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§ 11-116. Additional penalties

West's Annotated Code of MarylandPublic SafetyEffective: May 3, 2023

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 11. Explosives (Refs & Annos)
Subtitle 1. Licenses to Engage in Business as Manufacturer or Dealer or to Possess Explosives (Refs & Annos)
Effective: May 3, 2023
MD Code, Public Safety, § 11-116
Formerly cited as MD CODE Art. 38A, § 34A;  MD CODE Art. 38A, § 34B
§ 11-116. Additional penalties
Currentness
For violation of § 11-114(b)
(a)(1) Except as otherwise provided in paragraph (2) of this subsection, a person who violates § 11-114(b) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.
(2) Paragraph (1) of this subsection does not apply to a person who neither intended to use nor used the explosives involved in violation of:
(i) Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6-602, § 7-402, or § 12-701 of this article;
(ii) Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4-123.1 of the Agriculture Article;
(iii) Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;
(iv) Title 14, Subtitle 29, § 11-810, or § 14-1317 of the Commercial Law Article;
(v) § 3-218, § 3-305(c)(2), § 3-409(a) or (c), § 3-803(b), § 3-807(i), § 3-808(d), § 3-811(c), § 8-801, § 8-802, § 9-602(e), § 11-702(d)(8), § 11-708(d)(7)(ii), § 11-711(h)(2), § 11-712(c)(6)(ii), § 11-715(g)(2), § 11-716(h)(2), § 11-723(b)(8), or § 11-726 of the Correctional Services Article;
(vi) the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10-614;
(vii) Title 5, Subtitle 10A of the Environment Article;
(viii) § 5-503 of the Family Law Article;
(ix) Title 20, Subtitle 7 or § 21-259.1 of the Health-General Article;
(x) § 8-713.1, § 8-724.1, § 8-725.6, § 8-725.7, § 8-726.1, § 8-738.2, § 8-740.1, or § 10-411(a) or (d), as it relates to Harford County, of the Natural Resources Article;
(xi) § 14-127 of the Real Property Article;
(xii) § 6-301 or § 33-2503 of the Alcoholic Beverages and Cannabis Article;
(xiii) § 109 of the Code of Public Local Laws of Caroline County;
(xiv) § 4-103 of the Code of Public Local Laws of Carroll County; or
(xv) § 8A-1 of the Code of Public Local Laws of Talbot County.
For violation of § 11-114(c) or conspiracy to violate § 11-114(b)
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, a person who violates § 11-114(c) of this subtitle or who conspires to violate § 11-114(b) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.
(2) Paragraph (1) of this subsection does not apply to a person who had probable cause to believe that the explosives involved would be used for a purpose other than the violation of:
(i) Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6-602, § 7-402, or § 12-701 of this article;
(ii) Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4-123.1 of the Agriculture Article;
(iii) Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;
(iv) Title 14, Subtitle 29, § 11-810, or § 14-1317 of the Commercial Law Article;
(v) § 3-218, § 3-305(c)(2), § 3-409(a) or (c), § 3-803(b), § 3-807(i), § 3-808(d), § 3-811(c), § 8-801, § 8-802, § 9-602(e), § 11-702(d)(8), § 11-703(d)(5)(iii), § 11-706(b)(8), § 11-708(d)(7)(ii), § 11-711(h)(2), § 11-712(c)(6)(ii), § 11-714(c)(6), § 11-715(g)(2), § 11-716(h)(2), § 11-723(b)(8), or § 11-726 of the Correctional Services Article;
(vi) the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10-614;
(vii) Title 5, Subtitle 10A of the Environment Article;
(viii) § 5-503 of the Family Law Article;
(ix) Title 20, Subtitle 7 or § 21-259.1 of the Health-General Article;
(x) § 8-713.1, § 8-724.1, § 8-725.6, § 8-725.7, § 8-726.1, § 8-738.2, § 8-740.1, or § 10-411(a) or (d), as it relates to Harford County, of the Natural Resources Article;
(xi) § 14-127 of the Real Property Article;
(xii) § 6-301 or § 33-2503 of the Alcoholic Beverages and Cannabis Article;
(xiii) § 109 of the Code of Public Local Laws of Caroline County;
(xiv) § 4-103 of the Code of Public Local Laws of Carroll County; or
(xv) § 8A-1 of the Code of Public Local Laws of Talbot County.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2004, c. 66, § 1, eff. April 13, 2004; Acts 2007, c. 5, § 7, eff. March 22, 2007; Acts 2010, c. 72, § 5, eff. April 13, 2010; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2014, c. 45, § 1, eff. April 8, 2014; Acts 2016, c. 228, § 1, eff. July 1, 2016; Acts 2022, c. 135, § 5; Acts 2023, c. 49, § 6.
MD Code, Public Safety, § 11-116, MD PUBLIC SAFETY § 11-116
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document