”.
(b)    In a case in which the general form of indictment, information, or warrant described in subsection (a) of this section is used, the defendant is entitled to a bill of particulars specifically setting forth the allegations against the defendant.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-318 - Rape and Sexual Offense -- Spousal Defense.

(a)    Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person’s legal spouse at the time of the alleged rape or sexual offense.
(b)    A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person’s legal spouse if:
(1)    at the time of the alleged crime the person and the person’s legal spouse have lived apart, without cohabitation and without interruption:
(i)    under a written separation agreement executed by the person and the spouse; or
(ii)    for at least 3 months immediately before the alleged rape or sexual offense; or
(2)    the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.
(c)    A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person’s legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-319 - Rape and Sexual Offense -- Admissibility of Evidence

(a)    Evidence relating to a victim’s reputation for chastity or abstinence and opinion evidence relating to a victim’s chastity or abstinence may not be admitted in a prosecution for:
(1)    a crime specified under this subtitle or a lesser included crime;
(2)    the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or
(3)    the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime.
(b)    Evidence of a specific instance of a victim’s prior sexual conduct may be admitted in a prosecution described in subsection (a) of this section only if the judge finds that:
(1)    the evidence is relevant;
(2)    the evidence is material to a fact in issue in the case;
(3)    the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and
(4)    the evidence:
(i)    is of the victim’s past sexual conduct with the defendant;
(ii)    is of a specific instance of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma;
(iii)    supports a claim that the victim has an ulterior motive to accuse the defendant of the crime; or
(iv)    is offered for impeachment after the prosecutor has put the victim’s prior sexual conduct in issue.
(c)    (1)    Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible.
(2)    The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-319.1 - Rape and Sexual Offense -- Evidence of Physical Resistance

(a)    Evidence of physical resistance by the victim is not required to prove that a crime under this subtitle was committed.
(b)    The provisions of subsection (a) of this section may not be construed to affect the admissibility of evidence of actual physical resistance by the victim.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-320 - Rape and Sexual Offense -- Jury Instructions

In a criminal prosecution under § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, a judge may not instruct the jury:
(1)    to examine the testimony of the prosecuting witness with caution, solely because of the nature of the charge;
(2)    that the charge is easily made or difficult to disprove, solely because of the nature of the charge; or
(3)    to follow another similar instruction, solely because of the nature of the charge.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-322 - Unnatural or Perverted Sexual Practice.

(a)    A person may not:
(1)    take the sexual organ of another or of an animal in the person’s mouth;
(2)    place the person’s sexual organ in the mouth of another or of an animal; or
(3)    commit another unnatural or perverted sexual practice with another or with an animal.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
(c)    A person who violates this section is subject to § 5-106(b) of the Courts Article.
(d)    An indictment for a violation of this section:
(1)    is sufficient if it states that the defendant committed an unnatural and perverted sexual practice with a person or animal as applicable; but
(2)    need not state the particular:
(i)    unnatural or perverted sexual practice with which the defendant is charged; or
(ii)    manner in which the defendant committed the unnatural or perverted sexual practice.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-323 - Incest

(a)    A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-324 - Sexual Solicitation of Minor

(a)    In this section, “solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including:
(1)    in person;
(2)    through an agent or agency;
(3)    over the telephone;
(4)    through any print medium;
(5)    by mail;
(6)    by computer or Internet; or
(7)    by any other electronic means.
(b)    (1)    A person may not, with the intent to commit a violation of § 3–304 or § 3–307 of this subtitle or § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3–304 or § 3–307 of this subtitle or § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.
(2)    A person may not, with the intent to commit a violation of § 3–304 or § 3–307 of this subtitle or § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage in activities with the minor that would be unlawful for the person to engage in under § 3–304 or § 3–307 of this subtitle or § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.
(c)    A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation:
(1)    originated in the State; or
(2)    is received in the State.
(d)    A person who violates this section is guilty of a felony and on conviction is subject to:
(1)    for a first offense, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and
(2)    for a second or subsequent offense, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 3 - Sexual Crimes › Section 3-325 - Use of Personal Identifying Information or the Identity of Another

