# Criminal Law (GCR)

## Title 2. Homicide

### Subtitle 1. General Provisions

#### Section 2-101

(a) In this title the following words have the meanings indicated.

(b) "Imprisonment for life without the possibility of parole" means imprisonment for the natural life of an incarcerated individual under the custody of a correctional facility.

(c)

  (1) "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.

#### Section 2-102

A prosecution may be instituted for murder, manslaughter, or unlawful homicide, whether at common law or under this title, regardless of the time that has elapsed between the act or omission that caused the death of the victim and the victim's death.

#### Section 2-103

(a) For purposes of a prosecution under this title, "viable" has the meaning stated in Sec. 20-209 of the Health - General Article.

(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.

(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:

  (1) intended to cause the death of the viable fetus;

  (2) intended to cause serious physical injury to the viable fetus; or

  (3) wantonly or recklessly disregarded the likelihood that the person's actions would cause the death of or serious physical injury to the viable fetus.

(d) Nothing in this section applies to or infringes on a woman's right to terminate a pregnancy as stated in Sec. 20-209 of the Health - General Article.

(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.

(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.

(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.

### Subtitle 2. Murder and Manslaughter

#### Section 2-201

(a) A murder is in the first degree if it is:

  (1) a deliberate, premeditated, and willful killing;

  (2) committed by lying in wait;

  (3) committed by poison; or

  (4) committed in the perpetration of or an attempt to perpetrate:

    (i) arson in the first degree;

    (ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:

      (1) is not parcel to a dwelling; and

      (2) contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;

    (iii) burglary in the first, second, or third degree;

    (iv) carjacking or armed carjacking;

    (v) escape in the first degree from a State correctional facility or a local correctional facility;

    (vi) kidnapping under Sec. 3-502 or Sec. 3-503(a)(2) of this article;

    (vii) mayhem;

    (viii) rape;

    (ix) robbery under Sec. 3-402 or Sec. 3-403 of this article;

    (x) sexual offense in the first or second degree;

    (xi) sodomy as that crime existed before October 1, 2020; or

    (xii) a violation of Sec. 4-503 of this article concerning destructive devices.

(b)

  (1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:

    (i) imprisonment for life without the possibility of parole; or

    (ii) imprisonment for life.

  (2) Unless a sentence of imprisonment for life without the possibility of parole is imposed in compliance with Sec. 2-203 of this subtitle and Sec. 2-304 of this title, the sentence shall be imprisonment for life.

(c) A person who solicits another or conspires with another to commit murder in the first degree is guilty of murder in the first degree if the death of another occurs as a result of the solicitation or conspiracy.

#### Section 2-203

A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:

(1) at least 30 days before trial, the State gave written notice to the defendant of the State's intention to seek a sentence of imprisonment for life without the possibility of parole; and

(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with Sec. 2-304 of this title.

#### Section 2-204

(a) A murder that is not in the first degree under Sec. 2-201 of this subtitle is in the second degree.

(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 40 years.

#### Section 2-205

A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

#### Section 2-206

A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

#### Section 2-207

(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:

  (1) imprisonment not exceeding 10 years; or

  (2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.

(b) The discovery of one's spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.

(c) 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, does not constitute legally adequate provocation to mitigate a killing from the crime of murder to manslaughter.

#### Section 2-208

(a) An indictment for murder or manslaughter is sufficient if it substantially states:

"(name of defendant) on (date) in (county) feloniously (willfully and with deliberately premeditated malice) killed (and murdered) (name of victim) against the peace, government, and dignity of the State.".

(b) An indictment for murder or manslaughter, or for being an accessory to murder or manslaughter, need not set forth the manner or means of death.

#### Section 2-209

(a) In this section, "vehicle" includes a motor vehicle, streetcar, locomotive, engine, and train.

(b) A person may not cause the death of another as a result of the person's driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.

(c) A violation of this section is manslaughter by vehicle or vessel.

(d)

  (1) Except as provided in paragraph (2) of this subsection, 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 $5,000 or both.

  (2)

    (i) A person who violates this section, having previously been convicted under this section, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $10,000 or both.

