Md. Code, Criminal Law, Title 3

in effect

Md. Code, Criminal Law § 3-101

(a) In this subtitle the following words have the meanings indicated. (b) “Licensed health care professional” means a duly licensed or certified: (1) physician; (2) surgeon; (3) podiatrist; (4) osteopath; (5) osteopathic physician; (6) osteopathic surgeon; (7) physician assistant; (8) registered nurse; (9) licensed practical nurse; (10) nurse practitioner; (11) dentist; (12) pharmacist; or (13) emergency medical services provider, in accordance with § 13-516 of the Education Article. (c) “Suicide” means the act or instance in which an individual intentionally takes the individual’s own life.

Md. Code, Criminal Law § 3-101.1

§3–101.1. (a) Attempted suicide is not a crime in the State. (b) This section may not be construed to prohibit a person who commits one or more crimes in the course of attempting to commit suicide from being charged with the other crime or crimes.

Md. Code, Criminal Law § 3-102

With the purpose of assisting another individual to commit or attempt to commit suicide, an individual may not: (1) by coercion, duress, or deception, knowingly cause another individual to commit suicide or attempt to commit suicide; (2) knowingly provide the physical means by which another individual commits or attempts to commit suicide with knowledge of that individual’s intent to use the physical means to commit suicide; or (3) knowingly participate in a physical act by which another individual commits or attempts to commit suicide.

Md. Code, Criminal Law § 3-103

(a) A licensed health care professional does not violate § 3-102 of this subtitle by administering or prescribing a procedure or administering, prescribing, or dispensing a medication to relieve pain, even if the medication or procedure may hasten death or increase the risk of death, unless the licensed health care professional knowingly administers or prescribes the procedure or administers, prescribes, or dispenses the medication to cause death. (b) A licensed health care professional does not violate § 3-102 of this subtitle by withholding or withdrawing a medically administered life-sustaining procedure: (1) in compliance with Title 5, Subtitle 6 of the Health - General Article; or (2) in accordance with reasonable medical practice. (c) (1) Unless the family member knowingly administers a procedure or administers or dispenses a medication to cause death, a family member does not violate § 3-102 of this subtitle if the family member: (i) is a caregiver for a patient enrolled in a licensed hospice program; and (ii) administers the procedure or administers or dispenses the medication to relieve pain under the supervision of a health care professional. (2) Paragraph (1) of this subsection applies even if the medication or procedure hastens death or increases the risk of death.

Md. Code, Criminal Law § 3-104

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

Md. Code, Criminal Law § 3-201

(a) In this subtitle the following words have the meanings indicated. (b) “Assault” means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings. (c) (1) “Law enforcement officer” has the meaning stated in § 1–101(c) of the Public Safety Article without application of § 3–101(e)(2). (2) “Law enforcement officer” includes: (i) a correctional officer at a correctional facility; and (ii) an officer employed by the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, § 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified in § 10–204 of the Transportation Article. (d) “Serious physical injury” means physical injury that: (1) creates a substantial risk of death; or (2) causes permanent or protracted serious: (i) disfigurement; (ii) loss of the function of any bodily member or organ; or (iii) impairment of the function of any bodily member or organ.

Md. Code, Criminal Law § 3-202

(a) In this section, “strangling” means impeding the normal breathing or blood circulation of another person by applying pressure to the other person’s throat or neck. (b) (1) A person may not intentionally cause or attempt to cause serious physical injury to another. (2) A person may not commit an assault with a firearm, including: (i) a handgun, antique firearm, rifle, shotgun, short–barreled shotgun, or short–barreled rifle, as those terms are defined in § 4–201 of this article; (ii) an assault pistol, as defined in § 4–301 of this article; (iii) a machine gun, as defined in § 4–401 of this article; and (iv) a regulated firearm, as defined in § 5–101 of the Public Safety Article. (3) A person may not commit an assault by intentionally strangling another. (c) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.

Md. Code, Criminal Law § 3-203

(a) A person may not commit an assault. (b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both. (c) (1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries. (2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is: (i) a law enforcement officer engaged in the performance of the officer’s official duties; (ii) a parole or probation agent engaged in the performance of the agent’s official duties; or (iii) a firefighter, an emergency medical technician, a rescue squad member, or any other first responder engaged in providing emergency medical care or rescue services. (3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

Md. Code, Criminal Law § 3-204

(a) A person may not recklessly: (1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or (2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another. (b) A person who violates this section is guilty of the misdemeanor of reckless endangerment and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. (c) (1) Subsection (a)(1) of this section does not apply to conduct involving: (i) the use of a motor vehicle, as defined in § 11-135 of the Transportation Article; or (ii) the manufacture, production, or sale of a product or commodity. (2) Subsection (a)(2) of this section does not apply to: (i) a law enforcement officer or security guard in the performance of an official duty; or (ii) an individual acting in defense of a crime of violence as defined in § 5-101 of the Public Safety Article.

Md. Code, Criminal Law § 3-205

(a) An incarcerated individual may not maliciously cause or attempt to cause an employee of a State correctional facility, a local correctional facility, or a sheriff’s office, regardless of employment capacity, to come into contact with: (1) seminal fluid, urine, or feces; or (2) blood, if the contact with the blood is not the result of physical injury resulting from physical body contact between the incarcerated individual and the employee. (b) An incarcerated individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both. (c) A sentence imposed under this section shall be consecutive to any sentence that the incarcerated individual was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing. (d) A sentence imposed under this section may not be suspended.

Md. Code, Criminal Law § 3-206

(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.

Md. Code, Criminal Law § 3-207

(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.

Md. Code, Criminal Law § 3-208

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

Md. Code, Criminal Law § 3-209

(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, sexual orientation, religious beliefs, or disability, whether or not accurate, is not a defense to the crime of assault in any degree.

Md. Code, Criminal Law § 3-210

(a) An incarcerated individual convicted of assault under this subtitle on another incarcerated individual 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 incarcerated individual 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.

