Criminal Law (GCR) — Title 9. Crimes Against Public Administration

if the false swearing is perjury at common law;

in an affidavit required by any state, federal, or local law;

in an affidavit made to induce a court or officer to pass an account or claim;

in an affidavit required by any state, federal, or local government or governmental official with legal authority to require the issuance of an affidavit; or

in an affidavit or affirmation made under the Maryland Rules.

If a person makes an oath or affirmation to two contradictory statements, each of which, if false, is prohibited by subsection (a) of this section, it is sufficient to allege, and for conviction to prove, that one of the statements is willfully false without specifying which one.

If the two contradictory statements made in violation of paragraph (1) of this subsection are made in different counties, the violation may be prosecuted in either county.

In this section the following words have the meanings indicated.

“Political subdivision” includes a:

influence the performance of the official duties of the public employee; or

neglect or fail to perform the official duties of the public employee.

is subject to imprisonment for not less than 2 years and not exceeding 12 years or a fine not less than $5,000 and not exceeding $25,000 or both;

may not vote; and

may not hold an office of trust or profit in the State.

A person who violates this section:

A person compelled to testify for the State under paragraph (1) of this subsection is immune from prosecution for a crime about which the person was compelled to testify.

is subject to imprisonment for not less than 18 months and not exceeding 6 years; and

may not serve on a jury in the future.

A person, including a candidate for office, may not give or directly or indirectly promise a gift or reward to secure a vote or a ballot at an election under the Constitution and laws of the State.

A person may not keep or allow to be kept a house or other accommodation in the State on an election day where, before the close of the election, the person, at the person’s expense, gratuitously provides alcoholic beverages to voters.

imprisonment not exceeding 6 months or a fine not exceeding $500 or both; and

any other penalties applicable under the Constitution.

A person:

A person compelled to testify under paragraph (1) of this subsection is a competent witness.

A person compelled to testify for the State under this section is immune from prosecution for a crime about which the person was compelled to testify.

has knowledge of the existence of facts relating to a crime or delinquent act;

makes a declaration under oath that is received as evidence for any purpose;

has reported a crime or delinquent act to a law enforcement officer, prosecutor, intake officer, correctional officer, or judicial officer; or

has been served with a subpoena issued under the authority of a court of this State, any other state, or the United States.

influence a victim or witness to testify falsely or withhold testimony; or

induce a victim or witness:

influence a victim or witness to testify falsely or withhold testimony; or

induce a victim or witness:

Except as provided in paragraph (2) of this subsection, 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 $5,000 or both.

If the testimony, subpoena, official proceeding, or report involving the victim or witness relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14–101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

a victim or witness for:

a juror for any reason relating to the performance of the juror’s official duties in a pending or completed case in a court of the State or the United States; or

an officer of the court of the State or the United States for any reason relating to the performance of the officer’s official duties in a pending or completed case.

a victim or witness for:

a juror for any reason relating to the performance of the juror’s official duties in a pending or completed case in a court of the State or the United States; or

an officer of the court of the State or the United States for any reason relating to the performance of the officer’s official duties in a pending or completed case.

Except as provided in paragraph (2) of this subsection, 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 $5,000 or both.

If the official proceeding or report described in subsection (a) of this section relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14–101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

For good cause shown, a court with jurisdiction over a criminal matter or juvenile delinquency case may pass an order that is reasonably necessary to stop or prevent:

The order may:

The court may hold a hearing to determine if an order should be issued under this subsection.

The court may use its contempt power to enforce an order issued under this section.

The court may revoke the pretrial release of a defendant or child respondent to ensure the safety of a victim or witness or the integrity of the judicial process if the defendant or child respondent violates an order passed under this section.

Except as provided in paragraph (2) of this subsection, 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 $5,000 or both.

If an act described in subsection (a) of this section is taken in connection with a proceeding involving a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14–101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

“Harbor” includes offering a fugitive or escaped incarcerated individual:

“Harbor” does not include failing to reveal the whereabouts of a fugitive or an escaped incarcerated individual by a person who did not participate in the effort of the fugitive or escaped incarcerated individual to elude arrest.

