Question 1

What are the felony classes and maximum sentences in Maryland?

Accepted Answer

Maryland does not grade felonies into numbered classes in the statutes reviewed; each offense statute states whether the crime is a felony or misdemeanor and sets its own maximum prison term and fine. Example (theft): $1,500 to under $25,000 — felony, up to 5 years and/or a fine up to $10,000; $25,000 to under $100,000 — felony, up to 10 years and/or $15,000; $100,000 or more — felony, up to 20 years and/or $25,000.

Question 2

What are the misdemeanor classes and penalties in Maryland?

Accepted Answer

Misdemeanors are likewise not divided into general classes; the penalty is set in each offense statute. Example (theft): $100 to under $1,500 — misdemeanor, up to 6 months and/or a fine up to $500 for a first conviction (up to 1 year for a second or subsequent); under $100 — misdemeanor, up to 90 days and/or a fine up to $500. Some misdemeanors are punishable by confinement in the penitentiary (Cts. & Jud. Proc. § 5-106(b)).

Question 3

How much do you have to steal for it to be a felony in Maryland?

Accepted Answer

Theft becomes a felony when the value of the property or services is at least $1,500. Tiers: less than $100 — misdemeanor, up to 90 days and/or $500; at least $100 but less than $1,500 — misdemeanor, up to 6 months and/or $500 (first conviction), up to 1 year and/or $500 (second or subsequent); at least $1,500 but less than $25,000 — felony, up to 5 years and/or $10,000; at least $25,000 but less than $100,000 — felony, up to 10 years and/or $15,000; $100,000 or more — felony, up to 20 years and/or $25,000. Restitution is required at every tier. A person with four or more prior theft convictions convicted of theft under $1,500 faces up to 5 years and/or $5,000 if the State's Attorney gives the required notice.

Question 4

Is Maryland a stand your ground state?

Accepted Answer

Maryland follows a common-law duty to retreat (no stand-your-ground statute was found). In Redcross v. State, the Court of Special Appeals stated that in cases in which self-defense is claimed 'the accused normally has a duty to retreat' — the accused must make all reasonable efforts to withdraw before resorting to deadly force — and quoted Lambert v. State: it is the defendant's duty, 'when defending himself outside the home, to retreat or avoid the danger if the means to do so are within his power and consistent with his safety. Where, however, the peril is so imminent that he cannot retreat safely, he has a right to stand his ground and defend himself,' language reaffirmed by the Court of Appeals in Burch v. State, 346 Md. 253 (1997). Exceptions noted include attack in one's own home, an unsafe avenue of retreat, and an avenue of retreat unknown to the accused.

Question 5

Does Maryland have a castle doctrine?

Accepted Answer

Criminal law: under Maryland case law 'the most common exception to the retreat rule is the “castle doctrine”: there is no duty to retreat if one is attacked in his or her own home' (Redcross v. State, citing Gainer, 40 Md. App. at 388). Civil immunity: a person is not liable for damages for the injury or death of an individual who enters the person's dwelling or place of business if the person reasonably believes force or deadly force is necessary to repel an attack by that individual and the force used is reasonable under the circumstances; the immunity does not apply to a person convicted of a crime of violence, second-degree assault, or reckless endangerment arising from the same circumstances, and a court may award costs and reasonable attorney's fees to a prevailing defendant (Cts. & Jud. Proc. § 5-808).

Question 6

What is the statute of limitations for crimes in Maryland?

Accepted Answer

Misdemeanors: 'a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed,' unless another subsection applies (§ 5-106(a)). Longer periods apply to listed offenses — for example, 2 years for abuse or neglect of a vulnerable adult, 3 years for many listed regulatory, tax, firearms and computer crimes, 5 years for sexual extortion and 10 years for stalking — and a misdemeanor punishable by confinement in the penitentiary may be prosecuted at any time (§ 5-106(b)). Section 5-106 does not set a general time limit for felonies.

Question 7

How does bail work in Maryland?

Accepted Answer

After arrest a defendant goes before a judicial officer (often a District Court commissioner) for an initial appearance. The pretrial release law is to be construed liberally to rely on 'criminal sanctions instead of financial loss' to ensure appearance; a court may release a defendant on personal recognizance if it believes the defendant will appear, except a defendant charged with a crime punishable by life imprisonment without parole or with a § 5-202(d) crime after a prior § 5-202(d) conviction (Crim. Proc. § 5-101). A District Court commissioner may not release certain defendants — including those charged with escape, as a drug kingpin, with a crime of violence after a prior crime-of-violence conviction, with listed crimes committed while on release, with violating a protective order, with listed weapons offenses after a prior conviction, or who are registered sex offenders; only a judge may release them, several carry a rebuttable presumption that the defendant will flee and pose a danger, and for some a judge must order detention if no condition will reasonably ensure appearance and safety (Crim. Proc. § 5-202).

Question 8

How do you get a public defender in Maryland?

Accepted Answer

The Office of the Public Defender represents eligible indigent individuals. An applicant states in writing, under oath or affirmation, that he or she cannot pay for full representation without undue financial hardship (§ 16-210(a)). If the applicant's assets and net annual income are less than 100% of the federal poverty guidelines, eligibility may be determined without a need assessment; otherwise eligibility depends on need, considering the nature, extent and liquidity of assets, disposable net income, the nature of the offense, the length and complexity of the proceedings, and other foreseeable expenses (§ 16-210(b)-(c)). A person charged with a crime carrying possible incarceration may apply to a District Court commissioner, who determines indigency and notifies the individual in writing; the Office may provide provisional representation, and a person later found ineligible must hire counsel and reimburse the Office (§ 16-210(c)(4)-(5), (d)). No application fee is stated in § 16-210.

Question 9

What is the age of consent in Maryland?

Accepted Answer

Sexual offense in the fourth degree (misdemeanor; up to 1 year and/or $1,000): a sexual act or vaginal intercourse with a person who is 14 or 15 years old when the actor is at least 4 years older (Crim. Law § 3-308(b)). Sexual offense in the third degree (felony; up to 10 years): a sexual act or vaginal intercourse with a person who is 14 or 15 years old when the actor is at least 21 years old, or sexual contact with a person under 14 when the actor is at least 4 years older (§ 3-307(a)(3)-(5)). Rape in the second degree (up to 20 years): vaginal intercourse or a sexual act with a person 'under the age of 14 years' when the actor is at least four years older; when the actor is 18 or older and the victim is younger than 13, the penalty is not less than 15 years up to life (§ 3-304).

Question 10

Is marijuana legal in Maryland?

Accepted Answer

Adult-use cannabis is legal for individuals at least 21 possessing the 'personal use amount': not more than 1.5 ounces of usable cannabis, 12 grams of concentrated cannabis, cannabis products containing not more than 750 milligrams of delta-9-THC, or two or fewer cannabis plants (Crim. Law §§ 5-101(u), 5-601(a)(1)(ii)). The 'civil use amount' (more than 1.5 but not more than 2.5 ounces; more than 12 but not more than 20 grams of concentrate; more than 750 but not more than 1,250 milligrams of THC products) is a civil offense punishable by a fine not exceeding $250. Under 21 with a personal use amount: civil offense, fine up to $100, and the court may require a drug education program, assessment or treatment. Other cannabis possession is the misdemeanor of possession of cannabis: imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

Question 11

Is assault a felony in Maryland?

Accepted Answer

In Maryland, 'assault' covers the common-law crimes of assault, battery, and assault and battery. Ordinary assault is the misdemeanor of assault in the second degree, punishable by up to 10 years in prison, a fine up to $2,500, or both. Intentionally causing physical injury to a police officer, parole or probation agent, or firefighter or other first responder is felony second-degree assault (up to 10 years, fine up to $5,000). First-degree assault, a felony punishable by up to 25 years, is intentionally causing or trying to cause serious physical injury, committing an assault with a firearm, or assaulting someone by intentionally strangling them.

Question 12

Is battery a felony in Maryland?

Accepted Answer

Maryland has no separate battery statute. By law, 'assault' means the crimes of assault, battery, and assault and battery, which keep their judicially determined (common-law) meanings, so an unwanted touching or striking is charged as second-degree assault, a misdemeanor punishable by up to 10 years, a fine up to $2,500, or both.

Question 13

Is domestic violence a felony in Maryland?

Accepted Answer

Maryland has no separate domestic assault crime; violence against a family or household member is charged under the regular assault laws (second-degree assault, a misdemeanor up to 10 years and $2,500; first-degree assault, a felony up to 25 years). Strangling someone is first-degree assault. When the State's Attorney asks, the court must decide whether the crime was 'domestically related', meaning committed against a person eligible for a protective order under Family Law § 4-501 or someone who had a sexual relationship with the defendant within the prior 12 months; the State must prove this by a preponderance of the evidence, and the finding goes into the court record and is reported to the Criminal Justice Information System Central Repository.

Question 14

What is the penalty for shoplifting in Maryland?

Accepted Answer

Shoplifting is charged as theft. Theft of property or services worth less than $100 is a misdemeanor punishable by up to 90 days, a fine up to $500, or both. Theft of $100 to less than $1,500 is a misdemeanor with up to 6 months and/or a $500 fine for a first conviction, and up to 1 year and/or $500 for a second or later one. A person with four or more prior theft convictions who steals less than $1,500 is still guilty of a misdemeanor but faces up to 5 years, a fine up to $5,000, or both, if the State's Attorney gives the required notice. Under the civil shoplifting law, the person is liable to the merchant for the merchant's stated sales price when the goods are not returned or were damaged, plus any other actual damages (not including lost time or wages).

Question 15

What is the difference between burglary and robbery in Maryland?

Accepted Answer

Burglary in the first degree is breaking and entering someone else's home with intent to commit theft, a felony punishable by up to 20 years; breaking into a home intending to commit a crime of violence is the felony of home invasion (up to 25 years). Breaking into a home intending to commit any crime is third-degree burglary, a felony up to 10 years. Breaking into a storehouse (a store, shed or other non-home building) to commit theft or a crime of violence is second-degree burglary, a felony up to 15 years (20 years and $10,000 if the goal was to steal a firearm). Simply breaking and entering a home or storehouse, or being on someone's property intending to steal, is fourth-degree burglary, a misdemeanor up to 3 years. Robbery is a felony punishable by up to 15 years; armed robbery (with a dangerous weapon or a written note claiming to have one) is a felony punishable by up to 20 years.

Question 16

Is vandalism a felony in Maryland?

Accepted Answer

Vandalism is called malicious destruction of property: willfully and maliciously destroying, injuring or defacing someone else's property. If the damage is under $1,000 it is a misdemeanor punishable by up to 60 days, a fine up to $500, or both; damage of $1,000 or more is a misdemeanor punishable by up to 3 years, a fine up to $2,500, or both. Graffiti is covered by the same law, and the court must also order restitution, community service, or both. Damage from one scheme or continuing course of conduct may be added together.

Question 17

Is trespassing a crime in Maryland?

Accepted Answer

Entering or trespassing on property that is conspicuously posted against trespass (by signs or approved paint marks), or entering or staying on private property after the owner or agent has told you not to, is a misdemeanor. A first violation carries up to 90 days, a fine up to $500, or both; a second violation within 2 years carries up to 6 months and/or $1,000; each later violation within 2 years of the last carries up to 1 year and/or $2,500. Breaking and entering someone's home without intent to commit a crime is charged as fourth-degree burglary (misdemeanor, up to 3 years).

Question 18

What are the penalties for drug possession in Maryland?

Accepted Answer

Possessing a controlled dangerous substance (other than cannabis) without a prescription is a misdemeanor: up to 1 year in jail, a fine up to $5,000, or both for a first conviction; up to 18 months for a second or third; and up to 2 years for a fourth or later conviction (fine up to $5,000 in each case). Before sentencing, the court may order a substance use disorder assessment, and if one is done the court generally must suspend the sentence, order probation and require any needed treatment (or may impose a jail term with treatment provided there). Using or possessing drug paraphernalia is a misdemeanor with a fine up to $500 for a first violation and up to 1 year and/or $1,000 for a later one.

Question 19

Is a hit and run a felony in Maryland?

Accepted Answer

A driver in a crash that injures or kills someone must stop, return to and remain at the scene, and give the required information and help. Failing to do so after an injury crash carries up to 1 year, a fine up to $3,000, or both; after a fatal crash, up to 5 years and/or $5,000. If the driver knew or should have known the crash might cause serious bodily injury or death, it is a felony punishable by up to 5 years and/or $5,000 (serious injury) or up to 10 years and/or $10,000 (death). Leaving the scene of a crash damaging only an attended vehicle or property, or failing to stop and leave your information after hitting an unattended vehicle or property, carries up to 2 months, a fine up to $500, or both.

Question 20

Is reckless driving a crime in Maryland?

Accepted Answer

Reckless driving is driving in wanton or willful disregard for the safety of people or property, or driving at least 30 miles per hour over the posted speed limit. It is punishable by up to 60 days in jail, a fine up to $1,000, or both. The lesser offense of negligent driving (driving in a careless or imprudent way that endangers property or people) carries a fine up to $750.

