# Criminal Law (GCR)

## Title 3. Other Crimes Against the Person

### Subtitle 2. Assault, Reckless Endangerment, and Related Crimes

#### Section 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 Sec. 1-101(c) of the Public Safety Article without application of Sec. 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, Sec. 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified in Sec. 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.

#### Section 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 Sec. 4-201 of this article;

    (ii) an assault pistol, as defined in Sec. 4-301 of this article;

    (iii) a machine gun, as defined in Sec. 4-401 of this article; and

    (iv) a regulated firearm, as defined in Sec. 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.

#### Section 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.

#### Section 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 Sec. 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 Sec. 5-101 of the Public Safety Article.

#### Section 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.

#### Section 3-206

(a) An indictment, information, other charging document, or warrant for a crime described in Sec. 3-202, Sec. 3-203, or Sec. 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 Sec. 3-202, Sec. 3-203, or Sec. 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 Sec. 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.

  (2) A charging document for reckless endangerment under Sec. 3-204 of this subtitle is sufficient if it substantially states:

  "(name of defendant) on (date) in (county) committed reckless endangerment in violation of Sec. 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 Sec. 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 Sec. 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

#### Section 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.

#### Section 3-208

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

#### Section 3-209

(a) Subject to subsection (b) of this section, a person charged with a crime under Sec. 3-202, Sec. 3-203, Sec. 3-204, or Sec. 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.

#### Section 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.

#### Section 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 Sec.Sec. 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 2-506 of this article, or Sec. 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 2-506 of this article, or Sec. 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 2-506 of this article, or Sec. 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 Sec. 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 2-506 of this article, or Sec. 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, Sec. 2-209, Sec. 2-210, Sec. 2-503, Sec. 2-504, Sec. 2-505, or Sec. 2-506 of this article, or Sec. 21-902 of the Transportation Article, shall be considered a violation of this section.

#### Section 3-212

(a) An indictment, information, or other charging document for a crime described in Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 3-211 of this subtitle need not set forth the manner or means of the life-threatening injury.

#### Section 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.

#### Section 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.

#### Section 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.

#### Section 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.

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