Title 11. Victims and Witnesses — Subtitle 3. Trial Procedures
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 11-301 (2026)
Title 11. Victims and Witnesses
Subtitle 3. Trial Procedures
§ 11–301LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Identifying information” means the name of, and any other information that could reasonably be expected to identify, a minor victim, a victim of sexual assault, or a victim of stalking.
(3)
“Minor victim” means an alleged victim of a crime or delinquent act who was a minor at the time that the crime or delinquent act occurred.
(4)
“Victim of sexual assault” means an alleged victim of sexually assaultive behavior as defined in § 10–923 of the Courts Article or a crime under Title 3, Subtitle 11 of the Criminal Law Article.
(5)
“Victim of stalking” means an alleged victim of stalking as defined in § 3–802 of the Criminal Law Article.
(b)
On motion of the State or on request of a victim or witness, during a criminal trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the address or telephone number of the victim or witness unless the court determines that good cause is shown for the release of the information.
(c)
Notwithstanding any other law, on notice that an electronic or paper filing includes identifying information of a minor victim, unless the court finds by clear and convincing evidence that there is good cause to order otherwise, the court or a party in a criminal or juvenile delinquency case may not disclose or allow inspection of an electronic or paper court filing, including a charging document, to a nonparty to the criminal or juvenile delinquency case unless the court or the party disclosing or allowing inspection of the filing redacts all identifying information that appears in the filing.
(d)
(1)
Notwithstanding any other law, on notice that a case filing or record includes identifying information of a victim of sexual assault or a victim of stalking, unless the court finds clear and convincing evidence that there is good cause to order otherwise, the court or a party in a criminal or juvenile delinquency case may not disclose or allow inspection of an electronic or paper court filing or record, including a charging document, to a nonparty to the criminal or juvenile delinquency case, except to the victim or the victim’s representative, unless the court or the party disclosing or allowing inspection of the filing or record redacts all identifying information that appears in the filing or record.
(2)
On written request of a victim of sexual assault or a victim of stalking, the court shall redact identifying information relating to the victim from an existing filing or record.
(3)
(i)
(1)
A health occupations board that has licensed or certified the defendant or respondent may petition the court to order the disclosure or allow inspection of an unredacted filing or record described in paragraph (1) of this subsection for the purpose of investigating or otherwise disciplining the defendant or respondent for sexual misconduct in accordance with § 1–212 of the Health Occupations Article.
(2)
The health occupations board shall serve notice of the petition on each party in the case.
(ii)
After receiving notice of a petition under subparagraph (i) of this paragraph, the State’s Attorney shall notify each victim in the case:
(1)
that a petition has been filed to release the victim’s identifying information to a health occupations board for the purpose of discipline against the defendant or respondent;
(2)
of the type of information that may be released to the board;
(3)
how the victim may object to the disclosure to or inspection of the unredacted filing or record; and
(4)
of the sexual assault crisis programs certified under § 11–923 of this title.
(iii)
Unless a victim in the case objects, an investigation or other disciplinary action taken by a health occupations board against a defendant in accordance with § 1–212 of the Health Occupations Article is good cause to allow disclosure or inspection of an unredacted filing or record.
(iv)
A health occupations board that obtains a filing or record under this paragraph may not publicly disclose the record or filing.
Md. Code Ann., Crim. Proc. § 11-302 (2026)
Title 11. Victims and Witnesses
Subtitle 3. Trial Procedures
§ 11–302LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Representative” means a person who is designated by:
(i)
the next of kin or guardian of a victim who is deceased or disabled; or
(ii)
the court in a dispute over who will be the representative.
(3)
“Victim” means a person who is the victim of a crime or delinquent act.
(b)
This section applies to:
(1)
a criminal trial; and
(2)
a juvenile delinquency adjudicatory hearing that is held in open court or that a victim or representative may attend under § 3-8A-13 of the Courts Article.
(c)
Except as provided in subsections (d) and (e) of this section:
(1)
a representative has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent; and
(2)
after initially testifying, a victim has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent.
(d)
The court may sequester a representative or, after a victim has initially testified, the victim from any part of the trial or juvenile delinquency adjudicatory hearing on request of the defendant, child respondent, or the State only after the court determines, with specific findings of fact on the record, that:
(1)
there is reason to believe that the victim will be recalled or the representative will be called to testify at the trial or juvenile delinquency adjudicatory hearing; and
(2)
the presence of the victim or representative would influence the victim’s or representative’s future testimony in a manner that would materially affect a defendant’s right to a fair trial or a child respondent’s right to a fair hearing.
(e)
The court may remove a victim or representative from the trial or juvenile delinquency adjudicatory hearing for the same causes and in the same manner as the law provides for the exclusion or removal of a defendant or a child respondent.
(f)
As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.
(g)
This section does not limit a victim’s or representative’s right to attend a trial or juvenile delinquency adjudicatory hearing as provided in § 3-8A-13 of the Courts Article or § 11-102 of this title.