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Personal identifying information” has the meaning stated in § 8–301 of this article.
(3)    “Sexual crime” means an act that would constitute a violation of this subtitle, § 3–602 of this title, § 3–902 of this title, or Title 11 of this article.
(b)    A person may not use the personal identifying information or identity of an individual without consent to invite, encourage, or solicit another to commit a sexual crime against the individual.
(c)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.
(d)    (1)    A State’s Attorney or the Attorney General may investigate and prosecute a violation of this section or a violation of any crime based on the act establishing a violation of this section.
(2)    If the Attorney General exercises authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the violation.
(e)    Notwithstanding any other provision of law, the prosecution of a violation of this section or for a violation of any crime based on the act establishing a violation of this section may be commenced in any county in which:
(1)    an element of the crime occurred; or
(2)    the victim resides.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 4 - Robbery › Section 3-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Deprive” means to withhold property of another:
(1)    permanently;
(2)    for a period that results in the appropriation of a part of the property’s value;
(3)    with the purpose to restore it only on payment of a reward or other compensation; or
(4)    to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.
(c)    “Obtain” means:
(1)    in relation to property, to bring about a transfer of interest in or possession of the property; and
(2)    in relation to a service, to secure the performance of the service.
(d)    (1)    “Property” means anything of value.
(2)    “Property” includes:
(i)    real estate;
(ii)    money;
(iii)    a commercial instrument;
(iv)    an admission or transportation ticket;
(v)    a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;
(vi)    a thing growing on, affixed to, or found on land, or that is part of or affixed to any building;
(vii)    electricity, gas, and water;
(viii)    a bird, animal, or fish that ordinarily is kept in a state of confinement;
(ix)    food or drink;
(x)    a sample, culture, microorganism, or specimen;
(xi)    a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;
(xii)    an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:
1.    scientific, technical, merchandising, production, or management information; or
2.    designed process, procedure, formula, invention, trade secret, or improvement;
(xiii)    a financial instrument; and
(xiv)    information, electronically produced data, and a computer software or program in a form readable by machine or individual.
(e)    “Robbery” retains its judicially determined meaning except that:
(1)    robbery includes obtaining the service of another by force or threat of force; and
(2)    robbery requires proof of intent to withhold property of another:
(i)    permanently;
(ii)    for a period that results in the appropriation of a part of the property’s value;
(iii)    with the purpose to restore it only on payment of a reward or other compensation; or
(iv)    to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.
(f)    “Service” includes:
(1)    labor or professional service;
(2)    telecommunication, public utility, toll facility, or transportation service;
(3)    lodging, entertainment, or restaurant service; and
(4)    the use of computers, data processing, or other equipment.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 4 - Robbery › Section 3-403 - Robbery With Dangerous Weapon

(a)    A person may not commit or attempt to commit robbery under § 3-402 of this subtitle:
(1)    with a dangerous weapon; or
(2)    by displaying a written instrument claiming that the person has possession of a dangerous weapon.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 4 - Robbery › Section 3-404 - Charging Document

(a)    An indictment, information, warrant, or other charging document for robbery is sufficient if it substantially states:
“(name of defendant) on (date) in (county) did feloniously rob (name of victim) of (property/service) (having a value of $1,000 or more) (with a dangerous weapon) in violation of (section violated) against the peace, government, and dignity of the State.”.
(b)    If a charging document alleges that the value of the property or service subject to this subtitle is $1,000 or more, the court shall instruct the jury to determine whether the value of the property or service is less than $1,000, or $1,000 or more.
(c)    Unless a charging document alleges that the value of the property or service subject to this subtitle is $1,000 or more, a felony violation of § 7–104 of this article is not a lesser included crime of robbery.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 4 - Robbery › Section 3-405 - Carjacking

(a)    In this section, “motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.
(b)    (1)    An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.
(2)    A violation of this subsection is carjacking.
(c)    (1)    A person may not employ or display a dangerous weapon during the commission of a carjacking.
(2)    A violation of this subsection is armed carjacking.
(d)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(e)    A sentence imposed under this section may be separate from and consecutive to a sentence for any other crime that arises from the conduct underlying the carjacking or armed carjacking.
(f)    It is not a defense under this section that the defendant did not intend to permanently deprive the owner or possessor of the motor vehicle.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 5 - Kidnapping › Section 3-502 - Kidnapping