Md. Code, Criminal Law § 3-211

(a) (1) In this section the following words have the meanings indicated. (2) “Under the influence of alcohol per se” means having an alcohol concentration at the time of testing of at least 0.08 as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (3) (i) “Vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice. (ii) “Vessel” does not include a seaplane. (b) (1) For purposes of determining alcohol concentration under this section, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000. (2) The presumptions and evidentiary rules of §§ 10–302, 10–306, 10–307, and 10–308 of the Courts Article apply to a person charged under this section. (c) (1) A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is: (i) under the influence of alcohol; or (ii) under the influence of alcohol per se. (2) A violation of this subsection is life–threatening injury by motor vehicle or vessel while: (i) under the influence of alcohol; or (ii) under the influence of alcohol per se. (3) (i) Except as provided in subparagraph (ii) of this paragraph, a person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. (ii) A person who violates this subsection, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 2–506 of this article, or § 21–902 of the Transportation Article, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (d) (1) A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by alcohol. (2) A violation of this subsection is life–threatening injury by motor vehicle or vessel while impaired by alcohol. (3) (i) Except as provided in subparagraph (ii) of this paragraph, a person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $3,000 or both. (ii) A person who violates this subsection, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 2–506 of this article, or § 21–902 of the Transportation Article, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (e) (1) A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely. (2) A violation of this subsection is life–threatening injury by motor vehicle or vessel while impaired by drugs. (3) (i) Except as provided in subparagraph (ii) of this paragraph, a person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $3,000 or both. (ii) A person who violates this subsection, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 2–506 of this article, or § 21–902 of the Transportation Article, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (f) (1) This subsection does not apply to a person who is entitled to use the controlled dangerous substance under the laws of the State. (2) A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance as defined in § 5–101 of this article. (3) A violation of this subsection is life–threatening injury by motor vehicle or vessel while impaired by a controlled dangerous substance. (4) (i) Except as provided in subparagraph (ii) of this paragraph, a person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. (ii) A person who violates this subsection, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 2–506 of this article, or § 21–902 of the Transportation Article, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (g) For the purposes of application of subsequent offender penalties under subsection (c), (d), (e), or (f) of this section, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 2–506 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.

Md. Code, Criminal Law § 3-212

(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.

Md. Code, Criminal Law § 3-212.1

§3–212.1. (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.

Md. Code, Criminal Law § 3-213

(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.

Md. Code, Criminal Law § 3-214

(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.

Md. Code, Criminal Law § 3-215

(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.

Md. Code, Criminal Law § 3-301

(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.

Md. Code, Criminal Law § 3-301.1

§3–301.1. (a) In this subtitle, “consent” means the clear and voluntary agreement by an individual to engage in vaginal intercourse, a sexual act, or sexual contact. (b) In this subtitle: (1) the existence of consent, lack of consent, or withdrawal of consent shall be determined based on a totality of the circumstances, including the words and conduct of the victim and the defendant; (2) consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact; (3) the lack of consent may be communicated through words or conduct; (4) a current or previous dating, social, or sexual relationship by itself does not constitute consent; (5) submission as a result of fear, threat, or coercion does not constitute consent if the individual alleged to have performed the act in violation of this subtitle knows or reasonably should know that the victim would submit as a result of fear, threat, or coercion; and (6) the manner of dress of an individual does not constitute consent. (c) This section may not be construed to require documentation of consent.

Md. Code, Criminal Law § 3-302

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

Md. Code, Criminal Law § 3-303

(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.

Md. Code, Criminal Law § 3-304

(a) A person may not engage in vaginal intercourse or a sexual act with another: (1) 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.

Md. Code, Criminal Law § 3-307

(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.

Md. Code, Criminal Law § 3-308

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Person in a position of authority” means a person who: 1. A. is at least 21 years old and works for remuneration or as a volunteer for a public or private preschool, elementary school, or secondary school; or B. is at least 22 years old and works for remuneration or as a volunteer for a program; and 2. exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program. (ii) “Person in a position of authority” includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school. (3) “Program” means: (i) an individual, a business, a religious or faith–based institution, or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, recreational, spiritual, character–building, or supervisory services or activities for minors, including: 1. sports, music, dance, art, or martial arts coaching or instruction; 2. tutoring or academic enrichment; 3. day care or after school care; 4. scouting; or 5. day or overnight camping; or (ii) any unit of local, State, or federal government. (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: (i) is a student enrolled at a school where the person in a position of authority works; or (ii) 1. is participating in a program for which the person in a position of authority works; and 2. is at least 6 years younger than the person in a position of authority. (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: (i) is a student enrolled at a school where the person in a position of authority works; or (ii) 1. is participating in a program for which the person in a position of authority works; and 2. is at least 6 years younger than the person in a position of authority. (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. (e) (1) Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime. (2) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

Md. Code, Criminal Law § 3-309

(a) A person may not attempt to commit rape in the first degree. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

Md. Code, Criminal Law § 3-310

(a) A person may not attempt to commit rape in the second degree. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

Md. Code, Criminal Law § 3-313

(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.

Md. Code, Criminal Law § 3-314

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Correctional employee” means a: 1. correctional officer, as defined in § 8–201 of the Correctional Services Article; or 2. managing official or deputy managing official of a correctional facility. (ii) “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility. (3) “Court–ordered services provider” means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services. (4) (i) “Incarcerated individual” has the meaning stated in § 1–101 of this article. (ii) “Incarcerated individual” includes an individual confined in a community adult rehabilitation center. (5) “Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article. (b) (1) This subsection applies to: (i) a correctional employee; (ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility; (iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and (iv) any other individual working in a correctional facility, whether on a paid or volunteer basis. (2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an incarcerated individual. (c) A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in a child care institution licensed by the Department of Juvenile Services, a detention center for juveniles, or a facility for juveniles listed in § 9–226(b) of the Human Services Article. (d) A court–ordered services provider may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual ordered to obtain services while the order is in effect. (e) (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person: (i) who is a victim, witness, or suspect in an open investigation that the law enforcement officer is conducting, supervising, or assisting with if the law enforcement officer knew or should have known that the person is a victim, witness, or suspect in the investigation; (ii) requesting assistance from or responding to the law enforcement officer in the course of the law enforcement officer’s official duties; or (iii) in the custody of the law enforcement officer. (2) Paragraph (1)(i) and (ii) of this subsection does not apply if the law enforcement officer: (i) had a prior existing legal sexual relationship with the person; and (ii) did not act under the color or pretense of office or under color of official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact. (f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both. (g) A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under § 3–303, § 3–304, or §§ 3–307 through 3–310 of this subtitle, or § 3–305, § 3–306, § 3–311, or § 3–312 of this subtitle as the sections existed before October 1, 2017.

Md. Code, Criminal Law § 3-315

(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.

Md. Code, Criminal Law § 3-316

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.

Md. Code, Criminal Law § 3-317

(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.

Md. Code, Criminal Law § 3-319

(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.

Md. Code, Criminal Law § 3-319.1

§3–319.1. (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.

Md. Code, Criminal Law § 3-320

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.