    (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, 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, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

(e)

  (1) An indictment or other charging document for manslaughter by vehicle or vessel is sufficient if it substantially states:

  "(name of defendant) on (date) in (county) killed (name of victim) in a grossly negligent manner against the peace, government, and dignity of the State.".

  (2) An indictment or other charging document for manslaughter by vehicle or vessel need not set forth the manner or means of death.

#### Section 2-210

(a) In this section, "vehicle" includes a motor vehicle, streetcar, locomotive, engine, and train.

(b) A person may not cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.

(c) For purposes 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 the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a negligent manner.

(e) A violation of this section is criminally negligent manslaughter by vehicle or vessel.

(f)

  (1) Except as provided in paragraph (2) of this subsection, 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 $5,000 or both.

  (2)

    (i) A person who violates this section, having previously been convicted under this section, Sec. 2-209, Sec. 2-503, Sec. 2-504, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, 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.

    (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, 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, Sec. 2-209, Sec. 2-503, Sec. 2-504, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

### Subtitle 3. Murder -- Trial and Sentencing

#### Section 2-302

When a court or jury finds a person guilty of murder, the court or jury shall state in the verdict whether the person is guilty of murder in the first degree or murder in the second degree.

#### Section 2-304

(a) If the State gave notice under Sec. 2-203(1) of this title, the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life.

(b)

  (1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous.

  (2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole.

  (3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life.

#### Section 2-305

The Supreme Court of Maryland may adopt:

(1) rules of procedure to govern the conduct of sentencing proceedings under Sec. 2-304 of this subtitle; and

(2) forms for a court or jury to use in making written findings and sentence determinations.

### Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence

#### Section 2-501

In this subtitle, "under the influence of alcohol per se" means an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

#### Section 2-502

(a) For purposes of determining alcohol concentration under this subtitle, 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.

(b) The presumptions and evidentiary rules of Sec.Sec. 10-302, 10-306, 10-307, and 10-308 of the Courts Article apply to a person charged under this subtitle.

#### Section 2-503

(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while:

  (1) under the influence of alcohol; or

  (2) under the influence of alcohol per se.

(b) A violation of this section is:

  (1) homicide by motor vehicle or vessel while under the influence of alcohol; or

  (2) homicide by motor vehicle or vessel while under the influence of alcohol per se.

(c)

  (1) Except as provided in paragraph (2) of this subsection, 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.

  (2)

    (i) A person who violates this section, having previously been convicted under this section, Sec. 2-209, Sec. 2-210, Sec. 2-504, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, 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.

    (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, 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, Sec. 2-209, Sec. 2-210, Sec. 2-504, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

#### Section 2-504

(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.

(c)

  (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

  (2)

    (i) A person who violates this section, having previously been convicted under this section, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, 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.

    (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-505, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

#### Section 2-505

(a) A person may not cause the death of 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.

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.

(c)

  (1) Except as provided in paragraph (2) of this subsection, 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.

  (2)

    (i) A person who violates this section, having previously been convicted under this section, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, 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.

    (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-506, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.

#### Section 2-506

(a) A person may not cause the death of 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 Sec. 5-101 of this article.

(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.

(c)

  (1) Except as provided in paragraph (2) of this subsection, 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.

  (2)

    (i) A person who violates this section, having previously been convicted under this section, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, 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.

    (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 3-211 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.

#### Section 2-507

(a) An indictment, information, or other charging document for a crime under this subtitle is sufficient if it substantially states:

  (1) "(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol by killing (name of victim) against the peace, government, and dignity of the State.";

  (2) "(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol per se by killing (name of victim) against the peace, government, and dignity of the State.";

  (3) "(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by alcohol by killing (name of victim) against the peace, government, and dignity of the State.";

  (4) "(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by drugs by killing (name of victim) against the peace, government, and dignity of the State."; or

  (5) "(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by a controlled dangerous substance by killing (name of victim) against the peace, government, and dignity of the State.".

(b) An indictment, information, or other charging document for a crime under this subtitle need not set forth the manner or means of death.

#### Section 2-508

The clerk of the court shall notify the Motor Vehicle Administration of each person convicted under this subtitle of a crime involving a motor vehicle.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)