“Place of confinement” means:

“Place of confinement” does not include:

being notified, or otherwise knowing, that a felony warrant was issued for the arrest of the fugitive; and

being notified that harboring the fugitive is a crime.

prosecution;

custody; or

confinement after conviction of a felony.

being notified, or otherwise knowing, that the incarcerated individual escaped; and

being notified that harboring the incarcerated individual is a crime.

escape from:

in the course of the escape commit an assault.

A person who has been lawfully arrested may not knowingly depart from custody without the authorization of a law enforcement or judicial officer.

A person may not knowingly fail to obey a court order to report to a place of confinement.

A person may not escape from:

This subsection applies to a person who is:

A person may not knowingly:

resist a lawful arrest; or

interfere with an individual who the person has reason to know is a police officer who is making or attempting to make a lawful arrest or detention of another person.

is not authorized for incarcerated individual possession by the managing official; or

is brought into the correctional facility in a manner prohibited by the managing official.

“Place of confinement” means:

“Place of confinement” does not include a place identified in a home detention order or agreement.

“Telecommunication device” means:

“Telecommunication device” includes a cellular telephone, digital telephone, picture telephone, and modem equipped device.

deliver any contraband to a person detained or confined in a place of confinement;

possess any contraband with intent to deliver it to a person detained or confined in a place of confinement; or

knowingly possess contraband in a place of confinement.

A person may not deliver contraband to a person detained or confined in a place of confinement with the intent to effect an escape.

A person may not possess contraband with the intent to deliver it to a person detained or confined in a place of confinement to effect an escape.

A person may not deposit or conceal any contraband in or about a place of confinement or on any land appurtenant to the place of confinement to effect an escape.

A person detained or confined in a place of confinement may not knowingly possess or receive contraband to effect an escape.

A person may not deliver a weapon to a person detained or confined in a place of confinement.

A person may not possess a weapon with the intent to deliver it to a person detained or confined in a place of confinement.

A person may not deposit or conceal a weapon in or about a place of confinement or on any land appurtenant to the place of confinement to effect an escape.

A person detained or confined in a place of confinement may not knowingly possess or receive a weapon.

deliver an alcoholic beverage to a person detained or confined in a place of confinement; or

possess an alcoholic beverage with the intent to deliver it to a person detained or confined in a place of confinement.

deliver a controlled dangerous substance to a person detained or confined in a place of confinement; or

possess a controlled dangerous substance with the intent to deliver it to a person detained or confined in a place of confinement.

A person may not deliver or attempt to deliver a telecommunication device, telecommunication device charger, or subscriber identification module (SIM) card to a person detained or confined in a place of confinement with signs posted indicating that such conduct is prohibited.

A person may not possess a telecommunication device, telecommunication device charger, or SIM card with the intent to deliver it to a person detained or confined in a place of confinement with signs posted indicating that such conduct is prohibited.

A person may not deposit or conceal a telecommunication device, telecommunication device charger, or SIM card in or about a place of confinement with signs posted indicating that such conduct is prohibited or on any land appurtenant to the place of confinement with the intent that it be obtained by a person detained or confined in the place of confinement.

A person detained or confined in a place of confinement may not knowingly possess or receive a telecommunication device, telecommunication device charger, or SIM card.

In this section the following words have the meanings indicated.

“Aircraft” means a device that is used or intended to be used for flight in the air.

“Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

In this section the following words have the meanings indicated.

“Emergency” means a condition that:

“Governmental emergency report recipient” means:

A person may not make, or cause to be made, a statement, report, or complaint of an emergency or alleging the commission of a crime that the person knows to be false as a whole or in material part to a governmental emergency report recipient with reckless disregard of causing bodily harm to an individual as a direct result of a response to the statement, report, or complaint.

A person may not violate paragraph (1) of this subsection by making a false statement, report, or complaint alleging the commission of a crime if the result of the statement, report, or complaint is a response from law enforcement and serious physical injury to a person or the death of a person as a proximate result of lawful conduct arising out of the response.

Except as provided in paragraph (3) of this subsection, a person who violates subsection (b)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,000 or both.

Except as provided in paragraph (3) of this subsection, a person who violates subsection (b)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $20,000 or both.

