Do you need help with a divorce in Maryland?  Call us at 888-437-7747.

Going through a divorce is one of the most stressful experiences you will go through in your entire life.

The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.

If you are in the unfortunate position of having to file for a divorce inMarylandor you have been served with a divorce complaint inMaryland, you need the help of an experienced divorce lawyer inMaryland.

The SRIS Law Group Maryland divorce lawyers have a thorough understanding of the divorce laws inMarylandand how theMarylanddivorce laws may apply to your case.

OurMarylanddivorce attorneys have helped many clients who are going through a divorce inMaryland.

If you need help with aMarylanddivorce, contact us for help at 888-437-7747.

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Maryland Penal § 1-203. Special provisions of alimony, annulment, and divorce

(a) Injunctive power of court. — In an action for alimony, annulment, or divorce, an equity court:

(1) has all the powers of a court of equity; and

(2) may issue an injunction to protect any party to the action from physical harm or harassment.

(b) Lis pendens. — Unless the court expressly provides otherwise, the filing of an action for an annulment, a limited divorce, or an absolute divorce does not constitute lis pendens with respect to any property of a party.

(c) Oral testimony required for final decree. — In an action for alimony, annulment, or divorce, a final decree may not be entered except on oral testimony by the plaintiff in a hearing before an examiner or a master or in open court.

(d) Scope of alimony hearing and determination. — An equity court shall hear and determine a case for alimony in as full and ample a manner as a case for alimony could be heard and determined by the Ecclesiastical Courts of England.

Maryland Penal § 7-102. Limited divorce

(a) Grounds for limited divorce. — The court may decree a limited divorce on the following grounds:

(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;

(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation.

(b) Attempts at reconciliation. — As a condition precedent to granting a decree of limited divorce, the court may:

(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

(c) Time during which decree is effective. — The court may decree a divorce under this section for a limited time or for an indefinite time.

(d) Revocation of decree. — The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.

(e) Decree of limited divorce on prayer for absolute divorce. — If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

Maryland Penal  § 7-103. Absolute divorce

(a) Grounds for absolute divorce. — The court may decree an absolute divorce on the following grounds:

(1) adultery;

(2) desertion, if:

(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;

(ii) the desertion is deliberate and final; and

(iii) there is no reasonable expectation of reconciliation;

(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:

(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence;

(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;

(5) insanity if:

(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;

(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(b) Recrimination. — Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.

(c) Res judicata. — Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.

(d) Condonation. — Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.

(e) Effect of limited divorce on application for absolute divorce. –

(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.

(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.

Maryland divorce lawyers

Maryland Penal § 1-203. Special provisions of alimony, annulment, and divorce

(a) Injunctive power of court. — In an action for alimony, annulment, or divorce, an equity court:

(1) has all the powers of a court of equity; and

(2) may issue an injunction to protect any party to the action from physical harm or harassment.

(b) Lis pendens. — Unless the court expressly provides otherwise, the filing of an action for an annulment, a limited divorce, or an absolute divorce does not constitute lis pendens with respect to any property of a party.

(c) Oral testimony required for final decree. — In an action for alimony, annulment, or divorce, a final decree may not be entered except on oral testimony by the plaintiff in a hearing before an examiner or a master or in open court.

(d) Scope of alimony hearing and determination. — An equity court shall hear and determine a case for alimony in as full and ample a manner as a case for alimony could be heard and determined by the Ecclesiastical Courts of England.

Maryland Penal § 7-102. Limited divorce

(a) Grounds for limited divorce. — The court may decree a limited divorce on the following grounds:

(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;

(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation.

(b) Attempts at reconciliation. — As a condition precedent to granting a decree of limited divorce, the court may:

(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

(c) Time during which decree is effective. — The court may decree a divorce under this section for a limited time or for an indefinite time.

(d) Revocation of decree. — The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.

(e) Decree of limited divorce on prayer for absolute divorce. — If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

Maryland Penal § 7-103. Absolute divorce

(a) Grounds for absolute divorce. — The court may decree an absolute divorce on the following grounds:

(1) adultery;

(2) desertion, if:

(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;

(ii) the desertion is deliberate and final; and

(iii) there is no reasonable expectation of reconciliation;

(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:

(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence;

(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;

(5) insanity if:

(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;

(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(b) Recrimination. — Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.

