# Criminal Law (GCR)

## Title 6. Crimes Against Property

### Subtitle 1. Arson and Burning

#### Section 6-101

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

(b)

  (1) "Dwelling" means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present.

  (2) "Dwelling" includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the dwelling.

(c) "Maliciously" means acting with intent to harm a person or property.

(d)

  (1) "Structure" means a building or other construction, a vehicle, or watercraft.

  (2) "Structure" includes a:

    (i) barn, stable, pier, wharf, and any facility attached to a pier or wharf;

    (ii) tent, public building, or public bridge; and

    (iii) railroad car.

(e) "Willfully" means acting intentionally, knowingly, and purposely.

#### Section 6-102

(a) A person may not willfully and maliciously set fire to or burn:

  (1) a dwelling; or

  (2) a structure in or on which an individual who is not a participant is present.

(b) A person who violates this section is guilty of the felony of arson in the first degree and on conviction is subject to imprisonment not exceeding 30 years or a fine not exceeding $50,000 or both.

(c) It is not a defense to a prosecution under this section that the person owns the property.

#### Section 6-103

(a) A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.

(b) A person who violates this section is guilty of the felony of arson in the second degree and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $30,000 or both.

(c) It is not a defense to a prosecution under this section that the person owns the property.

#### Section 6-104

(a) This section applies to a violation involving property damage of $1,000 or more.

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

(c) A person who violates this section is guilty of the felony of malicious burning in the first degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

#### Section 6-105

(a) This section applies to a violation involving property damage of less than $1,000.

(b) A person may not willfully and maliciously set fire to or burn the personal property of another.

(c) A person who violates this section is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

#### Section 6-106

(a) A person may not set fire to or burn property of any kind with the intent to defraud another.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(c) A person who violates this section is subject to Sec. 5-106(b) of the Courts Article.

(d) 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 6-107

(a) A person may not threaten verbally or in writing to:

  (1) set fire to or burn a structure; or

  (2) explode a destructive device, as defined in Sec. 4-501 of this article, in, on, or under a structure.

(b) A person 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 $10,000 or both.

#### Section 6-108

(a) A person may not willfully and maliciously set fire to or burn the contents of a dumpster or trash receptacle that belongs to another.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $500 or both.

#### Section 6-109

Placing or distributing a flammable, explosive, or combustible material or device in or near a structure or personal property in preparation for burning the structure or property is an attempt to burn the structure or property.

#### Section 6-110

If a structure is divided into separately owned or leased units, each unit is a separate structure for purposes of prosecution under this subtitle.

#### Section 6-111

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

"(name of defendant) on (date) in (county) burned or set fire to (describe property) 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 under this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

#### Section 6-112

(a)

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

  (2) "Crime of malicious or fraudulent burning" means a violation of Sec. 6-104, Sec. 6-105, or Sec. 6-106 of this subtitle.

  (3) "Serious physical injury" has the meaning stated in Sec. 3-201 of this article.

(b) A person may not commit a crime of malicious or fraudulent burning that results in the death of or serious physical injury to a firefighter.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years.

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence imposed for any crime based on the act establishing the violation of this section.

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