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§ 3-904. Unlawful picketing and assembly

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 9. Surveillance and Other Crimes Against Privacy
MD Code, Criminal Law, § 3-904
Formerly cited as MD CODE Art. 27, § 580A
§ 3-904. Unlawful picketing and assembly
Legislative policy
(a) The General Assembly declares that:
(1) the protection and preservation of the home is the keystone of democratic government;
(2) the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy and, when absent from their homes, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes;
(3) the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants;
(4) the purpose of this practice is to harass the occupants of the residences and dwelling places;
(5) without resort to this practice, full opportunity exists, and under the provisions of this article will continue to exist, for the exercise of freedom of speech and other constitutional rights; and
(6) the provisions of this section are necessary in the public interest to avoid the detrimental results described in this subsection.
Effect of section
(b) This section does not prohibit:
(1) picketing or assembly in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article;
(2) picketing in a lawful manner of a person's home when it is also the person's sole place of business; or
(3) holding a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.
Prohibited--Assembly disrupting home tranquility
(c) A person may not intentionally assemble with another in a manner that disrupts a person's right to tranquility in the person's home.
Penalty
(d)(1) 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 $100 or both.
(2) Each day on which a violation of this section occurs is a separate violation.
Injunctive relief
(e) In addition to the penalty provided in subsection (d) of this section, a circuit court:
(1) may enjoin conduct proscribed by this section; and
(2) in the proceeding for injunctive relief, may award damages, including punitive damages, against any person found guilty of violating this section.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 580A.
MD Code, Criminal Law, § 3-904, MD CRIM LAW § 3-904
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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