Md. Code Ann., Crim. Proc. § 11-303 (2026)
Title 11. Victims and Witnesses
Subtitle 3. Trial Procedures
§ 11–303LinkCopy Citation
(a)
(1)
This section applies to a case of abuse of a child under Title 5, Subtitle 7 of the Family Law Article or § 3–601 or § 3–602 of the Criminal Law Article.
(2)
This section does not apply if a defendant or child respondent is without counsel.
(b)
A court may order that the testimony of a child victim be taken outside the courtroom and shown in the courtroom by closed circuit television if:
(1)
the court determines that testimony by the child victim in the presence of a defendant or a child respondent will result in the child victim suffering serious emotional distress; and
(2)
the testimony is taken during the proceeding.
(c)
(1)
In determining whether testimony by the child victim in the presence of the defendant or child respondent will result in the child victim suffering serious emotional distress, the court may:
(i)
observe and question the child victim inside or outside the courtroom; and
(ii)
hear testimony of a parent or custodian of the child victim or other person, including a person who has dealt with the child victim in a therapeutic setting.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph, each defendant or child respondent, one attorney for a defendant or child respondent, one prosecuting attorney, and one attorney for the child victim may be present when the court hears testimony on whether to allow a child victim to testify by closed circuit television.
(ii)
If the court decides to observe or question the child victim in connection with the determination to allow testimony by closed circuit television:
(1)
the court may not allow the defendant or child respondent to be present; but
(2)
one attorney for each defendant or child respondent, one prosecuting attorney, and one attorney for the child victim may be present.
(d)
(1)
If the child victim testifies by closed circuit television, the testimony shall be given within the courthouse in a setting that the court finds will reasonably mitigate the likelihood that the child victim will suffer emotional distress.
(2)
Only the following persons may be in the room with the child victim when the child victim testifies by closed circuit television:
(i)
one prosecuting attorney;
(ii)
one attorney for each defendant or child respondent;
(iii)
one attorney for the child victim;
(iv)
the operators of the closed circuit television equipment; and
(v)
subject to the Maryland Rules, any person whose presence, in the opinion of the court, contributes to the well–being of the child victim, including a person who has dealt with the child victim in a therapeutic setting concerning the abuse.
(3)
During the child victim’s testimony by closed circuit television, the court and the defendant or child respondent shall be in the courtroom.
(4)
(i)
Subject to subsection (f) of this section, the court and the defendant or child respondent shall be allowed to communicate with the persons in the room where the child victim is testifying by any appropriate electronic method.
(ii)
The defendant or child respondent shall have a means of privately communicating orally and in real time with the attorney for the defendant or child respondent who is in the room where the child victim is testifying.
(5)
(i)
In a juvenile delinquency proceeding or criminal proceeding, only one prosecuting attorney, one attorney for each defendant or child respondent, and the court may question the child victim.
(ii)
In a child in need of assistance case, only one attorney for each party and the court may question the child victim.
(e)
This section may not be interpreted to prevent a child victim and a defendant or child respondent from being in the courtroom at the same time when the child victim is asked to identify the defendant or child respondent.
(f)
Under this section, a court may not order the use of two–way closed circuit television or other procedure that would let a child victim see or hear a defendant or child respondent.
Md. Code Ann., Crim. Proc. § 11-304 (2026)
Title 11. Victims and Witnesses
Subtitle 3. Trial Procedures
§ 11–304LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Forensic interviewer” means a professional who:
(i)
is trained in child forensic interviewing protocols and techniques that allow for neutral, legally sound, nonleading, and developmentally appropriate interviews with children to gather information without influencing the information provided by the child;
(ii)
is not a law enforcement officer; and
(iii)
is employed by or works under contract with a child advocacy center as defined in § 13–2201 of the Health – General Article, or an entity in another jurisdiction that would qualify as a child advocacy center in the State.
(3)
“Statement” means:
(i)
an oral or written assertion; or
(ii)
nonverbal conduct intended as an assertion, including sounds, gestures, demonstrations, drawings, and similar actions.
(b)
Subject to subsections (c), (d), and (e) of this section, the court may admit into evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement to prove the truth of the matter asserted in the statement made by a child victim or witness who:
(1)
(i)
is under the age of 13 years; and
(ii)
is an alleged victim or a child alleged to need assistance in the case before the court concerning:
(1)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article;
(2)
rape or sexual offense under §§ 3–303 through 3–307 of the Criminal Law Article;
(3)
attempted rape in the first or second degree under §§ 3–309 and 3–310 of the Criminal Law Article;
(4)
in a juvenile court proceeding, abuse or neglect as defined in § 5–701 of the Family Law Article; or
(5)
neglect of a minor under § 3–602.1 of the Criminal Law Article; or
(2)
(i)
is under the age of 13 years; and
(ii)
is an alleged victim or a witness in a case before the court concerning a crime of violence as defined under § 14–101 of the Criminal Law Article.
