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.