# Criminal Law (GCR)

## Title 3. Other Crimes Against the Person

### Subtitle 6. Abuse and Other Offensive Conduct

#### Section 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.

#### Section 3-601.1

(a)

  (1) A person may not commit a crime of violence as defined in Sec. 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.

#### Section 3-602

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Family member" has the meaning stated in Sec. 3-601 of this subtitle.

  (3) "Household member" has the meaning stated in Sec. 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 Sec. 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.

#### Section 3-602.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Family member" has the meaning stated in Sec. 3-601 of this subtitle.

  (3) "Household member" has the meaning stated in Sec. 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.

#### Section 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 Sec. 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.

#### Section 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.

#### Section 3-604

(a)

  (1) In this section and Sec.Sec. 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 Sec. 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.

#### Section 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.

#### Section 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) Sec. 7-1005 of the Health - General Article if the adult has a developmental disability as defined in Sec. 7-101 of the Health - General Article;

(2) Sec. 10-705 of the Health - General Article if the adult is in a facility as defined in Sec. 10-101 of the Health - General Article;

(3) Sec. 19-346 or Sec. 19-347 of the Health - General Article if the adult is a resident of a related institution as defined in Sec. 19-301 of the Health - General Article; and

(4) Sec.Sec. 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.

#### Section 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.

#### Section 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.

#### Section 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.

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