Md. Code, Criminal Law § 3-321

The common law crime of sodomy has been repealed.

Md. Code, Criminal Law § 3-323

(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.

Md. Code, Criminal Law § 3-324

(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 § 11–207, § 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 § 11–207, § 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 § 11–207, § 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 § 11–207, § 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.

Md. Code, Criminal Law § 3-325

(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.

Md. Code, Criminal Law § 3-401

(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.

Md. Code, Criminal Law § 3-402

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

Md. Code, Criminal Law § 3-403

(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.

Md. Code, Criminal Law § 3-404

(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.

Md. Code, Criminal Law § 3-405

(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.

Md. Code, Criminal Law § 3-501

In this subtitle, “home or usual place of abode” includes the real property appurtenant to the home or place of abode.

Md. Code, Criminal Law § 3-502

(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.

Md. Code, Criminal Law § 3-503

(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.

Md. Code, Criminal Law § 3-601

(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.

Md. Code, Criminal Law § 3-601.1

§3–601.1. (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.

Md. Code, Criminal Law § 3-602

(a) (1) In this section the following words have the meanings indicated. (2) “Family member” has the meaning stated in § 3–601 of this subtitle. (3) “Household member” has the meaning stated in § 3–601 of this subtitle. (4) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not. (ii) “Sexual abuse” includes: 1. incest; 2. rape; 3. sexual offense in any degree; and 4. any other sexual conduct that is a crime. (b) (1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor. (2) A household member or family member may not cause sexual abuse to a minor. (c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years. (d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for: (1) any crime based on the act establishing the violation of this section; or (2) a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.

Md. Code, Criminal Law § 3-602.1

§3–602.1. (a) (1) In this section the following words have the meanings indicated. (2) “Family member” has the meaning stated in § 3–601 of this subtitle. (3) “Household member” has the meaning stated in § 3–601 of this subtitle. (4) “Mental injury” means the substantial impairment of a minor’s mental or psychological ability to function. (5) (i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs or mental health of a minor that creates a substantial risk of harm to the minor’s physical health or a substantial risk of mental injury to the minor. (ii) “Neglect” does not include the failure to provide necessary assistance and resources for the physical needs or mental health of a minor when the failure is due solely to a lack of financial resources or homelessness. (b) A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not neglect the minor. (c) A person who violates this section is guilty of the misdemeanor of child neglect and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. (d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

Md. Code, Criminal Law § 3-602.2

§3–602.2. (a) A person who is required to provide notice of suspected abuse or neglect of a child or make a written report of suspected abuse or neglect of a child under § 5–704 of the Family Law Article may not knowingly fail to provide the required notice or make the required written report if the person has actual knowledge of the abuse or neglect. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both. (c) This section applies only to a failure to report child abuse or neglect that occurs during the time the child is a minor.

Md. Code, Criminal Law § 3-603

(a) A person may not sell, barter, or trade, or offer to sell, barter, or trade, a minor for money, property, or anything else of value. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both for each violation.

Md. Code, Criminal Law § 3-604

(a) (1) In this section and §§ 3–605 and 3–606 of this subtitle the following words have the meanings indicated. (2) (i) “Abuse” means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult’s health or welfare is harmed or threatened. (ii) “Abuse” includes the sexual abuse of a vulnerable adult. (iii) “Abuse” does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13–516 of the Education Article acting within the scope of the health care provider’s practice. (3) “Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care. (4) “Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child. (5) “Household” means the location: (i) in which the vulnerable adult resides; (ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or (iii) where the person suspected of abusing or neglecting a vulnerable adult resides. (6) “Household member” means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect. (7) (i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including: 1. food; 2. clothing; 3. toileting; 4. essential medical treatment; 5. shelter; or 6. supervision. (ii) “Neglect” does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is: 1. given with the consent of the vulnerable adult; and 2. recognized by State law in place of medical treatment. (8) “Serious physical injury” means physical injury that: (i) creates a substantial risk of death; or (ii) causes permanent or protracted serious: 1. disfigurement; 2. loss of the function of any bodily member or organ; or 3. impairment of the function of any bodily member or organ. (9) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a vulnerable adult. (ii) “Sexual abuse” includes: 1. incest; 2. rape; 3. sexual offense in any degree; and 4. any other sexual conduct that is a crime. (10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs. (b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that: (i) results in the death of the vulnerable adult; (ii) causes serious physical injury to the vulnerable adult; or (iii) involves sexual abuse of the vulnerable adult. (2) A household member or family member may not cause abuse or neglect of a vulnerable adult that: (i) results in the death of the vulnerable adult; (ii) causes serious physical injury to the vulnerable adult; or (iii) involves sexual abuse of the vulnerable adult. (c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. (d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

Md. Code, Criminal Law § 3-605

(a) This section does not apply to abuse that involves sexual abuse of a vulnerable adult. (b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not: (i) cause abuse or neglect of the vulnerable adult; or (ii) intentionally and maliciously inflict severe emotional distress on the vulnerable adult. (2) A household member or family member may not: (i) cause abuse or neglect of a vulnerable adult; or (ii) intentionally and maliciously inflict severe emotional distress on a vulnerable adult. (c) A person who violates this section is guilty of the misdemeanor of abuse or neglect of a vulnerable adult in the second degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. (d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

Md. Code, Criminal Law § 3-606

If a State or local unit receives a report of present or past abuse or neglect of a vulnerable adult, an investigation shall be conducted in accordance with: (1) § 7-1005 of the Health - General Article if the adult has a developmental disability as defined in § 7-101 of the Health - General Article; (2) § 10-705 of the Health - General Article if the adult is in a facility as defined in § 10-101 of the Health - General Article; (3) § 19-346 or § 19-347 of the Health - General Article if the adult is a resident of a related institution as defined in § 19-301 of the Health - General Article; and (4) §§ 14-301 through 14-309 of the Family Law Article if the adult does not meet the criteria of item (1), (2), or (3) of this section.

Md. Code, Criminal Law § 3-607

(a) A person may not recklessly or intentionally do an act or create a situation that subjects a student to the risk of serious bodily injury for the purpose of an initiation into a student organization of a school, college, or university. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. (c) The implied or express consent of a student to hazing is not a defense under this section.

Md. Code, Criminal Law § 3-608

(a) In this section, “missing child” means a minor whose whereabouts are unknown to a parent or other person who has permanent care and custody or responsibility for the supervision of the minor. (b) Except as provided in subsection (c) of this section, a parent or other person who has permanent care or custody or responsibility for the supervision of a minor under the age of 13 years may not recklessly or willfully fail to notify the appropriate law enforcement agency that the minor is a missing child within 24 hours of the time at which the parent or other person knew or should have known that the minor is a missing child. (c) This section does not apply if the fact that the minor is a missing child has already been reported to the appropriate law enforcement agency. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years.