A first–time violation of this section by a minor is a civil offense subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

In addition to any other penalty provided in this subsection, a court, in imposing a sentence on a person convicted of violating this section, may order the person to reimburse any individual who incurs damages as a proximate result of lawful conduct arising out of the response to the statement, report, or complaint.

the county where the defendant made the false statement, report, or complaint;

the county in which the statement, report, or complaint was received by a governmental emergency report recipient; or

the county in which a governmental emergency report recipient responded to the statement, report, or complaint.

the communication originated;

the communication was received; or

the destructive device or toxic material was stated or was rumored to be located.

In addition to the penalty provided in subsection (c) of this section, a court may order a person convicted or found to have committed a delinquent act under this section to pay restitution to:

This subsection may not be construed to limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.

for a first violation, 6 months; and

for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.

a device or container that is labeled as containing or is intended to represent a toxic material, as defined in § 4-501 of this article, with the intent to terrorize, frighten, intimidate, threaten, or harass; or

a device that is constructed to represent a destructive device, as defined in § 4-501 of this article, with the intent to terrorize, frighten, intimidate, threaten, or harass.

In addition to the penalty provided in subsection (b) of this section, a person convicted or found to have committed a delinquent act under this section may be ordered by the court to pay restitution to:

This subsection may not be construed to limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.

for a first violation, 6 months; and

for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Each act of filing a financing statement or an amendment to a financing statement is a separate violation.

an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of death or serious bodily harm; or

property is in imminent danger of damage or destruction.

knowingly, intentionally, or recklessly interrupt, disrupt, impede, or otherwise interfere with the transmission of a two-way radio communication made:

transmit false information about an emergency on a two-way radio frequency commonly used or monitored by an emergency services organization.

A two-way radio and related equipment used in violation of this section is subject to seizure.

On conviction of a violation of this section, any property seized under paragraph (1) of this subsection shall be forfeited to the State and no property right shall exist in the property.

Any property that is forfeited under paragraph (2) of this subsection shall be turned over to the Secretary of General Services, who may:

Except as provided in paragraph (2) of this subsection, a State official or employee may not directly or indirectly monitor or record in any manner a telephone conversation made to or from a State unit.

If prior approval is granted by the Attorney General, a State official or employee may monitor or record a telephone conversation:

a State or local law enforcement agency that is conducting an official investigation or communicating an emergency condition;

a State or local emergency management agency that is communicating an emergency condition; or

a person that is specifically designated by an agency described in item (1) or (2) of this subsection to participate in an official investigation or communicate an emergency condition.

fire alarm; or

call for an ambulance or rescue squad.

“Alarm system contractor” means a person who installs, maintains, monitors, alters, or services alarm systems.

“Alarm system contractor” does not include a person who only manufactures or sells alarm systems.

a person in control of an alarm system within, on, or around any building, structure, facility, or site; or

the owner or lessee of an alarm system.

“False alarm” means a request for immediate assistance from a law enforcement unit or fire department regardless of cause that is not in response to an actual emergency situation or threatened suggested criminal activity.

“False alarm” includes:

“False alarm” does not include:

to alarm systems activated by weather conditions or causes beyond the control of the alarm user;

in Frederick County if regulations are adopted under § 12–806 of the Local Government Article providing for the registration of alarm system contractors and alarm users, the issuance of civil citations, and penalties for a violation of a regulation;

in Calvert County if the Board of County Commissioners of Calvert County adopts regulations under § 12–806 of the Local Government Article providing for the registration of alarm system contractors and alarm users, the issuance of civil citations, and penalties for a violation of a regulation; or

in Washington County if the Board of County Commissioners of Washington County adopts regulations under § 12–806 of the Local Government Article providing for the registration of alarm system contractors and alarm users, the issuance of civil citations, and penalties for a violation of a regulation.

access to the building is provided to the alarm system contractor; and

an alarm system contractor or an employee of an alarm system contractor responds to the activated alarm system.

A law enforcement unit or fire department may issue a civil citation to an alarm user for the negligent or accidental activation of an alarm system as a result of faulty, malfunctioning, or improperly installed or maintained equipment or for a false alarm if the number of activations or false alarms to which the law enforcement unit or fire department responds exceeds:

A civil citation issued under this section shall assess a penalty of $30 for each negligent or accidental activation or false alarm.

more than three false alarms within a 30-day period; or

eight or more false alarms within a 12-month period.

