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§ 9-202. Bribery of juror; acceptance of bribe by juror

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 9. Crimes Against Public Administration
Subtitle 2. Bribery
MD Code, Criminal Law, § 9-202
Formerly cited as MD CODE Art. 27, § 25
§ 9-202. Bribery of juror; acceptance of bribe by juror
Prohibited--Bribing juror
(a) A person may not bribe or attempt to bribe a juror for rendering a verdict.
Prohibited--Juror accepting bribe
(b) A juror may not accept a bribe for rendering a verdict.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction:
(1) is subject to imprisonment for not less than 18 months and not exceeding 6 years; and
(2) may not serve on a jury in the future.
Statute of limitations and in banc review
(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 25.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 25.
In subsection (a) of this section, the reference to a “person” is substituted for the former obsolete reference to an “embracer” for clarity.
Also in subsection (a) of this section, the reference to “brib[ing] or attempt[ing] to bribe a juror” is substituted for the former reference to “procur[ing] any juror to take gain or profit” for clarity.
In subsection (b) of this section, the reference to “accept[ing] a bribe” is substituted for the former reference to “taking gain or profit” for clarity.
Subsection (c) of this section is revised to clarify that all prescribed penalties are applicable to all persons convicted under this section.
In subsection (c) of this section, the reference to a person being “guilty of a misdemeanor” is added to state expressly that which only was implied by the former reference to being “convicted”. In this State, any crime that was not a felony at common law and has not been declared a felony by statute is considered a misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).
In subsection (d) of this section, the reference to a violation being “subject to § 5-106(b) of the Courts Article” is substituted for the former reference to the violation subjecting the defendant to imprisonment “in the penitentiary of this State” for clarity and consistency within this article. See General Revisor's Note to article.
For provisions on intimidating or corrupting a juror, see § 9-305 of this title.
Defined term: “Person” § 1-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 27, § 25, related to bribing juror, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 9-202, MD CRIM LAW § 9-202
Current through all legislation from the 2019 Regular Session of the General Assembly.
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