Md. Code, Criminal Law § 3-609

(a) Unless the death of a minor has already been reported to the appropriate law enforcement agency or medical authority, a parent or other person who has permanent care or custody or responsibility for the supervision of a minor shall report the death of the minor to the appropriate law enforcement agency or medical authority within 5 hours of becoming aware of the death. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years.

Md. Code, Criminal Law § 3-701

(a) This section does not apply to legitimate efforts by employees or their representatives to obtain certain wages, hours, or working conditions. (b) A person may not obtain, attempt to obtain, or conspire to obtain money, property, labor, services, or anything of value from another person with the person’s consent, if the consent is induced by wrongful use of actual or threatened: (1) force or violence; (2) economic injury; (3) destruction, concealment, removal, confiscation, or possession of any immigration or government identification document with intent to harm the immigration status of another person; or (4) notification of law enforcement officials about another person’s undocumented or illegal immigration status. (c) (1) If the value of the property, labor, or services is at least $1,000 but less than $10,000, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. (2) If the value of the property, labor, or services is at least $10,000 but less than $100,000, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both. (3) If the value of the property, labor, or services is $100,000 or more, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both. (d) If the value of the property, labor, or services is less than $1,000, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $1,000 or both. (e) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.

Md. Code, Criminal Law § 3-702

(a) In this section, “political subdivision” includes a: (1) county; (2) municipal corporation; (3) bicounty or multicounty agency; (4) county board of education; (5) public authority; or (6) special taxing district. (b) An officer or employee of the State or of a political subdivision may not wrongfully obtain or attempt to obtain money, property, or anything of value from a person with the person’s consent, if the consent is obtained under color or pretense of office, under color of official right, or by wrongful use of actual or threatened force or violence. (c) If the value of the property is at least $1,000 but less than $10,000, a person who violates this section: (1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and (2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision. (d) If the value of the property is at least $10,000 but less than $100,000, a person who violates this section: (1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both; and (2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision. (e) If the value of the property is $100,000 or more, a person who violates this section: (1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both; and (2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision. (f) If the value of the property is less than $1,000, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both. (g) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.

Md. Code, Criminal Law § 3-703

(a) An officer or employee of the State or of a county, municipal corporation, bicounty agency, or multicounty agency may not, by force, intimidation, or threat, induce a person employed in work financed wholly or partly by the State or by a county, municipal corporation, bicounty agency, or multicounty agency to give up any compensation to which the person is entitled under a contract or otherwise. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. (c) A prosecution for a crime under this section shall be instituted within 5 years after the crime was committed.

Md. Code, Criminal Law § 3-704

(a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not falsely accuse or threaten to falsely accuse another of a crime or of anything that, if the accusation were true, would tend to bring the other into contempt or disrepute. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 3-705

(a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not verbally threaten to: (1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or (2) (i) cause physical injury to a person; (ii) inflict emotional distress on a person; (iii) cause economic damage to a person; or (iv) cause damage to the property of a person. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 3-706

(a) (1) This section applies to any writing, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark or designation. (2) This section does not apply to a good faith reasonable notice of dishonor and warning of criminal prosecution under Title 8, Subtitle 1 of this article given by a holder of an instrument to the maker of the instrument. (b) A person, with the intent to unlawfully extort money, property, or anything of value from another, may not knowingly send or deliver, or make for the purpose of being sent or delivered and part with the possession of, a writing threatening to: (1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or (2) (i) cause physical injury to a person; (ii) inflict emotional distress on a person; (iii) cause economic damage to a person; or (iv) cause damage to the property of a person. (c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 3-707

(a) This section does not prohibit picketing in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article. (b) A person or group may not engage in an act or conduct solely to coerce or intimidate another person to contribute or donate any money, goods, materials, or services to a social, economic, or political association or organization. (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both. (2) Each day on which a violation of this section occurs is a separate violation.

Md. Code, Criminal Law § 3-708

(a) (1) In this section the following words have the meanings indicated. (2) “Local official” means an individual serving in a publicly elected office of a local government unit, as defined in § 10–101 of the State Government Article. (3) (i) “State official” has the meaning stated in § 5–101 of the General Provisions Article. (ii) “State official” includes the Governor, Governor–elect, Lieutenant Governor, and Lieutenant Governor–elect. (4) “Threat” includes: (i) an oral threat; or (ii) a threat in any written form, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark. (b) A person may not knowingly and willfully make a threat to take the life of, kidnap, or cause physical injury to a State official, a local official, a deputy State’s Attorney, an assistant State’s Attorney, or an assistant Public Defender. (c) A person may not knowingly send, deliver, part with, or make for the purpose of sending or delivering a threat prohibited under subsection (b) of this section. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

Md. Code, Criminal Law § 3-709

(a) (1) In this section the following words have the meanings indicated. (2) “Intimate parts” has the meaning stated in § 3–809 of this title. (3) “Sexual activity” has the meaning stated in § 3–809 of this title. (b) A person may not cause another to: (1) engage in an act of sexual activity by threatening to: (i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; (ii) cause physical injury to a person; (iii) inflict emotional distress on a person; (iv) cause economic damage to a person; or (v) cause damage to the property of a person; or (2) engage as a subject in the production of a visual representation or performance that depicts the other with the other’s intimate parts exposed or engaging in or simulating an act of sexual activity by threatening to: (i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; (ii) cause physical injury to a person; (iii) inflict emotional distress on a person; (iv) cause economic damage to a person; or (v) cause damage to the property of a person. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. (d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section. (e) A visual representation depicting a victim that is part of a court record for a case arising from a prosecution under this section: (1) subject to item (2) of this subsection, may not be made available for public inspection; and (2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge under this section to: (i) court personnel; (ii) a jury in a criminal case brought under this section; (iii) the State’s Attorney or the State’s Attorney’s designee; (iv) the Attorney General or the Attorney General’s designee; (v) a law enforcement officer; (vi) the defendant or the defendant’s attorney; or (vii) the victim or the victim’s attorney.

Md. Code, Criminal Law § 3-801

In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time, that shows a continuity of purpose.