Question 21

Is harassment a crime in Maryland?

Accepted Answer

Harassment is following someone in public, watching their home, or maliciously engaging in conduct that alarms or seriously annoys them, with intent to harass, after being warned to stop. It is a misdemeanor punishable by up to 90 days and/or $500 (first offense) or up to 180 days and/or $1,000 (later offenses). Stalking is a malicious course of conduct of approaching or pursuing someone, in person, by electronic communication, or with a hidden location-tracking device, meant to (or that should be known to) cause reasonable fear of serious injury, assault, sexual offense, false imprisonment or death, or serious emotional distress. Stalking is a misdemeanor in Maryland but carries up to 5 years, a fine up to $5,000, or both. Harassing someone by repeated electronic messages, and several online-harassment acts aimed at minors, are misdemeanors punishable by up to 3 years and/or $10,000 (up to 10 years if meant to push a minor to suicide).

Question 22

Is resisting arrest a felony in Maryland?

Accepted Answer

Intentionally resisting a lawful arrest, or interfering with an officer making a lawful arrest or detention of someone else, is a misdemeanor punishable by up to 3 years, a fine up to $5,000, or both. Trying to elude a police officer who signals you to stop (by failing to stop, fleeing on foot, or other means) carries up to 1 year and/or $1,000 for a first offense and up to 2 years and/or $1,000 for a later offense. Eluding that causes bodily injury, or that is to avoid arrest for a crime of violence, carries up to 3 years and/or $5,000; eluding that causes a death carries up to 10 years and/or $5,000.

Question 23

What happens if you miss a court date in Maryland?

Accepted Answer

If a person charged with a crime who was released on bail or recognizance forfeits that bail and willfully fails to surrender, a bench warrant shall be issued for the person's arrest. Willfully failing to surrender within 30 days after the forfeiture is a separate misdemeanor. When the release was tied to a felony charge (or a post-conviction appeal or proceeding), the penalty is a fine not exceeding $5,000, imprisonment not exceeding 5 years, or both; when it was tied to a misdemeanor charge or an appearance as a witness, the penalty is a fine not exceeding $1,000, imprisonment not exceeding 1 year, or both. The court may also punish the failure as contempt.

Question 24

What happens if you violate probation in Maryland?

Accepted Answer

On sworn written charges that a person violated probation, the court may issue a warrant or notice requiring the person to appear, answer the charge, and have a hearing date set; pending the hearing the court may hold the person or release the person with or without bail. A judge decides at the hearing. If the court finds a violation, it may revoke probation. For a technical violation, jail is presumptively limited to not more than 15 days for a first, 30 days for a second, and 45 days for a third technical violation; for a fourth or later technical violation, or a violation that is not technical (such as a new crime), the court may impose any sentence that could originally have been imposed. The court may exceed the technical-violation limits only if it finds on the record that following them would create a risk to public safety, a victim, or a witness.

Question 25

Is obstruction of justice a felony in Maryland?

Accepted Answer

Obstructing or impeding, or trying to obstruct or impede, the administration of justice in a Maryland court by threat, force, or corrupt means is a misdemeanor punishable by imprisonment not exceeding 5 years, a fine not exceeding $10,000, or both. Witness intimidation (harming or threatening a victim or witness, or damaging property, to influence false testimony, to make the person avoid a subpoena or stay away from a proceeding, or to keep the person from reporting a crime) is a misdemeanor punishable by up to 10 years, a $5,000 fine, or both; it is a felony punishable by up to 20 years when the case involves a felony drug violation or a crime of violence. Soliciting another person to do these acts is covered too.

Question 26

Is perjury a felony in Maryland?

Accepted Answer

Perjury is willfully and falsely making an oath or affirmation as to a material fact, including perjury at common law and false statements in affidavits required by law or made under the Maryland Rules. Although Maryland classifies it as a misdemeanor, perjury is punishable by imprisonment not exceeding 10 years. When a person swears to two contradictory statements, the state need only prove that one of them was willfully false.

Question 27

Is public intoxication a crime in Maryland?

Accepted Answer

Simply being drunk in public is not, by itself, the offense; Maryland's 'disorderly intoxication' law makes it a crime to be intoxicated and endanger the safety of another person or property, or to be intoxicated or drink an alcoholic beverage in a public place and cause a public disturbance. It is a misdemeanor punishable by imprisonment not exceeding 90 days, a fine not exceeding $100, or both.

Question 28

What is a disorderly conduct charge in Maryland?

Accepted Answer

Disorderly conduct (disturbing the peace) includes willfully acting in a disorderly manner that disturbs the public peace, willfully obstructing the free passage of others in a public place or on public transportation without lawful purpose, willfully failing to obey a reasonable and lawful police order made to prevent a disturbance, and willfully disturbing others with unreasonably loud noise on their property, in a public place, or on a public conveyance. A violation is a misdemeanor punishable by imprisonment not exceeding 60 days, a fine not exceeding $500, or both.

Question 29

What is the penalty for indecent exposure in Maryland?

Accepted Answer

Indecent exposure is the common law crime, which by statute includes masturbating in public whether or not the genitals are exposed. It is a misdemeanor punishable by imprisonment not exceeding 3 years, a fine not exceeding $1,000, or both. Committing indecent exposure with prurient intent when the person knows or reasonably should know a minor is present (at least 2 years old and more than 4 years younger than the person) is a misdemeanor punishable by imprisonment not exceeding 5 years, a fine not exceeding $10,000, or both.

Question 30

Is prostitution illegal in Maryland?

Accepted Answer

Knowingly engaging in prostitution, or occupying a building or vehicle for prostitution, is a misdemeanor punishable by imprisonment not exceeding 1 year, a fine not exceeding $500, or both. Buying sex is covered by a separate crime: knowingly procuring or soliciting (or offering to procure or solicit) prostitution, a misdemeanor with the same maximum of 1 year, $500, or both. For both offenses, being a victim of human trafficking is an affirmative defense of duress if the defendant notifies the State's Attorney at least 10 days before trial.

Question 31

Is gambling legal in Maryland?

Accepted Answer

Maryland's State Lottery and Gaming Control Agency oversees the state lottery and the state's six casinos, and it also regulates sports wagering and online fantasy competitions. According to the Agency, sports wagering through licensed operators and online fantasy competitions offered by registered operators are the only legal online gaming options in Maryland, and no other forms of real-money online or mobile gaming are operating legally. Illegal bookmaking, keeping a place for betting, or taking and forwarding bets on a race or contest is a misdemeanor punishable by imprisonment not exceeding 6 months, a fine not exceeding $5,000, or both.

Question 32

Is embezzlement a felony in Maryland?

Accepted Answer

Embezzlement is part of Maryland's single consolidated theft crime, which also covers larceny, false pretenses, shoplifting and receiving stolen property, and it is graded by value: less than $100 is a misdemeanor (up to 90 days, $500); $100 to under $1,500 is a misdemeanor (up to 6 months and $500 for a first conviction, 1 year for a repeat); $1,500 to under $25,000 is a felony (up to 5 years, $10,000); $25,000 to under $100,000 is a felony (up to 10 years, $15,000); and $100,000 or more is a felony (up to 20 years, $25,000). Separately, a fiduciary who fraudulently and willfully appropriates or hides money held in trust commits the misdemeanor of embezzlement, punishable by imprisonment of not less than 1 year and not exceeding 5 years.

Question 33

Is identity theft a felony in Maryland?

Accepted Answer

Identity fraud is knowingly, willfully and with fraudulent intent possessing or obtaining another person's personal identifying information without consent in order to get a benefit, credit, goods, services or health care, or assuming another person's identity. It is graded by value: $100 to under $1,500 is a misdemeanor (up to 1 year, $500); $1,500 to under $25,000 is a felony (up to 5 years, $10,000); $25,000 to under $100,000 a felony (up to 10 years, $15,000); and $100,000 or more a felony (up to 20 years, $25,000). Doing it with intent to manufacture or distribute others' identifying information is a felony (up to 10 years, $25,000). Credit card fraud (using a stolen or counterfeit card, or falsely claiming to be a cardholder) is graded the same way, with under $100 a misdemeanor punishable by up to 90 days and $500.

Question 34

Is forgery a felony in Maryland?

Accepted Answer

Counterfeiting (forging) a check, deed, will, promissory note, motor vehicle title or other listed document with intent to defraud is a felony punishable by imprisonment not exceeding 10 years, a fine not exceeding $1,000, or both; knowingly possessing a counterfeit with fraudulent intent is a misdemeanor punishable by up to 3 years and $1,000. Issuing or passing a forged document as true (uttering) is a felony with up to 10 years and $1,000. Bad checks: obtaining property or services with a check knowing there are insufficient funds is a misdemeanor under $100 (up to 90 days, $500) or $100 to under $1,500 (up to 1 year, $500), and a felony at $1,500 to under $25,000 (up to 5 years, $10,000), $25,000 to under $100,000 (up to 10 years) or $100,000 or more (up to 20 years).

Question 35

Is blackmail illegal in Maryland?

Accepted Answer

Extortion is obtaining (or trying or conspiring to obtain) money, property, services or anything of value from someone whose consent is induced by wrongful use of actual or threatened force or violence, economic injury, taking of immigration or government identification documents, or threats to report someone's immigration status. It is a misdemeanor punishable by up to 18 months and $1,000 when the value is less than $1,000. It is a felony punishable by up to 10 years and $10,000 at $1,000 to under $10,000; up to 15 years and $15,000 at $10,000 to under $100,000; and up to 25 years and $25,000 at $100,000 or more.

Question 36

What is the difference between first and second degree murder in Maryland?

Accepted Answer

First-degree murder is a deliberate, premeditated and willful killing, a killing by lying in wait or poison, or a killing during listed felonies such as first-degree arson, burglary, carjacking, kidnapping, rape, robbery or first- or second-degree sexual offense (Maryland's felony-murder rule). It is a felony punished by life imprisonment, or life without the possibility of parole if the State follows the required notice procedure. Any other murder is second-degree murder, a felony punishable by up to 40 years. Maryland has no third-degree murder and no death penalty in these statutes.

Question 37

What is the sentence for manslaughter in Maryland?

Accepted Answer

Manslaughter (voluntary, such as a killing in the heat of passion on adequate provocation, or involuntary) is a felony punishable by up to 10 years, or up to 2 years in a local jail and/or a $500 fine; the statute says discovering a spouse's adultery, or a victim's race, sex, gender identity or sexual orientation, is not adequate provocation. Manslaughter by vehicle or vessel (causing a death by grossly negligent driving) is a felony with up to 10 years and/or $5,000 (15 years and/or $10,000 with a prior vehicular homicide or similar conviction). Criminally negligent manslaughter by vehicle or vessel is a misdemeanor with up to 3 years and/or $5,000. Homicide by motor vehicle while under the influence of alcohol is a felony with up to 5 years and/or $5,000 (10 years and/or $10,000 for a repeat offender).

Question 38

Is child endangerment a felony in Maryland?

Accepted Answer

Child neglect - a parent, family or household member, or caretaker intentionally failing to provide for a minor's physical or mental-health needs in a way that creates a substantial risk of harm - is a misdemeanor punishable by up to 5 years and/or $5,000 (failure due solely to lack of money or homelessness is not neglect). Child abuse in the second degree (a caretaker or family/household member causing physical injury through cruel treatment or a malicious act) is a felony with up to 15 years; first-degree child abuse (severe physical injury or death) carries up to 25 years, up to 40 years if a child 13 or older dies, and up to life if a child under 13 dies. Contributing to a child's delinquency or need of supervision is punishable by up to 3 years and/or a $2,500 fine.

Question 39

Is arson a felony in Maryland?

Accepted Answer

Arson in the first degree - willfully and maliciously burning a dwelling or a structure where a non-participant is present - is a felony with up to 30 years and/or a $50,000 fine. Arson in the second degree - willfully and maliciously burning any other structure, including one's own - is a felony with up to 20 years and/or $30,000. Maliciously burning another person's personal property is malicious burning in the first degree (damage of $1,000 or more; felony, up to 5 years and/or $5,000) or in the second degree (under $1,000; misdemeanor, up to 18 months and/or $500).

Question 40

Is animal cruelty a felony in Maryland?

Accepted Answer

Animal cruelty - overdriving or overloading an animal, depriving it of necessary sustenance, inflicting unnecessary suffering or pain, or failing to give an animal in one's care proper food, water, veterinary care, space, shelter or protection from the weather - is a misdemeanor punishable by up to 90 days and/or a $1,000 fine. Aggravated cruelty - intentionally mutilating, torturing, cruelly beating or cruelly killing an animal, sexual contact with an animal, or intentionally harming a police animal - is a felony punishable by up to 3 years and/or $5,000. The court may order counseling and reimbursement of care costs, may bar a person convicted of misdemeanor cruelty from owning, possessing or living with an animal as a probation condition, and may bar a person convicted of aggravated cruelty from owning, possessing or living with an animal for a set period.