A law enforcement unit or fire department that responds to false alarms from a defective alarm system shall provide written notice of the defective condition to the alarm user.

The alarm user, within 30 days after receiving the notice, shall:

automatically silence the annunciator within 30 minutes after activation; and

allow an accidental or negligent activation to be halted or reset.

the preparation of the United States or a state for defense or war; or

the prosecution of war by the United States or a country with which the United States maintains friendly relations.

make or cause to be made or omit to note on inspection a defect in a product to be used in connection with a defense-related activity; and

act, or fail to act, with intent to hinder, delay, or interfere with a defense-related activity.

a unit of the State or a county, municipal corporation, special taxing district, or public corporation of the State; or

a person that owns or operates in the State:

make unauthorized use of an identification badge or identification card; or

assist another in the unauthorized use of an identification badge or identification card.

entered or trespassed on posted property of the nuclear power plant facility in violation of § 6-402 of this article; or

violated any local, State, or federal law, regulation, or order in an area controlled by the license holder of the nuclear power plant facility.

notify an appropriate law enforcement agency about the alleged crime committed by the person; and

release the person to the detention or custody of a law enforcement officer.

individually or collectively engage in a pattern of organized crime activity;

have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and

have in common an overt or covert organizational or command structure.

a sole proprietorship, partnership, corporation, business trust, or other legal entity; or

any group of individuals associated in fact although not a legal entity.

a crime of violence as defined under § 14–101 of this article;

a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking), § 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), § 4–204 (use of a firearm in the commission of a crime), § 7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305 (intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of evidence), § 9–412 (contraband – in general), § 9–413 (contraband – for escape), § 9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband – telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), § 11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article;

a felony violation of § 3–701 (extortion), § 4–503 (manufacture or possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606 (false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203 (second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105 (unauthorized use of a motor vehicle) of this article;

a felony violation of § 5–133 of the Public Safety Article;

a felony violation of Title 8 of this article (fraud and related crimes);

bribery under Subtitle 2 of this title;

false statements under Subtitle 5 of this title;

impersonating a police officer under § 3–502 of the Public Safety Article;

threat of mass violence under Title 3, Subtitle 10 of this article;

a violation of § 11–207 or § 11–208 of this article (child pornography);

a felony violation of Title 27, Subtitle 4 of the Insurance Article (insurance fraud);

removal or falsification of vehicle identification number under § 14–107 of the Transportation Article;

abuse or neglect of a vulnerable adult under § 3–604 or § 3–605 of this article;

a crime under the laws of another state or of the United States that would be a crime listed in items (1) through (13) of this subsection if committed in this State; or

the attempted commission of, conspiracy to commit, or solicitation of a crime or act listed in items (1) through (14) of this subsection.

in a school vehicle, as defined under § 11–154 of the Transportation Article; or

in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.

school was in session at the time of the crime; or

the real property was being used for purposes other than school purposes at the time of the crime.

participate in a criminal organization knowing that the members of the criminal organization engage in a pattern of organized crime activity; and

knowingly and willfully direct or participate in an underlying crime, or act by a juvenile that would be an underlying crime if committed by an adult, committed for the benefit of, at the direction of, or in association with a criminal organization.

receive proceeds known to have been derived directly or indirectly from an underlying crime; and

use or invest, directly or indirectly, an aggregate of $10,000 or more of the proceeds from an underlying crime in:

In addition to the other penalties provided in this subsection, on conviction the court may:

This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), § 5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article.

Assets divested under this section and derived from the commission of, attempted commission of, conspiracy to commit, or solicitation of a crime described in paragraph (1) of this subsection, either in whole or in part:

The Attorney General, at the request of the Governor or the State’s Attorney for a county in which a violation or an act establishing a violation of this section occurs, may:

In exercising authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of the grand jury in the county, to prosecute the violation.

Notwithstanding any other provision of law, in circumstances in which violations of this section are alleged to have been committed in more than one county, the respective State’s Attorney of each county, or the Attorney General, may join the causes of action in a single complaint with the consent of each State’s Attorney having jurisdiction over an offense sought to be joined.