Md. Code, Criminal Law § 3-802

(a) In this section: (1) “stalking” means a malicious course of conduct that includes approaching or pursuing another where: (i) the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear: 1. A. of serious bodily injury; B. of an assault in any degree; C. of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree; D. of false imprisonment; or E. of death; or 2. that a third person likely will suffer any of the acts listed in item 1 of this item; or (ii) the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and (2) “stalking” includes conduct described in item (1) of this subsection that occurs: (i) in person; (ii) by electronic communication, as defined in § 3–805 of this subtitle; or (iii) through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent. (b) The provisions of this section do not apply to conduct that is: (1) performed to ensure compliance with a court order; (2) performed to carry out a specific lawful commercial purpose; or (3) authorized, required, or protected by local, State, or federal law. (c) A person may not engage in stalking. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. (e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.

Md. Code, Criminal Law § 3-803

(a) (1) In this section the following words have the meanings indicated. (2) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding a residence. (3) “Visual surveillance” has the meaning stated in § 3–901 of this title. (b) A person may not follow another in or about a public place, conduct visual surveillance of an area of another’s residence where the other has a reasonable expectation of privacy, or maliciously engage in a course of conduct that alarms or seriously annoys the other: (1) with the intent to harass, alarm, or annoy the other; (2) after receiving a reasonable warning or request to stop by or on behalf of the other; and (3) without a legal purpose. (c) (1) This section does not apply to a peaceable activity intended to express a political view or provide information to others. (2) This section may not be construed in a manner that infringes on any right guaranteed under the United States Constitution or the Maryland Declaration of Rights. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and (2) for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.

Md. Code, Criminal Law § 3-804

(a) A person may not use telephone facilities or equipment to make: (1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another; (2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or (3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $500 or both.

Md. Code, Criminal Law § 3-805

(a) (1) In this section the following words have the meanings indicated. (2) “Electronic communication” means the act of transmitting any information, data, writing, image, or communication by the use of a computer or any other electronic means, including a communication that involves the use of e–mail, an instant messaging service, an Internet website, a social media application, a network call, a facsimile machine, or any other Internet–based communication tool. (3) “Electronic conduct” means the use of a computer or a computer network to: (i) build a fake social media profile; (ii) pose as another, including a fictitious person in an electronic communication; (iii) disseminate or encourage others to disseminate information concerning the sexual activity, as defined in § 3–809 of this subtitle, of a minor; (iv) disseminate a real or doctored image of a minor; (v) engage or encourage others to engage in the repeated, continuing, or sustained use of electronic communication to contact a minor; (vi) make a statement to provoke a third party to stalk or harass a minor; or (vii) subscribe a minor to a pornographic website. (4) “Instant messaging service” means a computer service allowing two or more users to communicate with each other in real time. (5) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones. (6) “Social media application” means any program, software, or website that allows a person to become a registered user for the purpose of establishing personal relationships with one or more other users through: (i) direct or real–time communication; or (ii) the creation of websites or profiles capable of being viewed by the public or other users. (7) “Social media profile” means a website or profile created using a social media application. (b) (1) A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another: (i) with the intent to harass, alarm, or annoy the other; (ii) after receiving a reasonable warning or request to stop by or on behalf of the other; and (iii) without a legal purpose. (2) A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent: (i) to kill, injure, harass, or cause serious emotional distress to the minor; or (ii) to place the minor in reasonable fear of death or serious bodily injury. (3) A person may not maliciously engage in an electronic communication if: (i) the electronic communication is part of a series of communications and has the effect of: 1. intimidating or harassing a minor; and 2. causing physical injury or serious emotional distress to a minor; and (ii) the person engaging in the electronic communication intends to: 1. intimidate or harass the minor; and 2. cause physical injury or serious emotional distress to the minor. (4) A person may not maliciously engage in a single significant act or course of conduct using an electronic communication if: (i) the person’s conduct, when considered in its entirety, has the effect of: 1. intimidating or harassing a minor; and 2. causing physical injury or serious emotional distress to a minor; (ii) the person intends to: 1. intimidate or harass the minor; and 2. cause physical injury or serious emotional distress to the minor; and (iii) in the case of a single significant act, the communication: 1. is made after receiving a reasonable warning or request to stop; 2. is sent with a reasonable expectation that the recipient would share the communication with a third party; or 3. shocks the conscience. (5) A person may not maliciously engage in electronic conduct if: (i) the act of electronic conduct has the effect of: 1. intimidating or harassing a minor; and 2. causing physical injury or serious emotional distress to a minor; and (ii) the person intends to: 1. intimidate or harass the minor; and 2. cause physical injury or serious emotional distress to the minor. (6) A person may not violate this section with the intent to induce a minor to commit suicide. (c) It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication, if a court order directs the person to provide the information, facilities, or technical assistance: (1) a provider of electronic communication; (2) an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or (3) a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication. (d) Subsection (b)(1) through (5) of this section does not apply to a peaceable activity: (1) intended to express a political view or provide information to others; or (2) conducted for a lawful purpose. (e) (1) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both. (2) A person who violates subsection (b)(6) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 3-805.1

