Telephone Threats Law Statutes
Telephone Threats
Telephone Threats Laws in Maryland
Maryland Penal § 3-804. Misuse of telephone facilities and equipment
(a) Prohibited. — A person may not use telephone facilities or equipment to make:
(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;
(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or
(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.
(b) Penalty. — 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 $ 500 or both.
Maryland Trespass Defense Attorneys Law Statutes
Maryland Trespass Defense Attorneys
Maryland Trespass
Trespass laws in Maryland
Maryland penal § 6-402. Trespass on posted property
(a) Prohibited. — A person may not enter or trespass on property that is posted conspicuously against trespass by:
(1) signs placed where they reasonably may be seen; or
(2) paint marks that:
(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and
(ii) are made on trees or posts that are located:
1. at each road entrance to the property; and
2. adjacent to public roadways, public waterways, and other land adjoining the property.
(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;
(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and
(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.
Maryland penal § 6-403. Wanton trespass on private property
(a) Prohibited — Entering and crossing property. — A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.
(b) Prohibited — Remaining on property. — A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.
(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;
(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and
(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.
(d) Construction of section. — This section prohibits only wanton entry on private property.
(e) Applicability to housing projects. — This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.
Maryland penal § 6-407. Trespass in stable area of racetrack
(a) Prohibited. — A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area.
(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.
Maryland penal § 6-410. Wanton trespass on property of Government House
(a) Prohibited. — A person may not commit wanton trespass on the property of Government House.
(b) Posting not necessary. — Notwithstanding any other provision of law, the property of Government House need not be posted against trespass.
(c) Penalty. — 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 $ 1,000 or both.
Maryland penal § 9-706.1. Trespass or violation at nuclear power facility — Detention
(a) “Security officer” defined. — In this section, “security officer” means a proprietary or contractual security officer of a license holder of a nuclear power plant facility in the State.
(b) Authority to detain without warrant. — Subject to subsection (c) of this section, if a nuclear power plant facility is placed under a heightened level of security condition by a federal agency pursuant to federal law, the license holder of a nuclear power plant facility in the State may authorize a security officer, without a warrant, to stop and detain any person who the owner or security officer has reasonable grounds to believe has:
(1) entered or trespassed on posted property of the nuclear power plant facility in violation of § 6-402 of this article; or
(2) violated any local, State, or federal law, regulation, or order in an area controlled by the license holder of the nuclear power plant facility.
(c) Notice to law enforcement agency. — A security officer who detains a person under subsection (b) of this section shall, as soon as practicable:
(1) notify an appropriate law enforcement agency about the alleged crime committed by the person; and
(2) release the person to the detention or custody of a law enforcement officer.
(d) Release of detainee. — If notice to a law enforcement agency is provided as required under subsection (c) of this section and the law enforcement agency determines not to investigate the alleged crime or declines to take the detained person into detention or custody, the security officer shall release the person as soon as practicable.
MARYLAND INDECENT EXPOSURE DEFENSE LAWYER LAW STATUTES
MARYLAND INDECENT EXPOSURE DEFENSE LAWYER
Indecent Exposure
Indecent Exposure in Maryland
Maryland Penal § 11-107. Indecent exposure
A person convicted of indecent exposure is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.
Maryland Penal § 11-202. Obscene matter — Distribution, exhibition, importation, and publication
(a) Prohibited. — A person may not:
(1) knowingly send or cause to be sent any obscene matter into the State for sale or distribution;
(2) knowingly bring or cause to be brought any obscene matter into the State for sale or distribution;
(3) in the State prepare, publish, print, exhibit, distribute, or offer to distribute any obscene matter; or
(4) possess any obscene matter in the State with the intent to distribute, offer to distribute, or exhibit.
(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.
(c) Injunction. –
(1) The State’s Attorney may maintain an action for an injunction in the circuit court against a person to prevent the sale, further sale, distribution, further distribution, acquisition, publication, or possession within the State of any book, magazine, pamphlet, newspaper, story paper, writing paper, picture, card, drawing, photograph, motion picture film or showing, or any article, item, or instrument the use of which is obscene.