Question 41

Is revenge porn illegal in Maryland?

Accepted Answer

Yes. A person may not knowingly distribute an image (including a realistic computer-generated image) of an identifiable person with intimate parts exposed or engaged in sexual activity, with intent to harm, harass, intimidate, threaten or coerce, knowing the person did not consent or with reckless disregard of consent, when the person had a reasonable expectation the image would stay private. It is a misdemeanor punishable by up to 2 years and/or a $5,000 fine. The same statute gives the person depicted a civil cause of action for defamation per se or invasion of privacy, with possible attorney's fees.

Question 42

Is cyberbullying a crime in Maryland?

Accepted Answer

Maryland's electronic harassment statute (often called Grace's Law) makes it a misdemeanor to maliciously use electronic communications or 'electronic conduct' (such as fake profiles, posting real or doctored images of a minor, or provoking others to harass a minor) in a series of communications or a single significant act intended to intimidate or harass a minor and cause physical injury or serious emotional distress, or to harass anyone after being asked to stop. The penalty is up to 3 years and/or a $10,000 fine; acting with intent to induce a minor to commit suicide carries up to 10 years and/or $10,000.

Question 43

What are the sexting laws for minors in Maryland?

Accepted Answer

Maryland does not exempt minors from its child pornography laws, but for a child charged in juvenile court with distributing, displaying or possessing such images, it is a mitigating factor that the violation arose out of 'sexting' - a minor sending a sexual image of himself or herself, or receiving and keeping one - as long as the two were within 4 years of age and there was no lack of consent or coercion. In those cases the court may not order community detention or certain other dispositions without stating extraordinary circumstances on the record, may order an educational program, and a child found to have violated these laws is not subject to sex offender registration.

Question 44

Is money laundering a felony in Maryland?

Accepted Answer

Maryland's state money laundering crime covers drug proceeds: with intent to promote a drug crime or to hide the source or ownership of drug-crime proceeds, knowingly receiving, transferring, investing or conducting a financial transaction involving proceeds (defined as money or property worth more than $10,000) derived from a drug crime. It is a felony punishable for a first violation by up to 5 years and/or a fine up to the greater of $250,000 or twice the value of the proceeds, and for a later violation by up to 10 years and/or the greater of $500,000 or five times the proceeds. Each transaction is a separate violation; the statute is not graded by amount above the $10,000 threshold.

Question 45

What are the human trafficking laws in Maryland?

Accepted Answer

Sex trafficking - knowingly taking, placing, harboring or enticing a person for prostitution, or benefiting from it - is a misdemeanor punishable by up to 10 years and/or $5,000; it is a felony with up to 25 years and/or $15,000 when the victim is a minor or force, threat, coercion or fraud is used (not knowing the victim's age is no defense). Forced labor (labor trafficking) - obtaining a person's labor or services by force, fraud or coercion, or benefiting from it - is a felony with up to 25 years and/or $15,000, as is forced marriage.

Question 46

Is jaywalking illegal in Maryland?

Accepted Answer

A pedestrian who crosses a roadway anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection, or where a pedestrian tunnel or overpass is provided, must yield the right-of-way to approaching vehicles. Between adjacent intersections with working traffic signals, a pedestrian may cross only in a marked crosswalk, and may not cross an intersection diagonally unless a traffic control device allows it. Violations of the Maryland Vehicle Law are misdemeanors unless the law makes them felonies or civil violations, and unless otherwise provided the maximum penalty is a $500 fine.

Question 47

What is the open container law in Maryland?

Accepted Answer

An occupant of a motor vehicle may not possess an open container of alcohol in the passenger area of a vehicle on a highway, and a passenger may not drink alcohol there; the driver is not charged based only on a passenger's open container. A separate Transportation Article section bars the driver from drinking alcohol in the passenger area. Passengers in buses, taxis, limousines and the living quarters of motor homes are excepted. A violation under the open-container part is a civil offense, not a criminal conviction, with a fine of up to $25 (plus $5 court costs), and is not a moving or traffic violation for license points.

Question 48

What happens if you are caught drinking under 21 in Maryland?

Accepted Answer

A person under 21 may not possess or consume alcohol (exceptions include family members furnishing alcohol in a private home, religious ceremonies and certain college courses), and may not misstate his or her age to buy alcohol. These are civil 'Code violations' handled by citation: an adult 18-20 faces a fine up to $500 (up to $1,000 for a subsequent violation), while a person under 18 is handled in juvenile court. Adults who furnish alcohol to underage persons commit a misdemeanor punishable by a fine up to $2,500 for a first offense and $5,000 for a later offense (or up to 1 year and/or $5,000 for certain knowing furnishing for underage drinking).

Question 49

What happens if you drive on a suspended license in Maryland?

Accepted Answer

Driving while one's license or privilege is suspended, revoked, canceled or refused is punishable for a first offense by up to 1 year and/or a $1,000 fine, and for a second or later offense within 3 years by up to 2 years and/or $1,000, plus license points. If the suspension was only for administrative reasons such as failing to attend a driver improvement program, failing to appear or failing to pay a traffic fine (in Maryland or another state), the maximum is a $500 fine, but the person must appear in court and may not prepay.

Question 50

What is the penalty for driving without a license in Maryland?

Accepted Answer

Driving or attempting to drive on a Maryland highway without a driver's license (unless exempt) is punishable for a first offense by up to 60 days and/or a $500 fine, and for a second or later offense by up to 1 year and/or $500. A licensed driver must have the license with him or her and show it to a uniformed police officer on request; that duty is in a separate section, and unless another penalty applies, Vehicle Law violations carry a fine of up to $500.

Question 51

What knives are legal to carry in Maryland?

Accepted Answer

It is a misdemeanor (up to 3 years and/or $1,000) to carry a concealed dangerous weapon, defined to include a dirk knife, bowie knife, switchblade knife, star knife and razor (but not a penknife without a switchblade), or to carry one openly with intent to injure someone unlawfully; in certain counties minors may not carry a dangerous weapon at night. Selling, bartering, displaying or offering to sell a switchblade knife or a spring-propelled 'shooting knife' is a misdemeanor with up to 12 months and/or a $50-$500 fine. Carrying or possessing a knife or other deadly weapon on public school property is also a misdemeanor.

Question 52

Are fireworks legal in Maryland?

Accepted Answer

Discharging fireworks, or possessing them to discharge, requires a permit from the State Fire Marshal (generally for supervised displays), and selling fireworks without a permit is prohibited. 'Fireworks' include firecrackers, rockets, Roman candles and other 1.3G and 1.4G items, but not sparklers without chlorates or perchlorates, ground-based non-aerial sparkling devices, snappers, caps or snakes; sparklers and sparkling devices may not be sold to anyone under 16 (a misdemeanor with a fine up to $1,000). Possessing or discharging fireworks illegally is a misdemeanor with a fine up to $250 per offense, illegal sale up to $1,000, and illegal fireworks are seized and destroyed. A permit does not override local ordinances where the fireworks would be used.

Question 53

Is kidnapping a felony in Maryland?

Accepted Answer

Kidnapping (by force or fraud carrying, or causing someone to be carried, inside or outside Maryland intending to carry or conceal them) is a felony punishable by up to 30 years; it does not include a parent carrying off their own minor child. Child kidnapping (forcibly taking, enticing away without a parent's consent, or hiding a child under 12 from the parent or guardian) is a felony with up to 20 years. Kidnapping a child under 16 by force or fraud, by someone other than a parent, is a felony with up to 30 years, or up to life without parole if the person is also convicted of rape or a first degree sexual offense in the same case and the State gave 30 days' written notice.

Question 54

Is making a threat a crime in Maryland?

Accepted Answer

Maryland's general threat crime is making a threat of mass violence: knowingly threatening, orally, in writing or electronically, to commit a crime of violence that would put five or more people at substantial risk of death or serious physical injury. It is a misdemeanor punishable by up to 10 years, a fine up to $10,000, or both, and the court must order repayment of government response costs unless it explains why not. Knowingly and willfully threatening to kill, kidnap or injure a State or local elected official, a deputy or assistant State's Attorney, or an assistant Public Defender is a misdemeanor with up to 3 years, a fine up to $2,500, or both.

Question 55

Is stealing a car a felony in Maryland?

Accepted Answer

Unauthorized removal of a motor vehicle (knowingly and willfully taking a vehicle out of the owner's custody or use without consent, the offense used for joyriding) is a felony called taking a motor vehicle, punishable by up to 5 years, a fine up to $5,000, or both, and the person must return the vehicle or pay its full value. Stealing a vehicle can instead be charged as general theft, graded by value: under $100, a misdemeanor up to 90 days; $100 to under $1,500, a misdemeanor up to 6 months (1 year for a repeat conviction); $1,500 to under $25,000, a felony up to 5 years and $10,000; $25,000 to under $100,000, up to 10 years and $15,000; $100,000 or more, up to 20 years and $25,000. If convicted of both for the same act, the taking conviction merges into the theft conviction.

Question 56

Is receiving stolen property a felony in Maryland?

Accepted Answer

Possessing stolen property knowing or believing it is probably stolen, with intent to deprive the owner, is a form of theft under Maryland's consolidated theft statute, graded by value: under $100, a misdemeanor with up to 90 days and/or $500; $100 to under $1,500, a misdemeanor with up to 6 months and/or $500 (1 year on a second or later conviction); $1,500 to under $25,000, a felony with up to 5 years and/or $10,000; $25,000 to under $100,000, up to 10 years and/or $15,000; $100,000 or more, up to 20 years and/or $25,000. Restitution is required at every level. For a person in the business of buying and selling goods, knowledge can be inferred from repeated stolen purchases or buying far below reasonable value, and it is no defense that the property was supplied by police in a sting described as stolen.

Question 57

What is organized retail theft in Maryland?

Accepted Answer

Organized retail theft is committing a series of thefts of retail merchandise from one or more merchants over a 90-day period, alone or with others, to keep the goods, return them for gain, or resell or trade them, when the total value exceeds $1,500; value includes property damaged in the crime and costs to repair or restock. It is a felony graded by total value: $1,500 to under $25,000, up to 5 years and/or $10,000; $25,000 to under $100,000, up to 10 years and/or $15,000; $100,000 or more, up to 20 years and/or $25,000, with restitution required. On the prosecutor's request, a court must also make a finding whether a theft, burglary or robbery conviction was organized retail theft for criminal-records reporting.

Question 58

What counts as drug trafficking in Maryland?

Accepted Answer

Distributing or dispensing a controlled dangerous substance, or possessing (other than cannabis) enough to indicate intent to distribute, is a felony punishable by up to 5 years and/or $15,000; for a Schedule I or II narcotic (such as heroin, fentanyl or cocaine) the maximum is 20 years and/or $15,000, rising to 25 years and then 40 years for repeat offenders with prior narcotics distribution convictions and prison terms. Volume dealing (for example 448 grams or more of cocaine or methamphetamine, 28 grams or more of an opiate or a fentanyl mixture, or 5 grams or more of fentanyl, with amounts within 90 days aggregated) carries a mandatory minimum 5 years without suspension or parole eligibility and a fine up to $100,000. Possessing cannabis with intent to distribute is a misdemeanor up to 3 years and/or $5,000; adults 21 and older may share the personal use amount without payment.

Question 59

Is prescription fraud a felony in Maryland?

Accepted Answer

Obtaining or trying to obtain a controlled dangerous substance by fraud, deceit, misrepresentation or subterfuge, by a forged or altered prescription, by hiding a material fact (such as other prescriptions), by using a false name or address, or by posing as a doctor, pharmacist or distributor is a misdemeanor. It is punishable by up to 1 year and/or a $5,000 fine for a first conviction, up to 18 months for a second or third, and up to 2 years for a fourth or later. Information given to a physician to obtain drugs illegally is not privileged.

Question 60

What is vehicular assault in Maryland?

Accepted Answer

Causing a life-threatening injury to another by negligently driving or operating a motor vehicle or vessel while under the influence of alcohol (or at 0.08 or more) is a misdemeanor punishable by up to 3 years and/or a $5,000 fine. Doing so while impaired by alcohol, or while so impaired by drugs that the person cannot drive safely, carries up to 2 years and/or $3,000. With a prior conviction for this offense, an impaired-driving homicide or a DUI, any of these carries up to 5 years and/or $10,000.

Question 61

Is street racing a crime in Maryland?

Accepted Answer

Driving in a race or speed contest on a highway or on private property used by the public, whether or not for a bet or prize, is prohibited, as is acting as a timekeeper or flagger for one. A driver convicted faces up to 60 days in jail, a fine up to $1,000, or both; if the race causes serious bodily injury to another person, the maximum is 1 year and/or $1,000. Sanctioned events under Transportation § 21-1211 are excepted.

Question 62

What is the penalty for boating under the influence in Maryland?