(c) Res judicata. — Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.

(d) Condonation. — Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.

(e) Effect of limited divorce on application for absolute divorce. –

(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.

(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.

Equitable Distribution

Property & Asset Distribution

Maryland divorce lawyers

MaryLand Penal § 8-202. Ownership of personal and real property

(a) Determination of ownership. –

(1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.

(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.

(3) Except as provided in § 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.

(b) Decree and order. — When the court determines the ownership of personal or real property, the court may:

(1) grant a decree that states what the ownership interest of each party is; and

(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.

MaryLand Penal § 8-203. Marital property — Determination

(a) Time of court action. — In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:

(1) when the court grants an annulment or an absolute divorce;

(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or

(3) after the 90-day period if:

(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;

(ii) during the 90-day period, the court extends the time for making the determination; and

(iii) the parties consent to the extension.

(b) Consideration of military pension. — In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.

(c) Exclusion of family home and family use personal property. — Repealed.

MaryLand Penal § 8-204. Marital property — Valuation

(a) Determination by court. — Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.

(b) Retirement benefits. –

(1) The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an “if, as, and when” basis.

(2) If a party objects to the distribution of retirement benefits on an “if, as, and when” basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an “if, as, and when” basis shall be deemed to be waived unless good cause is shown.

MaryLand Penal § 8-205. Marital property — Award

(a) Grant of award. –

(1) Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.

(2) The court may transfer ownership of an interest in:

(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties;

(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties; and

(iii) subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by:

1. ordering the transfer of ownership of the real property or any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property;

2. authorizing one party to purchase the interest of the other party in the real property, in accordance with the terms and conditions ordered by the court; or

3. both.

(b) Factors in determining amount and method of payment or terms of transfer. — The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:

(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;

(2) the value of all property interests of each party;

(3) the economic circumstances of each party at the time the award is to be made;

(4) the circumstances that contributed to the estrangement of the parties;

(5) the duration of the marriage;

(6) the age of each party;

(7) the physical and mental condition of each party;

(8) how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;

(9) the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;

(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and

(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.

(c) Award reduced to judgment. — The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.

MaryLand Penal § 8-206. Family home; family use personal property — Legislative policy

The court shall exercise its powers under §§ 8-207 through 8-213 of this subtitle:

(1) to enable any child of the family to continue to live in the environment and community that are familiar to the child; and

(2) to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.

MaryLand Penal § 8-207. Family home; family use personal property — Determination; order or decree; property not included

(a) Determination. — In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:

(1) before the court grants an annulment or a limited or absolute divorce; or

(2) when the court grants an annulment or a limited or absolute divorce.

(b) Modification. — A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.

(c) Certain property to be treated as marital property. — If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.

MaryLand Penal § 8-208. Family home; family use personal property — Award of possession and use; standards; order or decree; allocation of financial responsibilities

(a) Award of possession and use. –

(1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:

(i) decide that 1 of the parties shall have the sole possession and use of that property; or

(ii) divide the possession and use of the property between the parties.

(2) The court may exercise these powers pendente lite.

(b) Required considerations. — In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:

(1) the best interests of any child;

(2) the interest of each party in continuing:

(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or

(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and

(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8-207 through 8-213 of this subtitle.

(c) Allocation of financial responsibilities. — The court may order or decree that either or both of the parties pay all or any part of:

(1) any mortgage payments or rent;

(2) any indebtedness that is related to the property;

(3) the cost of maintenance, insurance, assessments, and taxes; or

(4) any similar expenses in connection with the property.

(d) Effect of award of sole possession and use. — An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.

MaryLand Penal § 8-209. Family home; family use personal property — Power of court over order or decree

In a temporary or final order or decree, each provision that concerns the family home or family use personal property is subject, as the circumstances and justice may require, to:

(1) the terms and conditions that the court sets;

(2) the time limits that the court sets, subject to § 8-210 of this subtitle; and

(3) modification or dissolution by the court.

MaryLand Penal § 8-210. Family home; family use personal property — Termination of order or decree

(a) Time limitation. –

(1) In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.

(2) The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.

