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§ 3-206. Charging documents--Assault and reckless endangerment

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 2. Assault, Reckless Endangerment, and Related Crimes
MD Code, Criminal Law, § 3-206
Formerly cited as MD CODE Art. 27, § 12A-2; MD CODE Art. 27, § 12A-4
§ 3-206. Charging documents--Assault and reckless endangerment
Contents--In general
(a) An indictment, information, other charging document, or warrant for a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle is sufficient if it substantially states:
“(name of defendant) on (date) in (county) assaulted (name of victim) in the .......... degree or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.”.
Bill of particulars
(b) If the general form of indictment or information described in subsection (a) of this section is used to charge a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.
Assault in the first degree--Lesser included crime
(c) A charge of assault in the first degree also charges a defendant with assault in the second degree.
Reckless endangerment
(d)(1) To be found guilty of reckless endangerment under § 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.
(2) A charging document for reckless endangerment under § 3-204 of this subtitle is sufficient if it substantially states:
“(name of defendant) on (date) in (county) committed reckless endangerment in violation of § 3-204 of the Criminal Law Article against the peace, government, and dignity of the State.”.
(3) If more than one individual is endangered by the conduct of the defendant, a separate charge may be brought for each individual endangered.
(4) A charging document containing a charge of reckless endangerment under § 3-204 of this subtitle may:
(i) include a count for each individual endangered by the conduct of the defendant; or
(ii) contain a single count based on the conduct of the defendant, regardless of the number of individuals endangered by the conduct of the defendant.
(5) If the general form of charging document described in paragraph (2) of this subsection is used to charge reckless endangerment under § 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 44, § 1, eff. Oct. 1, 2002.
Formerly Art. 27, §§ 12A-2, 12A-4.
MD Code, Criminal Law, § 3-206, MD CRIM LAW § 3-206
Current through legislation effective through May 16, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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