Accepted Answer

Operating or attempting to operate a vessel while under the influence of alcohol, impaired by alcohol, impaired by drugs so the person cannot operate safely, or impaired by a controlled dangerous substance is a misdemeanor. Under the influence (including 0.08 alcohol concentration, which is prima facie evidence) carries up to 1 year and/or $1,000 for a first offense, 2 years and/or $2,000 for a second, and 3 years and/or $3,000 for a third or later; the lesser impaired-by-alcohol or drug offenses carry up to 2 months and/or $500 for a first offense and 1 year and/or $1,000 after that. Prior car DUI convictions count, and the court may bar the person from operating a vessel on Maryland waters if they refused a test or tested at 0.08 or more.

Question 63

Is insurance fraud a felony in Maryland?

Accepted Answer

Fraudulent insurance acts include knowingly presenting a claim (including a claim of vehicle theft) supported by false or misleading material information, misappropriating premiums or policy benefits, and lying in viatical settlement applications. When the claim or act is worth $300 or more, it is a felony punishable for each violation by up to 15 years and/or a fine of at least $500 up to the greater of $10,000 or three times the claim value; under $300, it is a misdemeanor with up to 18 months and the same fine range. Restitution to the victim is required, fines are mandatory and cannot be suspended, and the Insurance Commissioner may separately impose administrative penalties up to $25,000 per act.

Question 64

What happens if you commit welfare or unemployment fraud in Maryland?

Accepted Answer

Obtaining, or helping someone obtain, money, food stamps (SNAP) or other assistance by fraud from a need-based State-funded social or nutritional program is a misdemeanor punishable by up to 3 years and/or a $1,000 fine, and the person must make full restitution. Knowingly lying or hiding a material fact to get or increase unemployment insurance benefits is a misdemeanor with up to 90 days and/or $1,000; the person must also repay the benefits plus a 15% penalty and 1.5% monthly interest and is disqualified from benefits until repaid, with further disqualification periods for violations.

Felony classes and maximum sentences	Maryland does not grade felonies into numbered classes in the statutes reviewed; each offense statute states whether the crime is a felony or misdemeanor and sets its own maximum prison term and fine. Example (theft): $1,500 to under $25,000 — felony, up to 5 years and/or a fine up to $10,000; $25,000 to under $100,000 — felony, up to 10 years and/or $15,000; $100,000 or more — felony, up to 20 years and/or $25,000. Source: Md. Code, Crim. Law § 7-104(g)(1)
Misdemeanor classes and maximum penalties	Misdemeanors are likewise not divided into general classes; the penalty is set in each offense statute. Example (theft): $100 to under $1,500 — misdemeanor, up to 6 months and/or a fine up to $500 for a first conviction (up to 1 year for a second or subsequent); under $100 — misdemeanor, up to 90 days and/or a fine up to $500. Some misdemeanors are punishable by confinement in the penitentiary (Cts. & Jud. Proc. § 5-106(b)). Source: Md. Code, Crim. Law § 7-104(g)(2)-(3); Cts. & Jud. Proc. § 5-106(b)
How much theft is a felony	Theft becomes a felony when the value of the property or services is at least $1,500. Tiers: less than $100 — misdemeanor, up to 90 days and/or $500; at least $100 but less than $1,500 — misdemeanor, up to 6 months and/or $500 (first conviction), up to 1 year and/or $500 (second or subsequent); at least $1,500 but less than $25,000 — felony, up to 5 years and/or $10,000; at least $25,000 but less than $100,000 — felony, up to 10 years and/or $15,000; $100,000 or more — felony, up to 20 years and/or $25,000. Restitution is required at every tier. A person with four or more prior theft convictions convicted of theft under $1,500 faces up to 5 years and/or $5,000 if the State's Attorney gives the required notice. Source: Md. Code, Crim. Law § 7-104(g)

Criminal statutes of limitations	Misdemeanors: 'a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed,' unless another subsection applies (§ 5-106(a)). Longer periods apply to listed offenses — for example, 2 years for abuse or neglect of a vulnerable adult, 3 years for many listed regulatory, tax, firearms and computer crimes, 5 years for sexual extortion and 10 years for stalking — and a misdemeanor punishable by confinement in the penitentiary may be prosecuted at any time (§ 5-106(b)). Section 5-106 does not set a general time limit for felonies. Source: Md. Code, Cts. & Jud. Proc. § 5-106
Bail and pretrial release	After arrest a defendant goes before a judicial officer (often a District Court commissioner) for an initial appearance. The pretrial release law is to be construed liberally to rely on 'criminal sanctions instead of financial loss' to ensure appearance; a court may release a defendant on personal recognizance if it believes the defendant will appear, except a defendant charged with a crime punishable by life imprisonment without parole or with a § 5-202(d) crime after a prior § 5-202(d) conviction (Crim. Proc. § 5-101). A District Court commissioner may not release certain defendants — including those charged with escape, as a drug kingpin, with a crime of violence after a prior crime-of-violence conviction, with listed crimes committed while on release, with violating a protective order, with listed weapons offenses after a prior conviction, or who are registered sex offenders; only a judge may release them, several carry a rebuttable presumption that the defendant will flee and pose a danger, and for some a judge must order detention if no condition will reasonably ensure appearance and safety (Crim. Proc. § 5-202). § 5-202: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcp&section=5-202 Source: Md. Code, Crim. Proc. §§ 5-101, 5-202
Right to a public defender	The Office of the Public Defender represents eligible indigent individuals. An applicant states in writing, under oath or affirmation, that he or she cannot pay for full representation without undue financial hardship (§ 16-210(a)). If the applicant's assets and net annual income are less than 100% of the federal poverty guidelines, eligibility may be determined without a need assessment; otherwise eligibility depends on need, considering the nature, extent and liquidity of assets, disposable net income, the nature of the offense, the length and complexity of the proceedings, and other foreseeable expenses (§ 16-210(b)-(c)). A person charged with a crime carrying possible incarceration may apply to a District Court commissioner, who determines indigency and notifies the individual in writing; the Office may provide provisional representation, and a person later found ineligible must hire counsel and reimburse the Office (§ 16-210(c)(4)-(5), (d)). No application fee is stated in § 16-210. Source: Md. Code, Crim. Proc. § 16-210

Assault	In Maryland, 'assault' covers the common-law crimes of assault, battery, and assault and battery. Ordinary assault is the misdemeanor of assault in the second degree, punishable by up to 10 years in prison, a fine up to $2,500, or both. Intentionally causing physical injury to a police officer, parole or probation agent, or firefighter or other first responder is felony second-degree assault (up to 10 years, fine up to $5,000). First-degree assault, a felony punishable by up to 25 years, is intentionally causing or trying to cause serious physical injury, committing an assault with a firearm, or assaulting someone by intentionally strangling them. Definition: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-201 ; first degree: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-202 Source: Md. Code, Crim. Law §§ 3-201(b), 3-202, 3-203
Battery	Maryland has no separate battery statute. By law, 'assault' means the crimes of assault, battery, and assault and battery, which keep their judicially determined (common-law) meanings, so an unwanted touching or striking is charged as second-degree assault, a misdemeanor punishable by up to 10 years, a fine up to $2,500, or both. Source: Md. Code, Crim. Law §§ 3-201(b), 3-203(b)
Domestic violence	Maryland has no separate domestic assault crime; violence against a family or household member is charged under the regular assault laws (second-degree assault, a misdemeanor up to 10 years and $2,500; first-degree assault, a felony up to 25 years). Strangling someone is first-degree assault. When the State's Attorney asks, the court must decide whether the crime was 'domestically related', meaning committed against a person eligible for a protective order under Family Law § 4-501 or someone who had a sexual relationship with the defendant within the prior 12 months; the State must prove this by a preponderance of the evidence, and the finding goes into the court record and is reported to the Criminal Justice Information System Central Repository. First-degree assault (strangulation): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-202 Source: Md. Code, Crim. Proc. § 6-233; Crim. Law §§ 3-202, 3-203
Harassment and stalking	Harassment is following someone in public, watching their home, or maliciously engaging in conduct that alarms or seriously annoys them, with intent to harass, after being warned to stop. It is a misdemeanor punishable by up to 90 days and/or $500 (first offense) or up to 180 days and/or $1,000 (later offenses). Stalking is a malicious course of conduct of approaching or pursuing someone, in person, by electronic communication, or with a hidden location-tracking device, meant to (or that should be known to) cause reasonable fear of serious injury, assault, sexual offense, false imprisonment or death, or serious emotional distress. Stalking is a misdemeanor in Maryland but carries up to 5 years, a fine up to $5,000, or both. Harassing someone by repeated electronic messages, and several online-harassment acts aimed at minors, are misdemeanors punishable by up to 3 years and/or $10,000 (up to 10 years if meant to push a minor to suicide). Harassment: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-803 ; electronic: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-805 Source: Md. Code, Crim. Law §§ 3-802, 3-803, 3-805

Shoplifting and petty theft	Shoplifting is charged as theft. Theft of property or services worth less than $100 is a misdemeanor punishable by up to 90 days, a fine up to $500, or both. Theft of $100 to less than $1,500 is a misdemeanor with up to 6 months and/or a $500 fine for a first conviction, and up to 1 year and/or $500 for a second or later one. A person with four or more prior theft convictions who steals less than $1,500 is still guilty of a misdemeanor but faces up to 5 years, a fine up to $5,000, or both, if the State's Attorney gives the required notice. Under the civil shoplifting law, the person is liable to the merchant for the merchant's stated sales price when the goods are not returned or were damaged, plus any other actual damages (not including lost time or wages). Civil liability: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcj&section=3-1302 Source: Md. Code, Crim. Law § 7-104(g)(2)-(5); Cts. & Jud. Proc. § 3-1302
Burglary and robbery	Burglary in the first degree is breaking and entering someone else's home with intent to commit theft, a felony punishable by up to 20 years; breaking into a home intending to commit a crime of violence is the felony of home invasion (up to 25 years). Breaking into a home intending to commit any crime is third-degree burglary, a felony up to 10 years. Breaking into a storehouse (a store, shed or other non-home building) to commit theft or a crime of violence is second-degree burglary, a felony up to 15 years (20 years and $10,000 if the goal was to steal a firearm). Simply breaking and entering a home or storehouse, or being on someone's property intending to steal, is fourth-degree burglary, a misdemeanor up to 3 years. Robbery is a felony punishable by up to 15 years; armed robbery (with a dangerous weapon or a written note claiming to have one) is a felony punishable by up to 20 years. Second degree: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-203 ; third: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-204 ; fourth: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-205 ; robbery: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-402 ; armed robbery: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-403 Source: Md. Code, Crim. Law §§ 6-202, 6-203, 6-204, 6-205, 3-402, 3-403
Vandalism (property damage)	Vandalism is called malicious destruction of property: willfully and maliciously destroying, injuring or defacing someone else's property. If the damage is under $1,000 it is a misdemeanor punishable by up to 60 days, a fine up to $500, or both; damage of $1,000 or more is a misdemeanor punishable by up to 3 years, a fine up to $2,500, or both. Graffiti is covered by the same law, and the court must also order restitution, community service, or both. Damage from one scheme or continuing course of conduct may be added together. Source: Md. Code, Crim. Law § 6-301
Trespassing	Entering or trespassing on property that is conspicuously posted against trespass (by signs or approved paint marks), or entering or staying on private property after the owner or agent has told you not to, is a misdemeanor. A first violation carries up to 90 days, a fine up to $500, or both; a second violation within 2 years carries up to 6 months and/or $1,000; each later violation within 2 years of the last carries up to 1 year and/or $2,500. Breaking and entering someone's home without intent to commit a crime is charged as fourth-degree burglary (misdemeanor, up to 3 years). Posted property: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-402 Source: Md. Code, Crim. Law §§ 6-402, 6-403, 6-205

Drug possession	Possessing a controlled dangerous substance (other than cannabis) without a prescription is a misdemeanor: up to 1 year in jail, a fine up to $5,000, or both for a first conviction; up to 18 months for a second or third; and up to 2 years for a fourth or later conviction (fine up to $5,000 in each case). Before sentencing, the court may order a substance use disorder assessment, and if one is done the court generally must suspend the sentence, order probation and require any needed treatment (or may impose a jail term with treatment provided there). Using or possessing drug paraphernalia is a misdemeanor with a fine up to $500 for a first violation and up to 1 year and/or $1,000 for a later one. Paraphernalia: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=5-619 Source: Md. Code, Crim. Law §§ 5-601(c), (e), 5-619(c)
Hit and run	A driver in a crash that injures or kills someone must stop, return to and remain at the scene, and give the required information and help. Failing to do so after an injury crash carries up to 1 year, a fine up to $3,000, or both; after a fatal crash, up to 5 years and/or $5,000. If the driver knew or should have known the crash might cause serious bodily injury or death, it is a felony punishable by up to 5 years and/or $5,000 (serious injury) or up to 10 years and/or $10,000 (death). Leaving the scene of a crash damaging only an attended vehicle or property, or failing to stop and leave your information after hitting an unattended vehicle or property, carries up to 2 months, a fine up to $500, or both. Property damage: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtr&section=20-103 and https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtr&section=20-105 Source: Md. Code, Transp. §§ 20-102, 20-103, 20-105
Reckless driving	Reckless driving is driving in wanton or willful disregard for the safety of people or property, or driving at least 30 miles per hour over the posted speed limit. It is punishable by up to 60 days in jail, a fine up to $1,000, or both. The lesser offense of negligent driving (driving in a careless or imprudent way that endangers property or people) carries a fine up to $750. Source: Md. Code, Transp. § 21-901.1