(b) Remarriage of party with possession or use of property. — Subject to the provisions of subsection (a) of this section, in any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate when the party with the possession or use of the property remarries.

(c) Treatment of property. — When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 of this subtitle.

MaryLand Penal § 8-211. Family home; family use personal property — Not evidence of constructive desertion

An order, award, or decree under §§ 8-207 through 8-209 of this subtitle may not be considered as evidence of constructive desertion.

Reckless Driving Ticket

Maryland Speeding Ticket offenses as explained by a former prosecutor.

Maryland Penal § 21-901.1. Reckless and negligent driving
(a) Reckless driving. — A person is guilty of reckless driving if he drives a motor vehicle:

(1) In wanton or willful disregard for the safety of persons or property; or

(2) In a manner that indicates a wanton or willful disregard for the safety of persons or property.

(b) Negligent driving. — A person is guilty of negligent driving if he drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual.

Maryland Penal  § 21-901.2. Aggressive driving
A person is guilty of aggressive driving if the person commits three or more of the following offenses at the same time or during a single and continuous period of driving in violation of:

(1) § 21-202 of this title (Traffic lights with steady indication);

(2) § 21-303 of this title (Overtaking and passing vehicles);

(3) § 21-304 of this title (Passing on right);

(4) § 21-309 of this title (Driving on laned roadways);

(5) § 21-310 of this title (Following too closely);

(6) § 21-403 of this title (Failure to yield right-of-way); or

(7) § 21-801.1 of this title (Exceeding a maximum speed limit or posted maximum speed limit).

DUI

Newsletter about DUI or our primer on drunk driving.

Maryland penal § 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance

(a) Driving while under the influence of alcohol or under the influence of alcohol per se. –

(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.

(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

(b) Driving while impaired by alcohol. –

(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.

(2) A person may not violate paragraph (1) of this subsection while transporting a minor.

(c) Driving while impaired by drugs or drugs and alcohol. –

(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.

(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.

(3) A person may not violate paragraph (1) of this subsection while transporting a minor.

(d) Driving while impaired by controlled dangerous substance. –

(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.

(2) A person may not violate paragraph (1) of this subsection while transporting a minor.

(e) Crime committed in another jurisdiction. — For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.

Maryland penal  § 21-903. Consumption of alcoholic beverages while driving on highway

(a) Definitions. –

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

(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.

(3) (i) “Passenger area” means an area that:

1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or

2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.

(ii) “Passenger area” does not include:

1. A locked glove compartment;

2. The trunk of a motor vehicle; or

3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.

(b) Application of section. — This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.

(c) Consumption of alcohol prohibited. — A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.

(d) Scope. — Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibition contained in this section applies throughout the State.

Telephone Threats Laws in Maryland

Maryland Penal § 3-804. Misuse of telephone facilities and equipment

(a) Prohibited. — A person may not use telephone facilities or equipment to make:

(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;

(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or

(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.

(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 500 or both.

Maryland Trespass

Trespass laws in Maryland

Maryland penal § 6-402. Trespass on posted property

(a) Prohibited. — A person may not enter or trespass on property that is posted conspicuously against trespass by:

(1) signs placed where they reasonably may be seen; or

(2) paint marks that:

(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and

(ii) are made on trees or posts that are located:

1. at each road entrance to the property; and

2. adjacent to public roadways, public waterways, and other land adjoining the property.

(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;

(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

Maryland penal § 6-403. Wanton trespass on private property

(a) Prohibited — Entering and crossing property. — A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

(b) Prohibited — Remaining on property. — A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both;

(2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and

(3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

(d) Construction of section. — This section prohibits only wanton entry on private property.

(e) Applicability to housing projects. — This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.

Maryland penal  § 6-407. Trespass in stable area of racetrack

(a) Prohibited. — A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area.

(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.

Maryland penal  § 6-410. Wanton trespass on property of Government House

(a) Prohibited. — A person may not commit wanton trespass on the property of Government House.

(b) Posting not necessary. — Notwithstanding any other provision of law, the property of Government House need not be posted against trespass.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both.

Maryland penal  § 9-706.1. Trespass or violation at nuclear power facility — Detention

(a) “Security officer” defined. — In this section, “security officer” means a proprietary or contractual security officer of a license holder of a nuclear power plant facility in the State.

