# Criminal Law (GCR)

## Title 9. Crimes Against Public Administration

### Subtitle 4. Harboring, Escape, and Contraband

#### Section 9-401

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

(b) "Concealment" means hiding, secreting, or keeping out of sight.

(c) "Escape" retains its judicially determined meaning.

(d) "Fugitive" means an individual for whom a felony arrest warrant has been issued and is outstanding.

(e)

  (1) "Harbor" includes offering a fugitive or escaped incarcerated individual:

    (i) concealment;

    (ii) lodging;

    (iii) care after concealment; or

    (iv) obstruction of an effort of an authority to arrest the fugitive or escaped incarcerated individual.

  (2) "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.

(f) "Hardware secure facility" means a facility that is securely locked or fenced to prevent escape.

(g)

  (1) "Place of confinement" means:

    (i) a correctional facility;

    (ii) a facility of the Maryland Department of Health; or

    (iii) any other facility in which a person is confined under color of law.

  (2) "Place of confinement" does not include:

    (i) a detention center for juveniles;

    (ii) a facility for juveniles listed in Sec. 9-226(b) of the Human Services Article;

    (iii) a place identified in a juvenile community detention order; or

    (iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services.

#### Section 9-402

(a) This section does not apply if the warrant is for a traffic offense.

(b) A person may not harbor a fugitive to prevent the fugitive's discovery or arrest after:

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

  (2) being notified that harboring the fugitive is a crime.

(c) A person may not knowingly harbor a fugitive who is avoiding:

  (1) prosecution;

  (2) custody; or

  (3) confinement after conviction of a felony.

(d) 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 $1,000 or both.

#### Section 9-403

(a) A person may not willfully harbor an incarcerated individual, who was imprisoned for a felony and who escaped from the custody of the Division of Correction or other correctional unit to which the incarcerated individual has been committed, after:

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

  (2) being notified that harboring the incarcerated individual is a crime.

(b) 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 $1,000 or both.

#### Section 9-404

(a) A person may not knowingly escape from a place of confinement.

(b) A person may not:

  (1) escape from:

    (i) a detention center for juveniles;

    (ii) a facility for juveniles listed in Sec. 9-226(b) of the Human Services Article;

    (iii) a place identified in a juvenile community detention order; or

    (iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services; and

  (2) in the course of the escape commit an assault.

(c) A person who violates this section is guilty of the felony of escape in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $20,000 or both.

#### Section 9-405

(a)

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

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

  (3) A person may not escape from:

    (i) except as otherwise punishable under Sec. 9-404(b) of this subtitle, a detention center for juveniles or a facility for juveniles listed in Sec. 9-226(b) of the Human Services Article;

    (ii) a place identified in a home detention order or agreement;

    (iii) a place identified in a juvenile community detention order; or

    (iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services.

(b)

  (1) This subsection applies to a person who is:

    (i) temporarily released from a place of confinement;

    (ii) committed to a pretrial agency;

    (iii) committed to home detention by:

      (1) the court; or

      (2) the Division of Correction under Title 3, Subtitle 4 of the Correctional Services Article;

    (iv) committed to a home detention program administered by a county;

    (v) released to a private home detention monitoring agency as defined in Sec. 20-101 of the Business Occupations and Professions Article; or

    (vi) ordered by a court to serve a term of custodial confinement as defined in Sec. 6-219 of the Criminal Procedure Article as a condition of a suspended sentence or probation before or after judgment.

  (2) A person may not knowingly:

    (i) violate any restriction on movement imposed under the terms of a temporary release, pretrial commitment, custodial confinement, or home detention order or agreement;

    (ii) fail to return to a place of confinement under the terms of a temporary release, pretrial commitment, custodial confinement, or home detention order or agreement; or

    (iii) remove, block, deactivate, or otherwise tamper with a monitoring device required to be worn or carried by the person to track the person's location, including an ankle or wrist bracelet, global position satellite offender tracking technology, or comparable equipment or system.