Maryland Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Quick answers for Maryland

Felonies, misdemeanors and theft

Self-defense

Charges, bail and your lawyer

Other common questions

Assault, battery and domestic violence

Shoplifting, burglary, vandalism and trespassing

Drugs and driving crimes

Arrests, court dates and probation

Public conduct crimes

Fraud, embezzlement and blackmail

Murder, manslaughter and other serious crimes

Online crimes and teens

Everyday laws: driving, drinking, knives and fireworks

Kidnapping, threats and sex crimes

Car theft, stolen property and drugs

Driving and boating

Fraud, bribery and tax crimes

Guns, recording, courts and juveniles

Death penalty, three strikes and rights after a felony

Is it legal? Delta-8, mushrooms, kratom, CBD and vaping

Elder abuse, voyeurism and assaulting an officer

Criminal Law FAQ

More Maryland law

Resisting arrest	Intentionally resisting a lawful arrest, or interfering with an officer making a lawful arrest or detention of someone else, is a misdemeanor punishable by up to 3 years, a fine up to $5,000, or both. Trying to elude a police officer who signals you to stop (by failing to stop, fleeing on foot, or other means) carries up to 1 year and/or $1,000 for a first offense and up to 2 years and/or $1,000 for a later offense. Eluding that causes bodily injury, or that is to avoid arrest for a crime of violence, carries up to 3 years and/or $5,000; eluding that causes a death carries up to 10 years and/or $5,000. Fleeing or eluding: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtr&section=21-904 Source: Md. Code, Crim. Law § 9-408; Transp. § 21-904
Missing a court date	If a person charged with a crime who was released on bail or recognizance forfeits that bail and willfully fails to surrender, a bench warrant shall be issued for the person's arrest. Willfully failing to surrender within 30 days after the forfeiture is a separate misdemeanor. When the release was tied to a felony charge (or a post-conviction appeal or proceeding), the penalty is a fine not exceeding $5,000, imprisonment not exceeding 5 years, or both; when it was tied to a misdemeanor charge or an appearance as a witness, the penalty is a fine not exceeding $1,000, imprisonment not exceeding 1 year, or both. The court may also punish the failure as contempt. Source: Md. Code, Crim. Proc. § 5-211
Probation violation	On sworn written charges that a person violated probation, the court may issue a warrant or notice requiring the person to appear, answer the charge, and have a hearing date set; pending the hearing the court may hold the person or release the person with or without bail. A judge decides at the hearing. If the court finds a violation, it may revoke probation. For a technical violation, jail is presumptively limited to not more than 15 days for a first, 30 days for a second, and 45 days for a third technical violation; for a fourth or later technical violation, or a violation that is not technical (such as a new crime), the court may impose any sentence that could originally have been imposed. The court may exceed the technical-violation limits only if it finds on the record that following them would create a risk to public safety, a victim, or a witness. Source: Md. Code, Crim. Proc. § 6-223
Obstruction of justice	Obstructing or impeding, or trying to obstruct or impede, the administration of justice in a Maryland court by threat, force, or corrupt means is a misdemeanor punishable by imprisonment not exceeding 5 years, a fine not exceeding $10,000, or both. Witness intimidation (harming or threatening a victim or witness, or damaging property, to influence false testimony, to make the person avoid a subpoena or stay away from a proceeding, or to keep the person from reporting a crime) is a misdemeanor punishable by up to 10 years, a $5,000 fine, or both; it is a felony punishable by up to 20 years when the case involves a felony drug violation or a crime of violence. Soliciting another person to do these acts is covered too. Witness intimidation: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=9-302 Source: Md. Code, Crim. Law §§ 9-306, 9-302
Perjury (lying under oath)	Perjury is willfully and falsely making an oath or affirmation as to a material fact, including perjury at common law and false statements in affidavits required by law or made under the Maryland Rules. Although Maryland classifies it as a misdemeanor, perjury is punishable by imprisonment not exceeding 10 years. When a person swears to two contradictory statements, the state need only prove that one of them was willfully false. Source: Md. Code, Crim. Law § 9-101

Public intoxication	Simply being drunk in public is not, by itself, the offense; Maryland's 'disorderly intoxication' law makes it a crime to be intoxicated and endanger the safety of another person or property, or to be intoxicated or drink an alcoholic beverage in a public place and cause a public disturbance. It is a misdemeanor punishable by imprisonment not exceeding 90 days, a fine not exceeding $100, or both. Source: Md. Code, Alc. Bev. & Cannabis § 6-320
Disorderly conduct	Disorderly conduct (disturbing the peace) includes willfully acting in a disorderly manner that disturbs the public peace, willfully obstructing the free passage of others in a public place or on public transportation without lawful purpose, willfully failing to obey a reasonable and lawful police order made to prevent a disturbance, and willfully disturbing others with unreasonably loud noise on their property, in a public place, or on a public conveyance. A violation is a misdemeanor punishable by imprisonment not exceeding 60 days, a fine not exceeding $500, or both. Source: Md. Code, Crim. Law § 10-201(c), (d)
Indecent exposure	Indecent exposure is the common law crime, which by statute includes masturbating in public whether or not the genitals are exposed. It is a misdemeanor punishable by imprisonment not exceeding 3 years, a fine not exceeding $1,000, or both. Committing indecent exposure with prurient intent when the person knows or reasonably should know a minor is present (at least 2 years old and more than 4 years younger than the person) is a misdemeanor punishable by imprisonment not exceeding 5 years, a fine not exceeding $10,000, or both. Source: Md. Code, Crim. Law § 11-107
Prostitution and solicitation	Knowingly engaging in prostitution, or occupying a building or vehicle for prostitution, is a misdemeanor punishable by imprisonment not exceeding 1 year, a fine not exceeding $500, or both. Buying sex is covered by a separate crime: knowingly procuring or soliciting (or offering to procure or solicit) prostitution, a misdemeanor with the same maximum of 1 year, $500, or both. For both offenses, being a victim of human trafficking is an affirmative defense of duress if the defendant notifies the State's Attorney at least 10 days before trial. Solicitation: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=11-306 Source: Md. Code, Crim. Law §§ 11-303, 11-306
Gambling	Maryland's State Lottery and Gaming Control Agency oversees the state lottery and the state's six casinos, and it also regulates sports wagering and online fantasy competitions. According to the Agency, sports wagering through licensed operators and online fantasy competitions offered by registered operators are the only legal online gaming options in Maryland, and no other forms of real-money online or mobile gaming are operating legally. Illegal bookmaking, keeping a place for betting, or taking and forwarding bets on a race or contest is a misdemeanor punishable by imprisonment not exceeding 6 months, a fine not exceeding $5,000, or both. Bookmaking statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=12-102 ; Agency functions (Maryland Manual): https://msa.maryland.gov/msa/mdmanual/25ind/html/50lotf.html Source: Md. Code, Crim. Law § 12-102; Maryland Lottery and Gaming Control Agency

Embezzlement	Embezzlement is part of Maryland's single consolidated theft crime, which also covers larceny, false pretenses, shoplifting and receiving stolen property, and it is graded by value: less than $100 is a misdemeanor (up to 90 days, $500); $100 to under $1,500 is a misdemeanor (up to 6 months and $500 for a first conviction, 1 year for a repeat); $1,500 to under $25,000 is a felony (up to 5 years, $10,000); $25,000 to under $100,000 is a felony (up to 10 years, $15,000); and $100,000 or more is a felony (up to 20 years, $25,000). Separately, a fiduciary who fraudulently and willfully appropriates or hides money held in trust commits the misdemeanor of embezzlement, punishable by imprisonment of not less than 1 year and not exceeding 5 years. Consolidated theft: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=7-102 ; fiduciary embezzlement: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=7-113 Source: Md. Code, Crim. Law §§ 7-102(a), 7-104(g), 7-113
Fraud and identity theft	Identity fraud is knowingly, willfully and with fraudulent intent possessing or obtaining another person's personal identifying information without consent in order to get a benefit, credit, goods, services or health care, or assuming another person's identity. It is graded by value: $100 to under $1,500 is a misdemeanor (up to 1 year, $500); $1,500 to under $25,000 is a felony (up to 5 years, $10,000); $25,000 to under $100,000 a felony (up to 10 years, $15,000); and $100,000 or more a felony (up to 20 years, $25,000). Doing it with intent to manufacture or distribute others' identifying information is a felony (up to 10 years, $25,000). Credit card fraud (using a stolen or counterfeit card, or falsely claiming to be a cardholder) is graded the same way, with under $100 a misdemeanor punishable by up to 90 days and $500. Credit card fraud: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=8-206 Source: Md. Code, Crim. Law §§ 8-301(b), (c), (g); 8-206
Forgery	Counterfeiting (forging) a check, deed, will, promissory note, motor vehicle title or other listed document with intent to defraud is a felony punishable by imprisonment not exceeding 10 years, a fine not exceeding $1,000, or both; knowingly possessing a counterfeit with fraudulent intent is a misdemeanor punishable by up to 3 years and $1,000. Issuing or passing a forged document as true (uttering) is a felony with up to 10 years and $1,000. Bad checks: obtaining property or services with a check knowing there are insufficient funds is a misdemeanor under $100 (up to 90 days, $500) or $100 to under $1,500 (up to 1 year, $500), and a felony at $1,500 to under $25,000 (up to 5 years, $10,000), $25,000 to under $100,000 (up to 10 years) or $100,000 or more (up to 20 years). Uttering: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=8-602 ; bad checks: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=8-103 and https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=8-106 Source: Md. Code, Crim. Law §§ 8-601, 8-602, 8-103, 8-106
Blackmail (extortion)	Extortion is obtaining (or trying or conspiring to obtain) money, property, services or anything of value from someone whose consent is induced by wrongful use of actual or threatened force or violence, economic injury, taking of immigration or government identification documents, or threats to report someone's immigration status. It is a misdemeanor punishable by up to 18 months and $1,000 when the value is less than $1,000. It is a felony punishable by up to 10 years and $10,000 at $1,000 to under $10,000; up to 15 years and $15,000 at $10,000 to under $100,000; and up to 25 years and $25,000 at $100,000 or more. Source: Md. Code, Crim. Law § 3-701

Murder (first vs second degree)	First-degree murder is a deliberate, premeditated and willful killing, a killing by lying in wait or poison, or a killing during listed felonies such as first-degree arson, burglary, carjacking, kidnapping, rape, robbery or first- or second-degree sexual offense (Maryland's felony-murder rule). It is a felony punished by life imprisonment, or life without the possibility of parole if the State follows the required notice procedure. Any other murder is second-degree murder, a felony punishable by up to 40 years. Maryland has no third-degree murder and no death penalty in these statutes. Second-degree murder: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=2-204. Maryland does not group crimes into classes; each statute sets its own penalty. Source: Md. Code, Crim. Law §§ 2-201, 2-204
Manslaughter (voluntary, involuntary, vehicular)	Manslaughter (voluntary, such as a killing in the heat of passion on adequate provocation, or involuntary) is a felony punishable by up to 10 years, or up to 2 years in a local jail and/or a $500 fine; the statute says discovering a spouse's adultery, or a victim's race, sex, gender identity or sexual orientation, is not adequate provocation. Manslaughter by vehicle or vessel (causing a death by grossly negligent driving) is a felony with up to 10 years and/or $5,000 (15 years and/or $10,000 with a prior vehicular homicide or similar conviction). Criminally negligent manslaughter by vehicle or vessel is a misdemeanor with up to 3 years and/or $5,000. Homicide by motor vehicle while under the influence of alcohol is a felony with up to 5 years and/or $5,000 (10 years and/or $10,000 for a repeat offender). Vehicle: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=2-209; criminally negligent: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=2-210; DUI homicide: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=2-503 Source: Md. Code, Crim. Law §§ 2-207, 2-209, 2-210, 2-503
Child endangerment	Child neglect - a parent, family or household member, or caretaker intentionally failing to provide for a minor's physical or mental-health needs in a way that creates a substantial risk of harm - is a misdemeanor punishable by up to 5 years and/or $5,000 (failure due solely to lack of money or homelessness is not neglect). Child abuse in the second degree (a caretaker or family/household member causing physical injury through cruel treatment or a malicious act) is a felony with up to 15 years; first-degree child abuse (severe physical injury or death) carries up to 25 years, up to 40 years if a child 13 or older dies, and up to life if a child under 13 dies. Contributing to a child's delinquency or need of supervision is punishable by up to 3 years and/or a $2,500 fine. Child abuse: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-601; contributing: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcj&section=3-8A-30 Source: Md. Code, Crim. Law §§ 3-602.1, 3-601; Cts. & Jud. Proc. § 3-8A-30
Arson	Arson in the first degree - willfully and maliciously burning a dwelling or a structure where a non-participant is present - is a felony with up to 30 years and/or a $50,000 fine. Arson in the second degree - willfully and maliciously burning any other structure, including one's own - is a felony with up to 20 years and/or $30,000. Maliciously burning another person's personal property is malicious burning in the first degree (damage of $1,000 or more; felony, up to 5 years and/or $5,000) or in the second degree (under $1,000; misdemeanor, up to 18 months and/or $500). Second degree: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-103; malicious burning: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-104, https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=6-105 Source: Md. Code, Crim. Law §§ 6-102, 6-103, 6-104, 6-105
Human trafficking	Sex trafficking - knowingly taking, placing, harboring or enticing a person for prostitution, or benefiting from it - is a misdemeanor punishable by up to 10 years and/or $5,000; it is a felony with up to 25 years and/or $15,000 when the victim is a minor or force, threat, coercion or fraud is used (not knowing the victim's age is no defense). Forced labor (labor trafficking) - obtaining a person's labor or services by force, fraud or coercion, or benefiting from it - is a felony with up to 25 years and/or $15,000, as is forced marriage. Forced labor: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-1202; forced marriage: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-1103 Source: Md. Code, Crim. Law §§ 3-1102, 3-1202, 3-1103
Money laundering	Maryland's state money laundering crime covers drug proceeds: with intent to promote a drug crime or to hide the source or ownership of drug-crime proceeds, knowingly receiving, transferring, investing or conducting a financial transaction involving proceeds (defined as money or property worth more than $10,000) derived from a drug crime. It is a felony punishable for a first violation by up to 5 years and/or a fine up to the greater of $250,000 or twice the value of the proceeds, and for a later violation by up to 10 years and/or the greater of $500,000 or five times the proceeds. Each transaction is a separate violation; the statute is not graded by amount above the $10,000 threshold. Source: Md. Code, Crim. Law § 5-623