(b) Authority to detain without warrant. — Subject to subsection (c) of this section, if a nuclear power plant facility is placed under a heightened level of security condition by a federal agency pursuant to federal law, the license holder of a nuclear power plant facility in the State may authorize a security officer, without a warrant, to stop and detain any person who the owner or security officer has reasonable grounds to believe has:

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

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

(c) Notice to law enforcement agency. — A security officer who detains a person under subsection (b) of this section shall, as soon as practicable:

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

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

(d) Release of detainee. — If notice to a law enforcement agency is provided as required under subsection (c) of this section and the law enforcement agency determines not to investigate the alleged crime or declines to take the detained person into detention or custody, the security officer shall release the person as soon as practicable.

Larceny/Shoplifting

Maryland Larceny Crimes Defense

Maryland Penal § 7-104. General theft provisions

(a) Unauthorized control over property. — A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person:

(1) intends to deprive the owner of the property;

(2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

(3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

(b) Unauthorized control over property — By deception. — A person may not obtain control over property by willfully or knowingly using deception, if the person:

(1) intends to deprive the owner of the property;

(2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

(3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

(c) Possessing stolen personal property. –

(1) A person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person:

(i) intends to deprive the owner of the property;

(ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

(iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.

(2) In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if:

(i) the person possesses or exerts control over property stolen from more than one person on separate occasions;

(ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or

(iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value.

(3) In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that:

(i) the person who stole the property has not been convicted, apprehended, or identified;

(ii) the defendant stole or participated in the stealing of the property;

(iii) the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or

(iv) the stealing of the property did not occur in the State.

(4) Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice.

(d) Control over property lost, mislaid, or delivered by mistake. — A person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person:

(1) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;

(2) fails to take reasonable measures to restore the property to the owner; and

(3) intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.

(e) Services available only for compensation. — A person may not obtain the services of another that are available only for compensation:

(1) by deception; or

(2) with knowledge that the services are provided without the consent of the person providing them.

(f) Inference of intention or knowledge. — Under this section, an offender’s intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed.

(g) Penalty. –

(1) A person convicted of theft of property or services with a value of:

(i) at least $ 1,000 but less than $ 10,000 is guilty of a felony and:

1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both; and

2. shall restore the property taken to the owner or pay the owner the value of the property or services;

(ii) at least $ 10,000 but less than $ 100,000 is guilty of a felony and:

1. is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 15,000 or both; and

2. shall restore the property taken to the owner or pay the owner the value of the property or services; or

(iii) $ 100,000 or more is guilty of a felony and:

1. is subject to imprisonment not exceeding 25 years or a fine not exceeding $ 25,000 or both; and

2. shall restore the property taken to the owner or pay the owner the value of the property or services.

(2) Except as provided in paragraphs (3) and (4) of this subsection, a person convicted of theft of property or services with a value of less than $ 1,000, is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both; and

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(3) A person convicted of theft of property or services with a value of less than $ 100 is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both; and

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(4) Subject to paragraph (5) of this subsection, a person who has two or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $ 1,000 under paragraph (2) of this subsection is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both; and

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(5) The court may not impose the penalties under paragraph (4) of this subsection unless the State’s Attorney serves notice on the defendant or the defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that:

(i) the State will seek the penalties under paragraph (4) of this subsection; and

(ii) lists the alleged prior convictions.

(h) Failure to pay for motor fuel after dispensing. –

(1) If a person is convicted of a violation under this section for failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall:

(i) notify the person that the person’s driver’s license may be suspended under § 16-206.1 of the Transportation Article; and

(ii) notify the Motor Vehicle Administration of the violation.

(2) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this subsection.

(i) Statute of limitations. — An action or prosecution for a violation of subsection (g)(2) or (3) of this section shall be commenced within 2 years after the commission of the crime.

(j) Jurisdiction and venue. — A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated.

Maryland Penal § 7-105. Motor vehicle theft

(a) “Owner” defined. — In this section, “owner” means a person who has a lawful interest in or is in lawful possession of a motor vehicle by consent or chain of consent of the title owner.

(b) Prohibited. — A person may not knowingly and willfully take a motor vehicle out of the owner’s lawful custody, control, or use without the owner’s consent.