(c) A person who violates this section is guilty of the misdemeanor of escape in the second degree and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

#### Section 9-406

Voluntary intoxication is not a defense to a charge of escape under this subtitle.

#### Section 9-407

A sentence imposed for a violation of Sec. 9-404 or Sec. 9-405 of this subtitle:

(1) shall be consecutive to any term of confinement being served or to be served at the time of the escape;

(2) may not be suspended; and

(3) may include the entry of a judgment for all reasonable expenses incurred in returning the person to the place of confinement if the person has received timely notice of and an opportunity to contest the accuracy of the expenses allegedly owed.

#### Section 9-408

(a) In this section, "police officer" means an individual who is authorized to make an arrest under Title 2 of the Criminal Procedure Article.

(b) A person may not intentionally:

  (1) resist a lawful arrest; or

  (2) 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.

(c) A person who violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(d) The unit of prosecution for a violation of this section is based on the arrest or detention regardless of the number of police officers involved in the arrest or detention.

#### Section 9-410

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

(b) "Alcoholic beverage" means beer, wine, or distilled spirits.

(c) "Contraband" means any item, material, substance, or other thing that:

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

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

(d) "Controlled dangerous substance" has the meaning stated in Sec. 5-101 of this article.

(e) "Managing official" means the administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a place of confinement.

(f)

  (1) "Place of confinement" means:

    (i) a correctional facility;

    (ii) a facility of the Maryland Department of Health;

    (iii) a detention center for juveniles;

    (iv) a facility for juveniles listed in Sec. 9-226(b) of the Human Services Article;

    (v) a place identified in a juvenile community detention order; or

    (vi) any other facility in which a person is confined under color of law.

  (2) "Place of confinement" does not include a place identified in a home detention order or agreement.

(g)

  (1) "Telecommunication device" means:

    (i) a device that is able to transmit telephonic, electronic, digital, cellular, or radio communications; or

    (ii) a part of a device that is able to transmit telephonic, electronic, digital, cellular, or radio communications, regardless of whether the part itself is able to transmit.

  (2) "Telecommunication device" includes a cellular telephone, digital telephone, picture telephone, and modem equipped device.

(h) "Weapon" means a gun, knife, club, explosive, or other article that can be used to kill or inflict bodily injury.

#### Section 9-411

This part does not apply to a drug or substance that is legally possessed by an individual under a written prescription issued by a person authorized by law and designated by the managing official to prescribe incarcerated individual medication.

#### Section 9-412

(a) A person may not:

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

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

  (3) knowingly possess contraband in a place of confinement.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

#### Section 9-413

(a)

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

  (2) 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.

  (3) 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.

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

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

#### Section 9-414

(a)

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

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

  (3) 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.

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

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

#### Section 9-415

(a) This section does not apply to an alcoholic beverage delivered or possessed in a manner authorized by the managing official.

(b) A person may not:

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

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

(c) A person detained or confined in a place of confinement may not knowingly possess or receive an alcoholic beverage.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

#### Section 9-416

(a) A person may not:

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

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

(b) A person detained or confined in a place of confinement may not knowingly possess or receive a controlled dangerous substance.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

#### Section 9-417

(a) This section does not apply to a work release or prerelease program in Montgomery County established under Sec. 11-717 of the Correctional Services Article.

(b)

  (1) 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.

  (2) 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.

  (3) 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.

  (4) 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.

(c) 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 $3,000 or both.

(d) A sentence imposed for a violation of subsection (b)(4) of this section shall be consecutive to any sentence that the person was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.

#### Section 9-417.1

(a)

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

  (2) "Aircraft" means a device that is used or intended to be used for flight in the air.

  (3) "Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(b) A person may not deliver any contraband to a person detained or confined in a place of confinement using an unmanned aircraft.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(d) A correctional facility shall post signage warning of the provisions of this section on the exterior of the property in an area visible to the general public.

#### Section 9-418

A sentence imposed under this part may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the crime under this part.

---

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