§3–805.1. (a) (1) In this section the following words have the meanings indicated. (2) “Commercial electronic mail message” means an electronic message sent primarily for the purpose of commercial advertisement or promotion of: (i) a commercial product; (ii) a commercial service; (iii) the content on an Internet website; or (iv) a website operated for a commercial purpose. (3) “Domain name” means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic mail address on the Internet. (4) “Electronic mail service provider” means any person, including an Internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account. (5) “Financial institution” has the same meaning as provided in § 1–101 of the Financial Institutions Article. (6) “Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes. (7) The term “initiate”, when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message and does not include actions that constitute routine conveyance of such message. (8) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks. (9) “Internet protocol address” means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet. (10) “Materially falsified” means altered or concealed in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this section: (i) a recipient of the message; (ii) an Internet access service processing the message on behalf of a recipient; (iii) a person alleging a violation of this section; or (iv) a law enforcement agency. (11) “Multiple” means: (i) more than 10 commercial electronic mail messages during a 24–hour period; (ii) more than 100 commercial electronic mail messages during a 30–day period; or (iii) more than 1,000 commercial electronic mail messages during a 1–year period. (12) “Protected computer” means a computer used in intrastate or interstate communication. (13) “Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses. (b) A person may not conspire to or knowingly: (1) use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message; (2) materially falsify header information in multiple commercial electronic mail messages and intentionally initiate the transmission of the messages; (3) register, using information that materially falsifies the identity of the actual registrant, for 15 or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiate the transmission of multiple commercial electronic mail messages from one or any combination of accounts or domain names; (4) falsely represent the right to use five or more Internet protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from the Internet protocol addresses; (5) access a protected computer of another without authorization, and intentionally initiate the transmission of multiple electronic mail advertisements from or through the protected computer; (6) violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting addresses to which a message was transmitted, knowing that: (i) the electronic mail addresses of the recipients were obtained using an automated means from an Internet website or proprietary online service operated by another person; and (ii) the website or online service included, at the time the addresses were obtained, a notice stating that the operator of the website or online service will not transfer addresses maintained by the website or online service to any other party for the purposes of initiating or enabling others to initiate electronic mail messages; or (7) violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting electronic mail addresses of recipients obtained using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations. (c) (1) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. (2) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section involving the transmission of more than 250 commercial electronic mail messages during a 24–hour period, 2,500 commercial electronic mail messages during any 30–day period, or 25,000 commercial electronic mail messages during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (3) A person who violates subsection (b)(3) of this section involving 20 or more electronic mail accounts or 10 or more domain names and intentionally initiates the transmission of multiple commercial electronic mail messages from the accounts or using the domain names is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (4) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section that causes a loss of $500 or more during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (5) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in concert with three or more other persons as the leader or organizer of the action that constitutes the violation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (6) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in furtherance of a felony, or who has previously been convicted of an offense under the laws of this State, another state, or under any federal law involving the transmission of multiple commercial electronic mail messages is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both. (7) A person who violates subsection (b)(6) or (7) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both. (d) In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of this section forfeit to the State: (1) any money and other income, including all proceeds earned but not yet received by a defendant from a third party as a result of the defendant’s violation of this section; and (2) all computer equipment, computer software, and personal property used in connection with a violation of this section known by the owner to have been used in violation of this section. (e) (1) An action brought under this subsection shall be commenced within 2 years after the commission of the act. (2) The Attorney General may institute a civil action against a person who violates this section to recover a civil penalty not exceeding: (i) $25,000 per day of violation; or (ii) not less than $2 nor more than $8 per commercial electronic mail message initiated in violation of this section. (3) The Attorney General may seek an injunction in a civil action to prohibit a person who has engaged in or is engaged in a violation of this section from engaging in the violation. (4) The Attorney General may enforce criminal violations of this section. (f) Nothing in this section shall be construed to have any effect on the lawfulness of the adoption, implementation, or enforcement by an electronic mail service provider of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages under any other provision of law.

Md. Code, Criminal Law § 3-806

(a) In this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. (b) This section may not be construed to apply to the use of a laser pointer: (1) for educational purposes by individuals engaged in an organized meeting or training class; or (2) during the normal course of work or trade activities. (c) A person may not knowingly use a laser pointer to illuminate another in a public place in a manner that harasses or endangers the other. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Criminal Law § 3-807

(a) In this section, “laser pointer” has the meaning stated in § 3–806 of this subtitle. (b) This section does not apply to the use of a laser pointer: (1) by an individual conducting research and development or flight testing for an aircraft manufacturer or the Federal Aviation Administration; (2) by a member of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity during an activity related to research and development, flight testing, or training; (3) by a law enforcement officer, as defined in § 1–101 of the Public Safety Article, acting in an official capacity; (4) by an individual attempting to make the individual’s location known; or (5) by an individual attempting to give a warning signal. (c) A person may not knowingly and willfully shine, point, or focus the beam of a laser pointer on an individual operating an aircraft. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

Md. Code, Criminal Law § 3-808

(a) A person may not file a lien or an encumbrance in a public or private record against the real or personal property of another if the person knows that the lien or encumbrance is: (1) false; or (2) contains or is based on a materially false, fictitious, or fraudulent statement or representation. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both; and (2) for each subsequent violation, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 3-809

(a) (1) In this section the following words have the meanings indicated. (2) “Distribute” means to give, sell, transfer, disseminate, publish, upload, circulate, broadcast, make available, allow access to, or engage in any other form of transmission, electronic or otherwise. (3) “Harm” means: (i) physical injury; (ii) serious emotional distress; or (iii) economic damages. (4) “Intimate parts” means the naked genitals, pubic area, buttocks, or female nipple. (5) “Sexual activity” means: (i) sexual intercourse, including genital–genital, oral–genital, anal–genital, or oral–anal; (ii) masturbation; or (iii) sadomasochistic abuse. (6) (i) “Visual representation” of an identifiable person means: 1. an unaltered image of the person; or 2. an image created with or without using other existing depictions of the person that is indistinguishable from the person, from the perspective of an ordinary person. (ii) “Visual representation” includes a computer–generated image. (iii) “Visual representation” does not include an image or depiction that is: 1. a drawing; 2. a cartoon; 3. a sculpture; or 4. a painting. (b) (1) This section does not apply to: (i) lawful and common practices of law enforcement, the reporting of unlawful conduct, or legal proceedings; or (ii) situations involving voluntary exposure in public or commercial settings. (2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is not liable under this section for content provided by another person. (c) A person may not knowingly distribute a visual representation of another identifiable person that displays the other person with intimate parts exposed or while engaged in an act of sexual activity: (1) with the intent to harm, harass, intimidate, threaten, or coerce the other person; (2) (i) under circumstances in which the person knew that the other person did not consent to the distribution; or (ii) with reckless disregard as to whether the person consented to the distribution; and (3) under circumstances in which the other person had a reasonable expectation that the image would remain private. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both. (e) A person who violates this section is subject to § 5–106(b) of the Courts Article. (f) (1) A person whose visual representation was distributed in violation of this section has a civil cause of action for defamation per se or invasion of privacy against any person who distributed the visual representation. (2) In addition to other relief, the court may award reasonable attorney’s fees to a prevailing plaintiff under this subsection. (g) A visual representation of a victim that is part of a court record for a case arising under this section: (1) subject to item (2) of this subsection, may not be made available for public inspection; and (2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge or civil action under this section to: (i) court personnel; (ii) a jury in a criminal case brought under this section; (iii) the State’s Attorney or the State’s Attorney’s designee; (iv) the Attorney General or the Attorney General’s designee; (v) a law enforcement officer; (vi) the plaintiff or the plaintiff’s attorney; (vii) the defendant or the defendant’s attorney; or (viii) the victim or the victim’s attorney.

