# Criminal Law (GCR)

## Title 6. Crimes Against Property

### Subtitle 2. Burglary and Related Crimes

#### Section 6-201

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

(b) "Break" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

(c)

  (1) "Burglar's tool" means a tool, instrument, or device adapted, designed, or used to commit or facilitate the commission of a burglary crime.

  (2) "Burglar's tool" includes:

    (i) a picklock, key, crowbar, prybar, jack, or bit;

    (ii) explosive material including nitroglycerine, dynamite, or gunpowder; and

    (iii) a device capable of burning through metal, concrete, or other solid material, including an acetylene torch, electric arc, burning bar, thermal lance, or oxygen lance.

(d) "Crime of violence" has the meaning stated in Sec. 14-101 of this article.

(e) "Dwelling" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

(f) "Enter" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

(g)

  (1) "Firearm" includes:

    (i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those terms are defined in Sec. 4-201 of this article;

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

    (iii) a regulated firearm, as defined in Sec. 5-101 of the Public Safety Article.

  (2) "Firearm" does not include a firearm that has been modified to be permanently inoperative.

(h)

  (1) "Storehouse" retains its judicially determined meaning.

  (2) "Storehouse" includes:

    (i) a building or other construction, or a watercraft;

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

    (iii) a storeroom or public building; and

    (iv) a trailer, aircraft, vessel, or railroad car.

#### Section 6-202

(a) A person may not break and enter the dwelling of another with the intent to commit theft.

(b) A person may not break and enter the dwelling of another with the intent to commit a crime of violence.

(c) A person who violates subsection (a) of this section is guilty of the felony of burglary in the first degree and on conviction is subject to imprisonment not exceeding 20 years.

(d) A person who violates subsection (b) of this section is guilty of the felony of home invasion and on conviction is subject to imprisonment not exceeding 25 years.

#### Section 6-203

(a) A person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree.

(b) A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm.

(c) A person who violates this section is guilty of the felony of burglary in the second degree and on conviction is subject to:

  (1) for a violation of subsection (a) of this section, imprisonment not exceeding 15 years; and

  (2) for a violation of subsection (b) of this section, imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

#### Section 6-204

(a) A person may not break and enter the dwelling of another with the intent to commit a crime.

(b) A person who violates this section is guilty of the felony of burglary in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

#### Section 6-205

(a) A person may not break and enter the dwelling of another.

(b) A person may not break and enter the storehouse of another.

(c) A person, with the intent to commit theft, may not be in or on:

  (1) the dwelling or storehouse of another; or

  (2) a yard, garden, or other area belonging to the dwelling or storehouse of another.

(d) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle.

(e) A person who violates this section is guilty of the misdemeanor of burglary in the fourth degree and on conviction is subject to imprisonment not exceeding 3 years.

(f) A person who is convicted of violating Sec. 7-104 of this article may not also be convicted of violating subsection (c) of this section based on the act establishing the violation of Sec. 7-104 of this article.

#### Section 6-206

(a) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a crime involving the breaking and entering of a motor vehicle.

(b) A person may not be in or on the motor vehicle of another with the intent to commit theft of the motor vehicle or property that is in or on the motor vehicle.

(c) A person who violates this section is guilty of a misdemeanor, shall be considered a rogue and vagabond, and on conviction is subject to imprisonment not exceeding 3 years.

#### Section 6-207

(a) A person may not open or attempt to open a vault, safe, or other secure repository by the use of a destructive device, as defined in Sec. 4-501 of this article, while committing burglary in the first, second, or third degree.

(b) A person who violates this section is guilty of the felony of burglary with destructive device and on conviction is subject to imprisonment not exceeding 20 years.

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

#### Section 6-208

(a)

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

  (2)

    (i) "Enclosure" means a building, structure, aircraft, watercraft, or vehicle, and each:

      (1) separately secured or occupied portion of it; and

      (2) structure appurtenant or connected to it.

    (ii) "Enclosure" includes a trailer and a sleeping car.

  (3) "Research" means a studious and serious inquiry, examination, investigation, or experimentation designed to discover or accumulate data, theories, technologies, or applications for a governmental, scientific, educational, or proprietary purpose.

  (4) "Research facility" means an enclosure or separately secured yard, pad, pond, laboratory, pasture, or pen used to conduct research, house research subjects, or store supplies, records, data, prototypes, or equipment necessary to or derived from research.

  (5)

    (i) "Research property" means property, regardless of value, related to research in a research facility.

    (ii) "Research property" includes a sample, specimen, research subject, record, data, test result, or proprietary information.

(b) A person may not break and enter a research facility without the permission of the research facility with the intent to:

  (1) obtain unauthorized control over research property;

  (2) alter or eradicate research property;

  (3) damage or deface research property;

  (4) move research property in a manner intended to cause harm to it;

  (5) destroy or remove research property; or

  (6) engage in conduct that results in the removal of research property.

(c) 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.

#### Section 6-209

For purposes of prosecution under this subtitle, a unit in a building or structure that is divided into separately owned or leased units may not be considered a separate dwelling or storehouse unless it is objectively apparent that each unit constitutes a separate dwelling or storehouse.

#### Section 6-210

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

"(name of defendant) on (date) in (county) did break and enter (describe property) or (describe other crime) 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.

(c) A person charged with a violation of Sec. 6-202 of this subtitle may be convicted of a violation of Sec. 6-204 or Sec. 6-205(a) of this subtitle.

(d) A person charged with a violation of Sec. 6-203 of this subtitle may be convicted of a violation of Sec. 6-205(b) of this subtitle.

(e) A person charged with a violation of Sec. 6-204 of this subtitle may be convicted of a violation of Sec. 6-205(a) of this subtitle.

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