(2) The circuit court may enjoin the sale or distribution of a book, magazine, motion picture film or showing, or other publication or item that is prohibited under this section from sale or distribution.
(3) After being served a summons and complaint in an action by the State’s Attorney under this section, a person who sells, distributes, or acquires the enjoined material is chargeable with knowledge of the contents of the materials described in this section.
(4) The defendant is entitled to a trial of the issues within 1 day after joinder of issue.
(5) The court shall render a decision within 2 days after the conclusion of the trial.
(6) If an order or judgment is entered in favor of the State’s Attorney, the final order or judgment shall contain provisions:
(i) directing the person to surrender the obscene matter to the peace officer designated by the court or the county sheriff; and
(ii) directing the peace officer or county sheriff to seize and destroy the obscene matter.
(7) In an action brought under this section, the State’s Attorney is not:
(i) required to file a bond before an injunction order is issued;
(ii) liable for costs; or
(iii) liable for damages sustained because of the injunction order if judgment is rendered in favor of the defendant.
Assault & Battery/Domestic Violence Law Statutes
Assault & Battery/Domestic Violence
Maryland Assault & Battery/Domestic Violence.
Domestic Violence/Assault & Battery
Maryland Penal § 3-202. Assault in the first degree
(a) Prohibited. –
(1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm, including:
(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
(ii) an assault pistol, as defined in § 4-301 of this article;
(iii) a machine gun, as defined in § 4-401 of this article; and
(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.
(b) Penalty. — A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.
Maryland Penal § 3-203. Assault in the second degree
(a) Prohibited. — A person may not commit an assault.
(b) Penalty. — Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 2,500 or both.
(c) Law enforcement officer. –
(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:
(i) a law enforcement officer engaged in the performance of the officer’s official duties; or
(ii) a parole or probation agent engaged in the performance of the agent’s official duties.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 5,000 or both.
Maryland Penal § 3-207. Dismissal of assault charge
(a) Dismissal. — On a pretrial motion of the State, a court may dismiss a charge of assault if:
(1) the victim and the defendant agree to the dismissal; and
(2) the court considers the dismissal proper.
(b) Payment of costs. — The defendant shall pay the costs that would have been incurred if the defendant had been found guilty.
Maryland Penal § 4-501. Definitions
(a) In general. — In this subtitle the following words have the meanings indicated.
(b) Abuse. –
(1) “Abuse” means any of the following acts:
(i) an act that causes serious bodily harm;
(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;
(iii) assault in any degree;
(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;
(v) false imprisonment; or
(vi) stalking under § 3-802 of the Criminal Law Article.
(2) If the person for whom relief is sought is a child, “abuse” may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.
(3) If the person for whom relief is sought is a vulnerable adult, “abuse” may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.
(c) Child care provider. — “Child care provider” means a person that provides supervision and care for a minor child.
(d) Cohabitant. — “Cohabitant” means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.
(e) Commissioner. — “Commissioner” means a District Court Commissioner appointed in accordance with Article IV, § 41G of the Maryland Constitution.
(f) Court. — “Court” means the District Court or a circuit court in this State.
(g) Emergency family maintenance. — “Emergency family maintenance” means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:
(1) the financial needs of the person eligible for relief; and
(2) the resources available to the person eligible for relief and the respondent.
(h) Executive Director. — “Executive Director” means the Executive Director of the Governor’s Office of Crime Control and Prevention.
(i) Final protective order. — “Final protective order” means a protective order issued under § 4-506 of this subtitle.
(j) Home. — “Home” means the property in this State that:
(1) is the principal residence of a person eligible for relief; and
(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.
(k) Interim protective order. — “Interim protective order” means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.
(l) Local department. — “Local department” means the local department that has jurisdiction in the county:
(1) where the home is located; or
(2) if different, where the abuse is alleged to have taken place.