Md. Code, Criminal Law § 3-901

(a) (1) In this section the following words have the meanings indicated. (2) “Private place” means a dressing room or rest room in a retail store. (3) “Visual surveillance” means surveillance by: (i) direct sight; (ii) the use of mirrors; (iii) the use of cameras; or (iv) the use of an electronic device that can be used surreptitiously to observe an individual. (b) This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties. (c) A person may not conduct or procure another to conduct visual surveillance of an individual in a private place without the consent of that individual. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both. (e) It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located. (f) (1) An individual who was under visual surveillance in violation of this section has a civil cause of action against any person who conducted or procured a person to conduct the visual surveillance. (2) In an action under this subsection, the court may award actual damages and reasonable attorney’s fees.

Md. Code, Criminal Law § 3-902

(a) (1) In this section the following words have the meanings indicated. (2) “Camera” includes any electronic device that can be used surreptitiously to observe an individual. (3) “Female breast” means a portion of the female breast below the top of the areola. (4) “Private area of an individual” means the naked or undergarment–clad genitals, pubic area, buttocks, or female breast of an individual. (5) (i) “Private place” means a room in which a person can reasonably be expected to fully or partially disrobe and has a reasonable expectation of privacy, in: 1. an office, business, or store; 2. a recreational facility; 3. a restaurant or tavern; 4. a hotel, motel, or other lodging facility; 5. a theater or sports arena; 6. a school or other educational institution; 7. a bank or other financial institution; 8. any part of a family child care home used for the care and custody of a child; 9. a residence; or 10. another place of private or public use or accommodation. (ii) “Private place” includes a tanning room, dressing room, bedroom, or restroom. (6) (i) “Visual surveillance” means the deliberate, surreptitious observation of an individual by any means. (ii) “Visual surveillance” includes surveillance by: 1. direct sight; 2. the use of mirrors; or 3. the use of cameras. (iii) “Visual surveillance” does not include a casual, momentary, or unintentional observation of an individual. (b) This section does not apply to a person who without prurient intent: (1) conducts filming by or for the print or broadcast media; (2) conducts or procures another to conduct visual surveillance of an individual to protect property or public safety or prevent crime; or (3) conducts visual surveillance and: (i) holds a license issued under Title 13 or Title 19 of the Business Occupations and Professions Article; and (ii) is acting within the scope of the person’s occupation. (c) A person may not with prurient intent conduct or procure another to conduct visual surveillance of: (1) an individual in a private place without the consent of that individual; or (2) the private area of an individual by use of a camera without the consent of the individual under circumstances in which a reasonable person would believe that the private area of the individual would not be visible to the public, regardless of the location of the individual. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both. (e) (1) An individual who was under visual surveillance in violation of this section has a civil cause of action against any person who conducted or procured another to conduct the visual surveillance. (2) In an action under this subsection, the court may award actual damages and reasonable attorney’s fees. (f) This section does not affect any legal or equitable right or remedy otherwise provided by law. (g) This section does not affect the application of § 3–901 of this subtitle.

Md. Code, Criminal Law § 3-903

(a) In this section, “camera” includes any electronic device that can be used surreptitiously to observe an individual. (b) This section does not apply to: (1) an adult resident of the private residence where a camera is placed; (2) a person who places or procures another to place a camera on real property without the intent to conduct deliberate surreptitious observation of an individual inside the private residence; (3) a person who has obtained the consent of an adult resident, or the adult resident’s legal guardian, to place a camera on real property to conduct deliberate surreptitious observation of an individual inside the private residence; (4) any otherwise lawful observation with a camera conducted by a law enforcement officer while performing official duties; (5) filming conducted by a person by or for the print or broadcast media through use of a camera that is not secreted from view; (6) any part of a private residence used for business purposes, including any part of a private residence used as a family child care home for the care and custody of a child; (7) filming of a private residence by a person through use of a camera that is not located on the real property where the private residence is located; or (8) any otherwise lawful observation with a camera of the common area of multiunit family dwellings by a person that holds a license under Title 13 or Title 19 of the Business Occupations and Professions Article, acting within the scope of the person’s occupation. (c) A person may not place or procure another to place a camera on real property where a private residence is located to conduct deliberate surreptitious observation of an individual inside the private residence. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both. (e) Subject to subsection (b)(1) of this section, it is not a defense to a prosecution under this section that the defendant owns the private residence. (f) A good faith reliance on a court order is a complete defense to a civil or criminal action brought under this section. (g) (1) An individual who was observed through the use of a camera in violation of this section has a civil cause of action against any person who placed or procured another to place the camera on the real property. (2) In an action under this subsection, the court may award damages and reasonable attorney’s fees. (h) This section does not affect any legal or equitable right or remedy otherwise provided by law.

Md. Code, Criminal Law § 3-904

(a) The General Assembly declares that: (1) the protection and preservation of the home is the keystone of democratic government; (2) the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy and, when absent from their homes, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes; (3) the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants; (4) the purpose of this practice is to harass the occupants of the residences and dwelling places; (5) without resort to this practice, full opportunity exists, and under the provisions of this article will continue to exist, for the exercise of freedom of speech and other constitutional rights; and (6) the provisions of this section are necessary in the public interest to avoid the detrimental results described in this subsection. (b) This section does not prohibit: (1) picketing or assembly in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article; (2) picketing in a lawful manner of a person’s home when it is also the person’s sole place of business; or (3) holding a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest. (c) A person may not intentionally assemble with another in a manner that disrupts a person’s right to tranquility in the person’s home. (d) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both. (2) Each day on which a violation of this section occurs is a separate violation. (e) In addition to the penalty provided in subsection (d) of this section, a circuit court: (1) may enjoin conduct proscribed by this section; and (2) in the proceeding for injunctive relief, may award damages, including punitive damages, against any person found guilty of violating this section.

Md. Code, Criminal Law § 3-905

(a) A person may not take and break open a letter that is not addressed to the person without permission from the person to whom the letter is addressed or the personal representative of the addressee’s estate. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for 6 days and a fine of $15.

Md. Code, Criminal Law § 3-906

(a) (1) In this section the following words have the meanings indicated. (2) “Telegraph company” has the meaning stated in § 1–101 of the Public Utilities Article. (3) “Telegraph lines” has the meaning stated in § 1–101 of the Public Utilities Article. (4) “Telephone company” has the meaning stated in § 1–101 of the Public Utilities Article. (5) “Telephone lines” has the meaning stated in § 1–101 of the Public Utilities Article. (b) An employee or agent of a telegraph company or telephone company, or of a person operating telegraph lines or telephone lines for profit in the State, may not: (1) willfully divulge the contents or nature of the contents of a private communication that is entrusted to the person for transmission or delivery; or (2) willfully refuse or neglect to transmit or deliver a private communication. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 months or a fine not exceeding $500 or both.