Revenge porn (sharing intimate images)	Yes. A person may not knowingly distribute an image (including a realistic computer-generated image) of an identifiable person with intimate parts exposed or engaged in sexual activity, with intent to harm, harass, intimidate, threaten or coerce, knowing the person did not consent or with reckless disregard of consent, when the person had a reasonable expectation the image would stay private. It is a misdemeanor punishable by up to 2 years and/or a $5,000 fine. The same statute gives the person depicted a civil cause of action for defamation per se or invasion of privacy, with possible attorney's fees. Source: Md. Code, Crim. Law § 3-809(c), (d), (f)
Cyberbullying	Maryland's electronic harassment statute (often called Grace's Law) makes it a misdemeanor to maliciously use electronic communications or 'electronic conduct' (such as fake profiles, posting real or doctored images of a minor, or provoking others to harass a minor) in a series of communications or a single significant act intended to intimidate or harass a minor and cause physical injury or serious emotional distress, or to harass anyone after being asked to stop. The penalty is up to 3 years and/or a $10,000 fine; acting with intent to induce a minor to commit suicide carries up to 10 years and/or $10,000. Source: Md. Code, Crim. Law § 3-805(b), (e)
Sexting by minors	Maryland does not exempt minors from its child pornography laws, but for a child charged in juvenile court with distributing, displaying or possessing such images, it is a mitigating factor that the violation arose out of 'sexting' - a minor sending a sexual image of himself or herself, or receiving and keeping one - as long as the two were within 4 years of age and there was no lack of consent or coercion. In those cases the court may not order community detention or certain other dispositions without stating extraordinary circumstances on the record, may order an educational program, and a child found to have violated these laws is not subject to sex offender registration. Source: Md. Code, Cts. & Jud. Proc. § 3-8A-35; Crim. Law §§ 11-203, 11-207, 11-208
Underage drinking and fake IDs	A person under 21 may not possess or consume alcohol (exceptions include family members furnishing alcohol in a private home, religious ceremonies and certain college courses), and may not misstate his or her age to buy alcohol. These are civil 'Code violations' handled by citation: an adult 18-20 faces a fine up to $500 (up to $1,000 for a subsequent violation), while a person under 18 is handled in juvenile court. Adults who furnish alcohol to underage persons commit a misdemeanor punishable by a fine up to $2,500 for a first offense and $5,000 for a later offense (or up to 1 year and/or $5,000 for certain knowing furnishing for underage drinking). Misrepresenting age: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-113; citations and fines: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-119; furnishing penalties: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-121 Source: Md. Code, Crim. Law §§ 10-113, 10-114, 10-119, 10-121
Animal cruelty	Animal cruelty - overdriving or overloading an animal, depriving it of necessary sustenance, inflicting unnecessary suffering or pain, or failing to give an animal in one's care proper food, water, veterinary care, space, shelter or protection from the weather - is a misdemeanor punishable by up to 90 days and/or a $1,000 fine. Aggravated cruelty - intentionally mutilating, torturing, cruelly beating or cruelly killing an animal, sexual contact with an animal, or intentionally harming a police animal - is a felony punishable by up to 3 years and/or $5,000. The court may order counseling and reimbursement of care costs, may bar a person convicted of misdemeanor cruelty from owning, possessing or living with an animal as a probation condition, and may bar a person convicted of aggravated cruelty from owning, possessing or living with an animal for a set period. Aggravated cruelty: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-606 Source: Md. Code, Crim. Law §§ 10-604, 10-606

Driving on a suspended license	Driving while one's license or privilege is suspended, revoked, canceled or refused is punishable for a first offense by up to 1 year and/or a $1,000 fine, and for a second or later offense within 3 years by up to 2 years and/or $1,000, plus license points. If the suspension was only for administrative reasons such as failing to attend a driver improvement program, failing to appear or failing to pay a traffic fine (in Maryland or another state), the maximum is a $500 fine, but the person must appear in court and may not prepay. Source: Md. Code, Transp. § 16-303
Driving without a license	Driving or attempting to drive on a Maryland highway without a driver's license (unless exempt) is punishable for a first offense by up to 60 days and/or a $500 fine, and for a second or later offense by up to 1 year and/or $500. A licensed driver must have the license with him or her and show it to a uniformed police officer on request; that duty is in a separate section, and unless another penalty applies, Vehicle Law violations carry a fine of up to $500. Carrying the license: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtr&section=16-112 Source: Md. Code, Transp. §§ 16-101, 16-112, 27-101
Open container in a car	An occupant of a motor vehicle may not possess an open container of alcohol in the passenger area of a vehicle on a highway, and a passenger may not drink alcohol there; the driver is not charged based only on a passenger's open container. A separate Transportation Article section bars the driver from drinking alcohol in the passenger area. Passengers in buses, taxis, limousines and the living quarters of motor homes are excepted. A violation under the open-container part is a civil offense, not a criminal conviction, with a fine of up to $25 (plus $5 court costs), and is not a moving or traffic violation for license points. Civil offense and fine: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-126; driver consumption: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtr&section=21-903 Source: Md. Code, Crim. Law §§ 10-125, 10-126; Transp. § 21-903
Jaywalking	A pedestrian who crosses a roadway anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection, or where a pedestrian tunnel or overpass is provided, must yield the right-of-way to approaching vehicles. Between adjacent intersections with working traffic signals, a pedestrian may cross only in a marked crosswalk, and may not cross an intersection diagonally unless a traffic control device allows it. Violations of the Maryland Vehicle Law are misdemeanors unless the law makes them felonies or civil violations, and unless otherwise provided the maximum penalty is a $500 fine. Penalty: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtr&section=27-101 Source: Md. Code, Transp. §§ 21-503, 27-101
Knife laws	It is a misdemeanor (up to 3 years and/or $1,000) to carry a concealed dangerous weapon, defined to include a dirk knife, bowie knife, switchblade knife, star knife and razor (but not a penknife without a switchblade), or to carry one openly with intent to injure someone unlawfully; in certain counties minors may not carry a dangerous weapon at night. Selling, bartering, displaying or offering to sell a switchblade knife or a spring-propelled 'shooting knife' is a misdemeanor with up to 12 months and/or a $50-$500 fine. Carrying or possessing a knife or other deadly weapon on public school property is also a misdemeanor. Switchblade sales: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=4-105; school property: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=4-102 Source: Md. Code, Crim. Law §§ 4-101, 4-105, 4-102
Fireworks	Discharging fireworks, or possessing them to discharge, requires a permit from the State Fire Marshal (generally for supervised displays), and selling fireworks without a permit is prohibited. 'Fireworks' include firecrackers, rockets, Roman candles and other 1.3G and 1.4G items, but not sparklers without chlorates or perchlorates, ground-based non-aerial sparkling devices, snappers, caps or snakes; sparklers and sparkling devices may not be sold to anyone under 16 (a misdemeanor with a fine up to $1,000). Possessing or discharging fireworks illegally is a misdemeanor with a fine up to $250 per offense, illegal sale up to $1,000, and illegal fireworks are seized and destroyed. A permit does not override local ordinances where the fireworks would be used. Definitions: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=10-101; penalties: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=10-111; sparklers to minors: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=10-112 Source: Md. Code, Pub. Safety §§ 10-101, 10-103, 10-104, 10-110, 10-111, 10-112

Kidnapping	Kidnapping (by force or fraud carrying, or causing someone to be carried, inside or outside Maryland intending to carry or conceal them) is a felony punishable by up to 30 years; it does not include a parent carrying off their own minor child. Child kidnapping (forcibly taking, enticing away without a parent's consent, or hiding a child under 12 from the parent or guardian) is a felony with up to 20 years. Kidnapping a child under 16 by force or fraud, by someone other than a parent, is a felony with up to 30 years, or up to life without parole if the person is also convicted of rape or a first degree sexual offense in the same case and the State gave 30 days' written notice. Child kidnapping: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-503. Maryland does not group crimes into general classes; each statute states whether the offense is a felony or misdemeanor and sets its own maximum. Source: Md. Code, Crim. Law §§ 3-502, 3-503
Criminal threats (terroristic threats)	Maryland's general threat crime is making a threat of mass violence: knowingly threatening, orally, in writing or electronically, to commit a crime of violence that would put five or more people at substantial risk of death or serious physical injury. It is a misdemeanor punishable by up to 10 years, a fine up to $10,000, or both, and the court must order repayment of government response costs unless it explains why not. Knowingly and willfully threatening to kill, kidnap or injure a State or local elected official, a deputy or assistant State's Attorney, or an assistant Public Defender is a misdemeanor with up to 3 years, a fine up to $2,500, or both. Threats against officials: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-708. Maryland does not group crimes into general classes; each statute states whether the offense is a felony or misdemeanor and sets its own maximum. Source: Md. Code, Crim. Law §§ 3-1001, 3-708
Sexual assault and rape	Maryland's sexual assault crimes are rape and sexual offense in degrees. First degree rape (intercourse or a sexual act by force or threat without consent, plus a weapon, serious injury or strangulation, threats of death or kidnapping, help from another person, or during a burglary) carries up to life; it carries life without parole for a repeat offender or when combined with kidnapping a child under 16, and 25 years to life without parole when an adult commits it against a child under 13. Second degree rape (intercourse or a sexual act without consent, with a victim who is cognitively impaired, incapacitated or physically helpless, or with a child under 14 by someone at least 4 years older) carries up to 20 years, or 15 years to life when an adult uses force or incapacity against a child under 13. Third degree sexual offense (forcible sexual touching with aggravating factors, sexual touching of a child under 14, and some acts with 14- or 15-year-olds by adults 21 or older) carries up to 10 years; fourth degree sexual offense (sexual contact without consent) carries up to 1 year and/or $1,000, or up to 3 years with a prior sex-crime conviction. Second degree rape: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-304; third degree: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-307; fourth degree: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-308. Mandatory minimums for child victims apply only if the State gives written notice before trial. Maryland does not use numbered felony or misdemeanor classes; each statute sets its own maximum penalty. Source: Md. Code, Crim. Law §§ 3-303, 3-304, 3-307, 3-308
Child molestation (child sexual abuse)	Sexual abuse of a minor is a separate felony when committed by a parent or other person with care, custody or supervision of the child, or by a household or family member; it carries up to 25 years and may be sentenced consecutively to the sentence for the underlying sex crime. Sexual acts with children are also prosecuted as rape or sexual offense: second degree rape covers intercourse or a sexual act with a child under 14 by someone at least 4 years older (up to 20 years), and third degree sexual offense covers sexual contact with a child under 14 by someone at least 4 years older (up to 10 years). Sexual contact or sexual acts with a minor student or program participant by a person in a position of authority are fourth degree sexual offense. Second degree rape: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-304; third degree sexual offense: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-307; fourth degree: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-308. Maryland does not use numbered felony or misdemeanor classes; each statute sets its own maximum penalty. Source: Md. Code, Crim. Law §§ 3-602, 3-304(a)(3), 3-307(a)(3), 3-308(c)
Child pornography (child sexual abuse material)	Knowingly possessing and intentionally retaining, or intentionally accessing and viewing, a photo, film or other visual image of an actual child under 16 (or a computer-generated image indistinguishable from an identifiable child) engaged in sexual conduct, sadomasochistic abuse or sexual excitement is a misdemeanor punishable by up to 5 years and/or $2,500; a repeat offense is a felony with up to 10 years and/or $10,000. Producing child pornography (causing or allowing a minor to take part, photographing or filming a minor in sexual conduct, or using a computer to depict it) or promoting, distributing or possessing it with intent to distribute is a felony punishable by up to 10 years and/or $25,000 for a first violation and up to 20 years and/or $50,000 for each later violation. Production and distribution: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=11-207. It is an affirmative defense to possession that the person promptly destroyed the image or reported it to police (§ 11-208(e)). Source: Md. Code, Crim. Law §§ 11-207, 11-208
Online solicitation of a minor	Sexual solicitation of a minor means knowingly soliciting a minor, or a police officer posing as a minor (or the minor's parent or guardian), by any means including by computer, internet, phone or other electronic means, intending to commit second degree rape, third degree sexual offense, child pornography or certain prostitution and trafficking offenses. It is a felony punishable by up to 10 years and/or a $25,000 fine for a first offense, and up to 20 years and/or $50,000 for a second or later offense. The crime is committed in Maryland if the solicitation starts or is received there. Source: Md. Code, Crim. Law § 3-324
Sex offender registration	Registered sex offenders are classified in tiers. Tier I and II offenders register in person every 6 months and Tier III offenders and sexually violent predators every 3 months. The registration term is 15 years for Tier I (reducible to 10 years with a clean record), 25 years for Tier II, and life for Tier III, generally counted from release, probation or suspended sentence; certain juveniles register for up to 5 years. Knowingly failing to register, to give required notice or information, or giving false information is a misdemeanor punishable by up to 3 years and/or $5,000 for a first offense, and a felony punishable by up to 5 years and/or $10,000 for a later offense. Failure to register: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcp&section=11-721. Source: Md. Code, Crim. Proc. §§ 11-707, 11-721