(m) Person eligible for relief. — “Person eligible for relief” includes:
(1) the current or former spouse of the respondent;
(2) a cohabitant of the respondent;
(3) a person related to the respondent by blood, marriage, or adoption;
(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;
(5) a vulnerable adult; or
(6) an individual who has a child in common with the respondent.
(n) Pet. –
(1) “Pet” means a domesticated animal.
(2) “Pet” does not include livestock.
(o) Petitioner. –
(1) “Petitioner” means an individual who files a petition.
(2) “Petitioner” includes:
(i) a person eligible for relief; or
(ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:
1. the State’s Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;
2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;
3. a person related to the child or vulnerable adult by blood, marriage, or adoption; or
4. an adult who resides in the home.
(p) Residence. — “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.
(q) Respondent. — “Respondent” means the person alleged in the petition to have committed the abuse.
(r) Temporary protective order. — “Temporary protective order” means a protective order issued under § 4-505 of this subtitle.
(s) Victim. — “Victim” includes a person eligible for relief.
(t) Vulnerable adult. — “Vulnerable adult” has the meaning provided in § 14-101 (q) of this article.
Maryland Penal § 4-503.1. Report of abuse to State Police and victim
(a) In general. — If an incident report is filed when a law enforcement officer responds to a request for help under § 4-502 of this Part I of this subtitle, the law enforcement unit shall provide a copy of the report:
(1) to the Department of State Police; and
(2) on request, to the victim.
(b) Subpoena not necessary. — The victim need not obtain a subpoena to receive a copy of the incident report.
Gang Crimes and Gang Enhancement Law Statutes
Gang Crimes and Gang Enhancement
Criminal Gang Defense
Maryland Gang Defense
Maryland Penal § 9-802. Criminal gang activity.
(a) In general. — A person may not threaten an individual, or a friend or family member of an individual, with physical violence with the intent to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang.
(b) Penalties. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $ 1,000 or both.
Maryland Penal § 9-803. Criminal gang activity — Schools.
(a) Activities on or near school vehicles or property. — A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) 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.
(b) Applicability. — Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
(c) Penalties. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $ 4,000 or both.
(d) Merger with § 9-802 conviction prohibited. — Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9-802 of this subtitle.
Maryland Penal § 9-804. Participation in criminal gang prohibited.
(a) Prohibited acts. — A person may not:
(1) participate in a criminal gang knowing that the members of the gang engage in a pattern of criminal gang activity; and
(2) 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 gang.
(b) Commission of underlying crime resulting in death of victim. — A person may not violate subsection (a) of this section that results in the death of a victim.
(c) Penalty. –
(1) (i) Except as provided in subparagraph (ii) of this paragraph, 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 $ 100,000 or both.
(ii) A person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 100,000 or both.
(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for a first offense may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this section.
(ii) A sentence imposed under paragraph (1)(i) of this subsection for a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from and consecutive to a sentence for any crime based on the act establishing a violation of this section.
(iii) A consecutive sentence for a second or subsequent offense shall not be mandatory unless the State notifies the person in writing of the State’s intention to proceed against the person as a second or subsequent offender at least 30 days before trial.
(d) Charging documents. — A person may be charged with a violation of this section only by indictment, criminal information, or petition alleging a delinquent act.
(e) Authority of Attorney General. –
(1) The Attorney General, at the request of the State’s Attorney for a county in which a violation or an act establishing a violation of this section occurs, may:
(i) aid in the investigation of the violation or act; and
(ii) prosecute the violation or act.
(2) 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.
(3) 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.
(f) Powers of grand jury — Offenses in other counties. — Notwithstanding any other provision of law and provided at least one criminal gang activity of a criminal gang allegedly occurred in the county in which a grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and otherwise conduct an investigation of the alleged criminal gang’s activities and offenses in other counties.
Maryland Penal § 9-805. Criminal gang
(a) Prohibition. — A person may not organize, supervise, finance, or manage a criminal gang.
(b) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 100,000 or both.
(c) Separate and consecutive sentence. — A sentence imposed under this section shall be separate from and consecutive to a sentence for any crime based on the act establishing a violation of this section.
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