(c) Penalty. — A person who violates this section:

(1) is guilty of the felony of taking a motor vehicle and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both; and

(2) shall restore the motor vehicle or, if unable to restore the motor vehicle, pay to the owner the full value of the motor vehicle.

(d) Effect on general theft prosecution; merger. –

(1) This section does not preclude prosecution for theft of a motor vehicle under § 7-104 of this part.

(2) If a person is convicted under § 7-104 of this part and this section for the same act or transaction, the conviction under this section shall merge for sentencing purposes into the conviction under § 7-104 of this part.

Maryland Penal § 7-106. Newspaper theft

(a) “Newspaper” defined. — In this section, “newspaper” means a periodical that is distributed on a complimentary or compensatory basis.

(b) Prohibited. — A person may not knowingly or willfully obtain or exert control that is unauthorized over newspapers with the intent to prevent another from reading the newspapers.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $ 500 or both.

Maryland Penal § 7-107. Bad checks — Prosecution as theft

(a) Scope of section. — A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person:

(1) makes a false representation that there are sufficient funds in the drawee bank to cover the check; and

(2) commits deception as provided under § 7-104(b) or (e) of this part.

(b) Presumptions. — If a person is prosecuted for theft under this section, the presumptions of § 8-104 of this article apply to the same extent as if the person were prosecuted under § 7-104 of this part.

Maryland Penal § 7-201. Theft of grocery carts

(a) Scope of section. — This section applies only to a wheeled cart or other similar device that is clearly marked with the name and address of its owner and if notice of this section is clearly and prominently displayed at each public exit from the grocery store, store, or market that owns the wheeled cart or other similar device.

(b) Prohibited. –

(1) A person may not:

(i) without the permission of the owner or agent of the owner, remove a wheeled cart or other similar device provided for the purpose of assembling or carrying purchased materials from a grocery store, store, or market, including its parking facilities;

(ii) damage any wheeled cart or other device owned by the grocery store, store, or market from which the cart was obtained; or

(iii) abandon a wheeled cart or other device on the streets or alleys of the State.

(2) A person may abandon a wheeled cart or other device on the parking facilities of the grocery store, store, or market from which the cart was obtained.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 25 for each violation.

Indecent Exposure

Indecent Exposure in Maryland

Maryland Penal § 11-107. Indecent exposure

A person convicted of indecent exposure is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

Maryland Penal  § 11-202. Obscene matter — Distribution, exhibition, importation, and publication

(a) Prohibited. — A person may not:

(1) knowingly send or cause to be sent any obscene matter into the State for sale or distribution;

(2) knowingly bring or cause to be brought any obscene matter into the State for sale or distribution;

(3) in the State prepare, publish, print, exhibit, distribute, or offer to distribute any obscene matter; or

(4) possess any obscene matter in the State with the intent to distribute, offer to distribute, or exhibit.

(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.

(c) Injunction. –

(1) The State’s Attorney may maintain an action for an injunction in the circuit court against a person to prevent the sale, further sale, distribution, further distribution, acquisition, publication, or possession within the State of any book, magazine, pamphlet, newspaper, story paper, writing paper, picture, card, drawing, photograph, motion picture film or showing, or any article, item, or instrument the use of which is obscene.

(2) The circuit court may enjoin the sale or distribution of a book, magazine, motion picture film or showing, or other publication or item that is prohibited under this section from sale or distribution.

(3) After being served a summons and complaint in an action by the State’s Attorney under this section, a person who sells, distributes, or acquires the enjoined material is chargeable with knowledge of the contents of the materials described in this section.

(4) The defendant is entitled to a trial of the issues within 1 day after joinder of issue.

(5) The court shall render a decision within 2 days after the conclusion of the trial.

(6) If an order or judgment is entered in favor of the State’s Attorney, the final order or judgment shall contain provisions:

(i) directing the person to surrender the obscene matter to the peace officer designated by the court or the county sheriff; and

(ii) directing the peace officer or county sheriff to seize and destroy the obscene matter.

(7) In an action brought under this section, the State’s Attorney is not:

(i) required to file a bond before an injunction order is issued;

(ii) liable for costs; or

(iii) liable for damages sustained because of the injunction order if judgment is rendered in favor of the defendant.