Car theft and joyriding	Unauthorized removal of a motor vehicle (knowingly and willfully taking a vehicle out of the owner's custody or use without consent, the offense used for joyriding) is a felony called taking a motor vehicle, punishable by up to 5 years, a fine up to $5,000, or both, and the person must return the vehicle or pay its full value. Stealing a vehicle can instead be charged as general theft, graded by value: under $100, a misdemeanor up to 90 days; $100 to under $1,500, a misdemeanor up to 6 months (1 year for a repeat conviction); $1,500 to under $25,000, a felony up to 5 years and $10,000; $25,000 to under $100,000, up to 10 years and $15,000; $100,000 or more, up to 20 years and $25,000. If convicted of both for the same act, the taking conviction merges into the theft conviction. Theft: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=7-104 Source: Md. Code, Crim. Law §§ 7-105, 7-104(g)
Receiving stolen property	Possessing stolen property knowing or believing it is probably stolen, with intent to deprive the owner, is a form of theft under Maryland's consolidated theft statute, graded by value: under $100, a misdemeanor with up to 90 days and/or $500; $100 to under $1,500, a misdemeanor with up to 6 months and/or $500 (1 year on a second or later conviction); $1,500 to under $25,000, a felony with up to 5 years and/or $10,000; $25,000 to under $100,000, up to 10 years and/or $15,000; $100,000 or more, up to 20 years and/or $25,000. Restitution is required at every level. For a person in the business of buying and selling goods, knowledge can be inferred from repeated stolen purchases or buying far below reasonable value, and it is no defense that the property was supplied by police in a sting described as stolen. Source: Md. Code, Crim. Law § 7-104(c), (g)
Organized retail theft	Organized retail theft is committing a series of thefts of retail merchandise from one or more merchants over a 90-day period, alone or with others, to keep the goods, return them for gain, or resell or trade them, when the total value exceeds $1,500; value includes property damaged in the crime and costs to repair or restock. It is a felony graded by total value: $1,500 to under $25,000, up to 5 years and/or $10,000; $25,000 to under $100,000, up to 10 years and/or $15,000; $100,000 or more, up to 20 years and/or $25,000, with restitution required. On the prosecutor's request, a court must also make a finding whether a theft, burglary or robbery conviction was organized retail theft for criminal-records reporting. Source: Md. Code, Crim. Law § 7-104.1
Drug trafficking and intent to distribute	Distributing or dispensing a controlled dangerous substance, or possessing (other than cannabis) enough to indicate intent to distribute, is a felony punishable by up to 5 years and/or $15,000; for a Schedule I or II narcotic (such as heroin, fentanyl or cocaine) the maximum is 20 years and/or $15,000, rising to 25 years and then 40 years for repeat offenders with prior narcotics distribution convictions and prison terms. Volume dealing (for example 448 grams or more of cocaine or methamphetamine, 28 grams or more of an opiate or a fentanyl mixture, or 5 grams or more of fentanyl, with amounts within 90 days aggregated) carries a mandatory minimum 5 years without suspension or parole eligibility and a fine up to $100,000. Possessing cannabis with intent to distribute is a misdemeanor up to 3 years and/or $5,000; adults 21 and older may share the personal use amount without payment. Prohibition: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=5-602; general penalty: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=5-607; volume dealer: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=5-612. Drug kingpin (Crim. Law § 5-613) is a separate offense. Maryland does not group crimes into general classes; each statute states whether the offense is a felony or misdemeanor and sets its own maximum. Source: Md. Code, Crim. Law §§ 5-602, 5-607, 5-608, 5-612
Prescription drug fraud	Obtaining or trying to obtain a controlled dangerous substance by fraud, deceit, misrepresentation or subterfuge, by a forged or altered prescription, by hiding a material fact (such as other prescriptions), by using a false name or address, or by posing as a doctor, pharmacist or distributor is a misdemeanor. It is punishable by up to 1 year and/or a $5,000 fine for a first conviction, up to 18 months for a second or third, and up to 2 years for a fourth or later. Information given to a physician to obtain drugs illegally is not privileged. Source: Md. Code, Crim. Law § 5-601(a)(2), (b), (c)(1)

Vehicular assault	Causing a life-threatening injury to another by negligently driving or operating a motor vehicle or vessel while under the influence of alcohol (or at 0.08 or more) is a misdemeanor punishable by up to 3 years and/or a $5,000 fine. Doing so while impaired by alcohol, or while so impaired by drugs that the person cannot drive safely, carries up to 2 years and/or $3,000. With a prior conviction for this offense, an impaired-driving homicide or a DUI, any of these carries up to 5 years and/or $10,000. Maryland does not group crimes into general classes; each statute states whether the offense is a felony or misdemeanor and sets its own maximum. Source: Md. Code, Crim. Law § 3-211
Street racing	Driving in a race or speed contest on a highway or on private property used by the public, whether or not for a bet or prize, is prohibited, as is acting as a timekeeper or flagger for one. A driver convicted faces up to 60 days in jail, a fine up to $1,000, or both; if the race causes serious bodily injury to another person, the maximum is 1 year and/or $1,000. Sanctioned events under Transportation § 21-1211 are excepted. Source: Md. Code, Transp. § 21-1116
Boating under the influence (BUI)	Operating or attempting to operate a vessel while under the influence of alcohol, impaired by alcohol, impaired by drugs so the person cannot operate safely, or impaired by a controlled dangerous substance is a misdemeanor. Under the influence (including 0.08 alcohol concentration, which is prima facie evidence) carries up to 1 year and/or $1,000 for a first offense, 2 years and/or $2,000 for a second, and 3 years and/or $3,000 for a third or later; the lesser impaired-by-alcohol or drug offenses carry up to 2 months and/or $500 for a first offense and 1 year and/or $1,000 after that. Prior car DUI convictions count, and the court may bar the person from operating a vessel on Maryland waters if they refused a test or tested at 0.08 or more. Causing a life-threatening injury while operating a vessel impaired is charged under Crim. Law § 3-211. Source: Md. Code, Nat. Res. § 8-738

Insurance fraud	Fraudulent insurance acts include knowingly presenting a claim (including a claim of vehicle theft) supported by false or misleading material information, misappropriating premiums or policy benefits, and lying in viatical settlement applications. When the claim or act is worth $300 or more, it is a felony punishable for each violation by up to 15 years and/or a fine of at least $500 up to the greater of $10,000 or three times the claim value; under $300, it is a misdemeanor with up to 18 months and the same fine range. Restitution to the victim is required, fines are mandatory and cannot be suspended, and the Insurance Commissioner may separately impose administrative penalties up to $25,000 per act. Fraudulent insurance acts defined: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gin&section=27-403 Source: Md. Code, Ins. §§ 27-403, 27-408
Welfare and unemployment fraud	Obtaining, or helping someone obtain, money, food stamps (SNAP) or other assistance by fraud from a need-based State-funded social or nutritional program is a misdemeanor punishable by up to 3 years and/or a $1,000 fine, and the person must make full restitution. Knowingly lying or hiding a material fact to get or increase unemployment insurance benefits is a misdemeanor with up to 90 days and/or $1,000; the person must also repay the benefits plus a 15% penalty and 1.5% monthly interest and is disqualified from benefits until repaid, with further disqualification periods for violations. Unemployment: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gle&section=8-1301, https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gle&section=8-1305 Source: Md. Code, Crim. Law § 8-503; Md. Code, Lab. & Empl. §§ 8-1301, 8-1305
Bribery	Bribing or attempting to bribe a public employee (including State and local officers, judges, legislators and police) to influence official duties, or a public employee demanding or receiving a bribe, fee or reward to influence or neglect those duties, is the misdemeanor of bribery. It carries 2 to 12 years in prison or a fine of $5,000 to $25,000, or both, and the person loses the right to vote and to hold an office of trust or profit in Maryland. A participant may be compelled to testify against others and is then immune from prosecution for that crime. The statute also makes a violator subject to Cts. & Jud. Proc. § 5-106(b). Maryland does not group crimes into general classes; each statute states whether the offense is a felony or misdemeanor and sets its own maximum. Source: Md. Code, Crim. Law § 9-201
State tax evasion	Willfully failing to file a required Maryland income tax return, sales and use tax return or income tax withholding return is a misdemeanor punishable by up to 5 years and/or a $10,000 fine, as is willfully failing to withhold or pay over withheld income tax; willfully making a false statement on a sales and use tax return carries the same maximum. Willfully, or with intent to evade payment or prevent collection, failing to provide required tax information or providing false or misleading information is a misdemeanor with up to 18 months and/or $5,000. A tax return preparer who willfully prepares a false income tax return or attempts to evade tax faces up to 5 years and/or $10,000. Withholding: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtg&section=13-1007; false information: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtg&section=13-1024; preparers: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gtg&section=13-1004 Source: Md. Code, Tax-Gen. §§ 13-1001, 13-1003, 13-1004, 13-1007, 13-1024
Computer hacking and cybercrime	Hacking is unauthorized access to computers: intentionally, willfully and without authorization accessing or exceeding authorized access to a computer, network, software or database is a misdemeanor punishable by up to 3 years and/or $1,000. Doing so to cause a malfunction or to alter, damage or destroy data or programs, or misusing access codes, is a misdemeanor with up to 5 years and/or $5,000 if the loss is under $10,000, and a felony with up to 10 years and/or $10,000 if the loss is $10,000 or more. Attacks meant to disrupt state government, utilities, health care facilities or public schools carry up to 10 years and/or $100,000 for losses of $10,000 or more. Knowingly possessing ransomware intending to use it on someone else's computer is a misdemeanor with up to 2 years and/or $5,000, and attacks on 9-1-1 call centers are a felony with up to 5 years and/or $25,000. Source: Md. Code, Crim. Law § 7-302(c)-(d)

