# 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.

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