Md. Code, Criminal Law § 3-907

(a) (1) In this section the following words have the meanings indicated. (2) “Protected individual” means an individual who buys, rents, or borrows a videotape, video disk, or film from a videotape distributor. (3) “Publish” means to distribute to a person other than the protected individual or an agent of the protected individual. (4) “Videotape distributor” means a retail establishment operating for profit that sells, rents, or loans videotapes, video disks, or films. (b) Except as provided in subsection (d) of this section, a videotape distributor, or an agent or employee of a videotape distributor, may not publish the following information relating to sales, rentals, or loans of videotapes, video disks, or films to a protected individual: (1) any numerical designation used by the videotape distributor to identify the protected individual; or (2) any listing of videotapes, video disks, or films bought, rented, or borrowed by the protected individual from the videotape distributor. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months for all violations or a fine not exceeding $500 for each violation or both. (d) This section does not prohibit the distribution of information protected under subsection (b) of this section to: (1) a person designated by the videotape distributor and authorized by the protected individual before distribution to receive the information; (2) any appropriately authorized law enforcement personnel; or (3) a collection agency used or person designated by the videotape distributor to collect unreturned rental videotapes, video disks, or films, or an amount equal to their value.

Md. Code, Criminal Law § 3-1001

(a) This section applies to a threat made by oral or written communication or electronic communication, as defined in § 3–805(a) of this title. (b) A person may not knowingly threaten to commit or threaten to cause to be committed a crime of violence, as defined in § 14–101 of this article, that would place five or more people at substantial risk of death or serious physical injury, as defined in § 3–201 of this title, if the threat were carried out. (c) (1) A person who violates this section is guilty of the misdemeanor of making a threat of mass violence and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. (2) In addition to the penalties provided in paragraph (1) of this subsection, a court shall order a person convicted under this section to reimburse the appropriate unit of federal, State, or local government or other person for any expenses and losses incurred in responding to the unlawful threat unless the court states on the record the reasons why reimbursement would be inappropriate. (d) A person who violates this section may be indicted, prosecuted, tried, and convicted in any county where: (1) the threat was received; (2) the threat was made; or (3) the consequences of the threat occurred.

Md. Code, Criminal Law § 3-1101

(a) In this subtitle the following words have the meanings indicated. (b) “Assignation” has the meaning stated in § 11–301 of this article. (c) “Prostitution” has the meaning stated in § 11–301 of this article. (d) “Sexually explicit performance” has the meaning stated in § 11–301 of this article.

Md. Code, Criminal Law § 3-1102

(a) (1) A person may not knowingly: (i) take or cause another to be taken to any place for prostitution; (ii) place, cause to be placed, or harbor another in any place for prostitution; (iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution; (iv) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation; (v) engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm; or (vi) destroy, conceal, remove, confiscate, or possess an actual or purported passport, immigration document, or government identification document of another while otherwise violating or attempting to violate this subsection. (2) A parent, guardian, or person who has permanent or temporary care or custody or responsibility for supervision of another may not consent to the taking or detention of the other for prostitution. (b) (1) A person may not violate subsection (a) of this section involving a victim who is a minor. (2) A person may not violate subsection (a) of this section with the use of or intent to use force, threat, coercion, or fraud. (c) (1) (i) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the misdemeanor of sex trafficking and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both. (ii) A person who violates subsection (a) of this section is subject to § 5–106(b) of the Courts Article. (2) A person who violates subsection (b) of this section is guilty of the felony of sex trafficking and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both. (d) A person who violates this section may be charged, tried, and sentenced in any county in or through which the person transported or attempted to transport the other. (e) (1) A person who knowingly benefits financially or by receiving anything of value from participation in a venture that includes an act described in subsection (a) or (b) of this section is subject to the same penalties that would apply if the person had violated that subsection. (2) A person who knowingly aids, abets, or conspires with one or more other persons to violate any subsection of this section is subject to the same penalties that apply for a violation of that subsection. (f) It is not a defense to a prosecution under subsection (b)(1) or (e) of this section that the person did not know the age of the victim.

Md. Code, Criminal Law § 3-1103

(a) A person may not knowingly: (1) take or detain another with the intent to use force, threat, coercion, or fraud to compel the other to marry any person; (2) receive a financial benefit or thing of value in relation to a violation of this subsection; or (3) aid, abet, or conspire with another to violate this subsection. (b) A person who violates this section is guilty of the felony of forced marriage and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both. (c) A person who violates this section may be charged, tried, and sentenced in any county in or through which the person transported or attempted to transport the victim.

Md. Code, Criminal Law § 3-1201

(a) In this subtitle the following words have the meanings indicated. (b) “Coercion” includes actual or threatened: (1) use of physical force against an individual; (2) restraint, abduction, isolation, or confinement of an individual against the individual’s will and without lawful authority; (3) control or direction of the activity of an individual through debt bondage; (4) destruction, concealment, removal, confiscation, withholding, or possession of an actual or purported passport, immigration document, or governmental identification document of an individual; (5) infliction of serious psychological harm to an individual; (6) control of an individual’s access to a controlled dangerous substance; (7) exposure or dissemination of any fact or information that would tend to subject an individual to criminal or immigration proceedings; (8) notification to an agency or unit of the State or federal government that an individual is present in the United States in violation of federal immigration law; and (9) exploitation of a vulnerable adult. (c) “Controlled dangerous substance” has the meaning stated in § 5–101 of this article. (d) “Debt bondage” means the status or condition of an individual who provides labor, services, or sex acts to pay a real or alleged debt, where: (1) the value of the labor, services, or sex act is not applied toward the liquidation of the debt; (2) the nature of the labor, services, or sex act is not limited or defined; or (3) the amount of the debt does not reasonably reflect the value of items, services, or other things of value for which the debt was incurred. (e) “Vulnerable adult” has the meaning stated in § 3–604 of this article.

Md. Code, Criminal Law § 3-1202

(a) A person may not knowingly: (1) take, place, harbor, persuade, induce, or entice another by force, fraud, or coercion to provide services or labor; or (2) receive a benefit or thing of value from the provision of services or labor by another that was induced by force, fraud, or coercion. (b) A person may not aid or conspire with another to commit a violation of subsection (a) of this section. (c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both.

Md. Code, Criminal Law § 3-1203

(a) A State’s Attorney or the Attorney General may investigate and prosecute a violation of this subtitle or a violation of any crime based on the act establishing a violation of this subtitle. (b) If the Attorney General exercises authority under subsection (a) of this section, the Attorney General has all the powers and duties of a State’s Attorney to investigate and prosecute the violation.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026