Felon in possession of a firearm	A person convicted of a 'disqualifying crime' (a crime of violence, any felony, or a misdemeanor carrying more than 2 years) may not possess a regulated firearm (handguns and assault weapons) or a rifle or shotgun. Possessing a regulated firearm after a conviction for a crime of violence or listed drug-trafficking felonies is a felony with a mandatory minimum of 5 years (up to 15 years), which becomes discretionary if more than 5 years have passed since the person finished the sentence. Other prohibited possession of a regulated firearm is a misdemeanor punishable by up to 5 years and/or $10,000, and prohibited possession of a rifle or shotgun is a misdemeanor punishable by up to 3 years and/or $1,000. Penalty for § 5-133(b): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=5-144; rifles and shotguns: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=5-205; definition: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=5-101. Source: Md. Code, Pub. Safety §§ 5-101(g), 5-133(b)-(c), 5-144, 5-205
Recording conversations (one-party consent)	Maryland is an all-party consent state: it is lawful to record a phone call or private conversation only when all parties to it have given prior consent, unless an exception applies. Willfully intercepting a wire, oral or electronic communication without that consent, or knowingly disclosing or using an illegally intercepted communication, is a felony punishable by up to 5 years and/or a $10,000 fine. The all-party consent exception is in § 10-402(c)(3). 'Oral communication' covers conversations where the speakers have a reasonable expectation of privacy (§ 10-401). Source: Md. Code, Cts. & Jud. Proc. § 10-402(a)-(c)
Filing a false police report	Knowingly making a false statement, report or complaint to a police officer, intending to deceive and to cause an investigation, is a misdemeanor punishable by up to 6 months and/or $500. Falsely reporting to a government official that a crime was committed or that an imminent danger to public safety exists carries the same penalty. Knowingly making a false fire alarm or a false call for an ambulance or rescue squad is a misdemeanor punishable by up to 5 years and/or $5,000, and spreading a false report about a bomb, destructive device or toxic material is a felony punishable by up to 10 years and/or $10,000. Report of crime or hazard: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=9-503; false alarms: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=9-604; destructive device: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=9-504. A false police report motivated by bias is also a hate crime (§ 10-304(1)(iv)). Source: Md. Code, Crim. Law §§ 9-501, 9-503, 9-604, 9-504
Hate crimes	Maryland's hate crime law makes it a separate crime to commit or threaten a crime against a person or group, damage their property, burn an object on their property, or make a false police report about them, when motivated in whole or substantial part by race, color, religious beliefs, sexual orientation, sex, gender identity, disability, national origin or homelessness. It is a misdemeanor punishable by up to 3 years and/or $5,000; if the underlying crime is a felony, a felony punishable by up to 10 years and/or $10,000; and if a victim dies, a felony punishable by up to 20 years and/or $20,000. The court may also order an antibias education program. Penalties: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-306. Source: Md. Code, Crim. Law §§ 10-304, 10-306
Parole violation	When a parolee is alleged to have violated a condition of parole, one commissioner of the Maryland Parole Commission holds a revocation hearing; the parolee may have a lawyer of his or her choice or a public defender, and a record is kept. If a violation is found, the commissioner may revoke parole and return the person to prison with a future reparole hearing date, or continue parole with or without new conditions such as home detention. For technical violations, imprisonment is presumptively limited to 15 days for a first, 30 days for a second and 45 days for a third violation unless the commissioner finds on the record a risk to public safety, a victim or a witness; for a fourth technical violation or a new-crime violation, the commissioner may order the person to serve any unserved part of the original sentence. Source: Md. Code, Corr. Servs. § 7-401
Violating a restraining order	Failing to comply with the main relief in an interim, temporary or final protective order (such as orders not to abuse, contact, harass or enter the residence of the protected person) is a misdemeanor punishable by up to 90 days and/or a $1,000 fine for a first offense, and up to 1 year and/or $2,500 for a second or later offense. The conviction does not merge with any other crime based on the same act and may be sentenced consecutively. Police must arrest, with or without a warrant, a person they have probable cause to believe is violating such an order. Source: Md. Code, Fam. Law § 4-509
Juveniles tried as adults	Maryland starts some juvenile cases in adult court automatically: a child 14 or older charged with a crime punishable by life imprisonment, and a child 16 or older charged with listed serious crimes (such as kidnapping, second degree murder, voluntary manslaughter, second degree rape, armed robbery, carjacking, first degree assault and certain firearm crimes), are outside juvenile court jurisdiction, though the adult court may transfer the case to juvenile court before trial or a plea if it finds by a preponderance of the evidence that transfer is in the interest of the child or society (not allowed in some cases, such as a child with a prior adult conviction for an excluded crime). A child previously convicted as an adult of a felony is also tried as an adult for a new felony. In other cases, the juvenile court may waive its jurisdiction after a waiver hearing for a child 15 or older, or a younger child charged with an offense punishable by life imprisonment. Waiver: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcj&section=3-8A-06; transfer back to juvenile court: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcp&section=4-202. Source: Md. Code, Cts. & Jud. Proc. §§ 3-8A-03(d), 3-8A-06; Crim. Proc. § 4-202

Death penalty	Maryland no longer has the death penalty. It was repealed by Chapter 156 of the 2013 session (Senate Bill 276), effective October 1, 2013, and replaced with life imprisonment without the possibility of parole. Today a person convicted of first-degree murder is sentenced to life without parole or to life; life without parole may be imposed only if the State gave written notice at least 30 days before trial, and a jury's decision to impose it must be unanimous. Bill page (title 'Death Penalty Repeal - Substitution of Life Without the Possibility of Parole', approved May 2, 2013, effective October 1, 2013): https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0276?ys=2013RS . §2-304: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=2-304. Source: Md. Code, Crim. Law §§2-201(b), 2-203, 2-304; 2013 Md. Laws ch. 156 (SB 276)
Three strikes and habitual offender laws	Maryland's repeat offender law applies to 'crimes of violence' (such as murder, rape, robbery, carjacking, first-degree assault, home invasion and first-degree child abuse). A second crime of violence, after serving a term of confinement for the first, brings a mandatory minimum of 10 years that cannot be suspended. A third, after two separate prior convictions and at least one term of confinement, brings a mandatory minimum of 25 years that cannot be suspended. A fourth, after three separate terms of confinement for crimes of violence, requires life without the possibility of parole. Parole for persons sentenced under §14-101(c) and (d)(2) is limited to Correctional Services §4-305. §14-101(b) and (c) refer to exceptions in subsection (f), which did not appear in the text read on 2026-10-28. Source: Md. Code, Crim. Law §14-101(a)-(d)
Voting with a felony conviction	In Maryland, a person convicted of a felony cannot register or vote only while currently serving a court-ordered sentence of imprisonment for that conviction. People on probation or parole, and people who have finished their prison term, may register and vote. The one lasting bar is for a conviction for buying or selling votes. Source: Md. Code, Elec. Law §3-102(b)(1), (3)
Restoring rights after a felony	Voting rights return automatically when a person is no longer serving a court-ordered prison sentence for the felony; no application is needed beyond registering. Jury service is different: a person convicted of a crime punishable by more than one year who received a sentence of more than one year is not qualified to serve on a jury unless pardoned. Firearm rights are governed separately by Maryland's ban on possession by people with disqualifying convictions. Cts. & Jud. Proc. §8-103: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcj&section=8-103; Pub. Safety §5-133: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gps&section=5-133. Source: Md. Code, Elec. Law §3-102(b)(1); Cts. & Jud. Proc. §8-103(b)(4), (c); Pub. Safety §5-133

Delta-8 and hemp THC products	Maryland treats intoxicating hemp products like cannabis. 'Tetrahydrocannabinol' includes delta-8, delta-9 and delta-10 THC however derived, and other intoxicating cannabinoids except CBD. A product for eating, drinking or inhaling with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package may be sold only by a state-licensed cannabis business, in compliance with state testing, packaging and labeling standards, and never to anyone under 21; violations are misdemeanors with fines up to $5,000. Selling a cannabinoid product not derived from naturally occurring plant compounds is a misdemeanor with a fine up to $10,000. A separate law makes it a misdemeanor to sell delta-8 or delta-10 products to anyone under 21 (fines up to $300, $1,000 and $3,000) and requires age verification on seller websites. §36-1104: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gab&section=36-1104; Crim. Law §10-108: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-108. Hemp-derived tinctures with at least a 15-to-1 CBD-to-THC ratio and no more than 2.5 mg THC per serving and 100 mg per package may be sold outside the licensed system if samples are provided for testing (§36-1102(d)). Source: Md. Code, Alc. Bev. & Cannabis §§36-1102, 36-1104; Crim. Law §10-108
Magic mushrooms (psilocybin)	Psilocybin is a Schedule I controlled dangerous substance in Maryland, because Maryland's Schedule I includes substances the federal government designates as Schedule I (unless the Maryland Department of Health objects), and federal law lists psilocybin and psilocyn in Schedule I. Possessing it is a misdemeanor: up to 1 year and/or a $5,000 fine for a first conviction, up to 18 months for a second or third, and up to 2 years for a fourth or later. §5-402: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=5-402. Federal listing checked in the DEA's alphabetical list of controlled substances (Psilocybin, CSCN 7437, Schedule I; Psilocyn, 7438, Schedule I): https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf Source: Md. Code, Crim. Law §§5-402(a)(3), 5-601(c)(1)
Kratom	Kratom is legal for adults in Maryland but regulated. A retailer may not sell a kratom product to anyone under 21; may not sell products that are adulterated or contaminated, that have 7-hydroxymitragynine above 2% of the alkaloid content, that contain synthetic kratom alkaloids, or that do not state the mitragynine and 7-hydroxymitragynine content on the label; and may not advertise therapeutic benefits or market to minors. The statute also bars selling a kratom product that has not been recognized as a dietary ingredient or approved drug by the U.S. Food and Drug Administration. Violations of the sales rules are misdemeanors with up to 90 days and/or a $5,000 fine. §21-2E-01 (definitions): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=ghg&section=21-2E-01; §21-2E-03 (advertising): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=ghg&section=21-2E-03. Failing to disclose the factual basis for label claims carries a civil penalty up to $1,000 ($2,000 for later violations) (§21-2E-02(e)). Source: Md. Code, Health-Gen. §§21-2E-01 to 21-2E-03
CBD	Hemp CBD products are legal in Maryland. CBD is excluded from Maryland's definition of tetrahydrocannabinol, so a CBD product with no more than 0.5 milligrams of THC per serving and 2.5 milligrams per package may be sold outside the licensed cannabis system. Hemp-derived tinctures with at least a 15-to-1 ratio of CBD to THC, no more than 2.5 milligrams of THC per serving and 100 milligrams per package may also be sold, if the seller provides samples for state testing. Products above those THC limits may be sold only by licensed cannabis businesses to people 21 and older, and any cannabinoid product not derived from naturally occurring plant compounds is banned. This is separate from the state medical and adult-use cannabis programs. Source: Md. Code, Alc. Bev. & Cannabis §36-1102(a)(3), (b)-(d)
Smoking and vaping age	The minimum age to buy tobacco products in Maryland is 21, and 'tobacco products' include electronic smoking devices (vapes) and the liquids used in them, whether or not they contain nicotine. A commercial seller may not sell or give tobacco products or paraphernalia to anyone under 21, must keep tobacco behind the counter, and must check government photo ID for anyone under 30; no one may buy tobacco for a person under 21. Selling to someone under 21 is a misdemeanor with fines up to $500 for a first violation, $1,000 for a second within two years and $3,000 for later ones (with license suspension or revocation for repeat violations by licensed retailers), or alternatively a civil citation with penalties up to $300, $1,000 and $3,000. Crim. Law §10-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-101; Health-Gen. §24-307: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=ghg&section=24-307. A civil citation under §24-307 bars prosecution under §10-107 for the same violation. Source: Md. Code, Crim. Law §§10-101(d), 10-107; Health-Gen. §24-307

Elder abuse	Maryland protects 'vulnerable adults' (adults who lack the physical or mental capacity to provide for their daily needs). First-degree abuse or neglect of a vulnerable adult by a caregiver, parent, family or household member, or other person responsible for supervision, causing death, serious physical injury or sexual abuse, is a felony punishable by up to 10 years and/or a $10,000 fine; second-degree abuse or neglect (including intentionally inflicting severe emotional distress) is a misdemeanor punishable by up to 5 years and/or $5,000. Financial exploitation, meaning obtaining property by deception, intimidation or undue influence from a vulnerable adult or anyone at least 68 years old, is graded by value: under $1,500 is a misdemeanor (up to 1 year and/or $500), and $1,500 or more is a felony with up to 5, 10 or 20 years depending on the amount, plus required restitution. §3-605: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-605; §8-801: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=8-801. Felony tiers under §8-801(c)(1): $1,500 to under $25,000, up to 5 years and/or $10,000; $25,000 to under $100,000, up to 10 years and/or $15,000; $100,000 or more, up to 20 years and/or $25,000. Source: Md. Code, Crim. Law §§3-604, 3-605, 8-801
Voyeurism (peeping tom)	Maryland has three misdemeanors. Secretly watching someone in a store dressing room or restroom without consent carries up to 30 days and/or a $1,000 fine. Visual surveillance with prurient intent, meaning secretly watching or filming a person in a private place where people undress (such as a bathroom, bedroom, tanning room or hotel room) or using a camera to view someone's private areas without consent where they would not be visible to the public, carries up to 1 year and/or a $2,500 fine. Placing a hidden camera on property where a private residence is located to secretly observe someone inside also carries up to 1 year and/or $2,500. Victims may also sue for damages and attorney's fees. §3-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-901; §3-903: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=3-903. Source: Md. Code, Crim. Law §§3-901, 3-902, 3-903
Assaulting a police officer	In Maryland, intentionally causing physical injury (more than a minor injury) to someone the person knows or should know is a law enforcement officer, a parole or probation agent, or a firefighter, EMT or other first responder performing their duties is the felony of second-degree assault, punishable by up to 10 years and/or a $5,000 fine. Ordinary second-degree assault is a misdemeanor with the same 10-year maximum but a fine of up to $2,500. Source: Md. Code, Crim. Law §3-203(b), (c)