(c)
An out of court statement may be admissible under this section only if the statement was made to and is offered by a person acting lawfully in the course of the person’s profession when the statement was made who is:
(1)
a physician;
(2)
a psychologist;
(3)
a nurse;
(4)
a social worker;
(5)
a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school;
(6)
a counselor licensed or certified in accordance with Title 17 of the Health Occupations Article;
(7)
a therapist licensed or certified in accordance with Title 17 of the Health Occupations Article; or
(8)
a forensic interviewer.
(d)
(1)
Under this section, an out of court statement by a child victim or witness may come into evidence in a criminal proceeding or in a juvenile court proceeding other than a child in need of assistance proceeding under Title 3, Subtitle 8 of the Courts Article to prove the truth of the matter asserted in the statement:
(i)
if the statement is not admissible under any other hearsay exception; and
(ii)
if the child victim or witness testifies.
(2)
(i)
In a child in need of assistance proceeding in the juvenile court under Title 3, Subtitle 8 of the Courts Article, an out of court statement by a child victim may come into evidence to prove the truth of the matter asserted in the statement:
(1)
if the statement is not admissible under any other hearsay exception; and
(2)
regardless of whether the child victim testifies.
(ii)
If the child victim does not testify, the child victim’s out of court statement will be admissible only if there is corroborative evidence that the alleged offender had the opportunity to commit the alleged abuse or neglect.
(3)
To provide the defendant, child respondent, or alleged offender with an opportunity to prepare a response to the statement, the prosecuting attorney shall serve on the defendant, child respondent, or alleged offender and the attorney for the defendant, child respondent, or alleged offender within a reasonable time before the juvenile court proceeding and at least 20 days before the criminal proceeding in which the statement is to be offered into evidence, notice of:
(i)
the State’s intention to introduce the statement;
(ii)
any audio or visual recording of the statement; and
(iii)
if an audio or visual recording of the statement is not available, the content of the statement.
(4)
(i)
The defendant, child respondent, or alleged offender may depose a witness who will testify under this section.
(ii)
Unless the State and the defendant, child respondent, or alleged offender agree or the court orders otherwise, the defendant, child respondent, or alleged offender shall file a notice of deposition:
(1)
in a criminal proceeding, at least 5 days before the date of the deposition; or
(2)
in a juvenile court proceeding, within a reasonable time before the date of the deposition.
(iii)
Except where inconsistent with this paragraph, Maryland Rule 4–261 applies to a deposition taken under this paragraph.
(e)
(1)
A child victim’s or witness’s out of court statement is admissible under this section only if the statement has particularized guarantees of trustworthiness.
(2)
To determine whether the statement has particularized guarantees of trustworthiness under this section, the court shall consider, but is not limited to, the following factors:
(i)
the child victim’s or witness’s personal knowledge of the event;
(ii)
the certainty that the statement was made;
(iii)
any apparent motive to fabricate or exhibit partiality by the child victim or witness, including interest, bias, corruption, or coercion;
(iv)
whether the statement was spontaneous or directly responsive to questions;
(v)
the timing of the statement;
(vi)
whether the child victim’s or witness’s young age makes it unlikely that the child victim or witness fabricated the statement that represents a graphic, detailed account beyond the child victim’s or witness’s expected knowledge and experience;
(vii)
the appropriateness of the terminology of the statement to the child victim’s or witness’s age;
(viii)
the nature and duration of the abuse or neglect;
(ix)
the inner consistency and coherence of the statement;
(x)
whether the child victim or witness was suffering pain or distress when making the statement;
(xi)
whether extrinsic evidence exists to show the defendant or child respondent had an opportunity to commit the act complained of in the child victim’s or witness’s statement;
(xii)
whether the statement was suggested by the use of leading questions; and
(xiii)
the credibility of the person testifying about the statement.
(f)
In a hearing outside of the presence of the jury or before the juvenile court proceeding, the court shall:
(1)
make a finding on the record as to the specific guarantees of trustworthiness that are in the statement; and
(2)
determine the admissibility of the statement.
(g)
(1)
In making a determination under subsection (f) of this section, the court shall examine the child victim or witness in a proceeding in the judge’s chambers, the courtroom, or another suitable location that the public may not attend unless:
(i)
the child victim or witness:
(1)
is deceased; or
(2)
is absent from the jurisdiction for good cause shown or the State has been unable to procure the child victim’s or witness’s presence by subpoena or other reasonable means; or
(ii)
the court determines that an audio or visual recording of the child victim’s or witness’s statement makes an examination of the child victim or witness unnecessary.
(2)
Except as provided in paragraph (3) of this subsection, any defendant or child respondent, attorney for a defendant or child respondent, and the prosecuting attorney may be present when the court hears testimony on whether to admit into evidence the out of court statement of a child victim or witness under this section.
(3)
When the court examines the child victim or witness as paragraph (1) of this subsection requires:
(i)
one attorney for each defendant or child respondent, one attorney for the child victim or witness, and one prosecuting attorney may be present at the examination; and
(ii)
the court may not allow a defendant or child respondent to be present at the examination.
(h)
(1)
This section does not limit the admissibility of a statement under any other applicable hearsay exception or rule of evidence.
(2)
This section does not prohibit the court in a juvenile court proceeding from hearing testimony in the judge’s chambers.