(a)    A person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State.
(b)    A person who violates this section is guilty of the felony of kidnapping and on conviction is subject to imprisonment not exceeding 30 years.
(c)    Kidnapping does not include the act of a parent in carrying a minor child of that parent in or outside the State.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 5 - Kidnapping › Section 3-503 - Child Kidnapping

(a)    (1)    A person may not, without color of right:
(i)    forcibly abduct, take, or carry away a child under the age of 12 years from:
1.    the home or usual place of abode of the child; or
2.    the custody and control of the child’s parent or legal guardian;
(ii)    without the consent of the child’s parent or legal guardian, persuade or entice a child under the age of 12 years from:
1.    the child’s home or usual place of abode; or
2.    the custody and control of the child’s parent or legal guardian; or
(iii)    with the intent of depriving the child’s parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child under the age of 12 years.
(2)    In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child under the age of 16 years.
(b)    (1)    A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
(2)    (i)    Except as provided under subparagraph (ii) of this paragraph, a person, other than a parent of the child, who violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(ii)    1.    If a person convicted under subsection (a)(2) of this section is convicted in the same proceeding of rape or a first degree sexual offense under Subtitle 3 of this title, the person is guilty of a felony and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
2.    If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsubparagraph 1 of this subparagraph, the State shall notify the person in writing of the State’s intent at least 30 days before trial.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 6 - Abuse and Other Offensive Conduct › Section 3-601 - Child Abuse

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.
(3)    “Family member” means a relative of a minor by blood, adoption, or marriage.
(4)    “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.
(5)    “Severe physical injury” means:
(i)    brain injury or bleeding within the skull;
(ii)    starvation; or
(iii)    physical injury that:
1.    creates a substantial risk of death; or
2.    causes permanent or protracted serious:
A.    disfigurement;
B.    loss of the function of any bodily member or organ; or
C.    impairment of the function of any bodily member or organ.
(b)    (1)    A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not:
(i)    cause abuse to the minor that:
1.    results in the death of the minor; or
2.    causes severe physical injury to the minor; or
(ii)    engage in a continuing course of conduct which includes three or more acts that would constitute a violation of subsection (d) of this section.
(2)    Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:
(i)    imprisonment not exceeding 25 years;
(ii)    if the violation results in the death of a victim at least 13 years old, imprisonment not exceeding 40 years; or
(iii)    if the violation results in the death of a victim under the age of 13 years, imprisonment not exceeding life.
(c)    A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:
(1)    imprisonment not exceeding 25 years; or
(2)    if the violation results in the death of the victim, imprisonment not exceeding life.
(d)    (1)    (i)    A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.
(ii)    A household member or family member may not cause abuse to a minor.
(2)    Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.
(e)    A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 6 - Abuse and Other Offensive Conduct › Section 3-601.1 - Committing Crime of Violence in Presence of Minor

(a)    (1)    A person may not commit a crime of violence as defined in § 5–101 of the Public Safety Article when the person knows or reasonably should know that a minor who is at least 2 years old is present in a residence.
(2)    For the purposes of paragraph (1) of this subsection, a minor is present if the minor is within sight or hearing of the crime of violence.
(b)    A person who violates this section is subject to imprisonment not exceeding 5 years in addition to any other sentence imposed for the crime of violence.
(c)    A court may impose an enhanced penalty under subsection (b) of this section if:
(1)    at least 30 days before trial in the circuit court, and 15 days before trial in the District Court, the State’s Attorney notifies the defendant in writing of the State’s intention to seek the enhanced penalty; and
(2)    the elements of subsection (a)(1) of this section have been proven beyond a reasonable doubt.
(d)    If the defendant is charged by indictment or criminal information, the State may include the notice required under subsection (c)(1) of this section in the indictment or information.
(e)    An enhanced penalty imposed under this section shall be separate from and consecutive to a sentence for any crime based on the act establishing the violation of this section.