§ 11-701. Definitions
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Criminal Procedure, § 11-701
§ 11-701. Definitions
(c) “Employment” means an occupation, job, or vocation that is full time or part time for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
(d)(1) “Habitually lives” means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night.
(f) “Imprisonment” means incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence.
(g) “Jurisdiction” means a state or a Native American tribe that elects to function as a registration jurisdiction under federal law.
(h) “Local law enforcement unit” means the law enforcement unit in a county that has been designated by resolution of the county governing body as the primary law enforcement unit in the county.
(i)(1) Except as otherwise provided in this subsection, “release” means any type of release from the custody of a supervising authority.
(j) “Sexually violent offense” means:
(k) “Sexually violent predator” means a person who:
(l) “Sex offender” means a person who has been convicted of:
(3) an offense in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender.
(m) “Student” means an individual who is enrolled in or attends an education institution, including a public or private secondary school, trade or professional school, or an institution of higher education.
(n) “Supervising authority” means an agency or person that is responsible for collecting the information for the initial registration of a sex offender and is:
(7) the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article;
(o) “Tier I sex offender” means a person who has been convicted of:
(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (5) of this subsection.
(p) “Tier II sex offender” means a person who has been convicted of:
(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection.
(q) “Tier III sex offender” means a person who has been convicted of:
(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection.
(r) “Transient” means a nonresident registrant who enters a county of this State with the intent to be in the State or is in the State for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year for a purpose other than employment or to attend an educational institution.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2001, c. 249, § 1, eff. Oct. 1, 2001; Acts 2001, c. 674, § 1, eff. Oct. 1, 2001; Acts 2002, c. 194, § 1, eff. Sept. 30, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 273, § 3, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 236, § 1, eff. Oct. 1, 2005; Acts 2005, c. 578, § 1, eff. Oct. 1, 2005; Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006; Acts 2009, c. 524, § 1, eff. Oct. 1, 2009; Acts 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2010, c. 176, § 1, eff. Oct. 1, 2010; Acts 2010, c. 177, § 1, eff. Oct. 1, 2010; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2011, c. 374, § 1, eff. June 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2012, c. 259, § 1, eff. June 1, 2012; Acts 2012, c. 260, § 1, eff. June 1, 2012; Acts 2017, c. 62, § 6; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2020, c. 45, § 1, eff. Oct. 1, 2020; Acts 2023, c. 796, § 1, eff. Oct. 1, 2023; Acts 2023, c. 797, § 1, eff. Oct. 1, 2023.
Formerly Art. 27, § 792.
MD Code, Criminal Procedure, § 11-701, MD CRIM PROC § 11-701
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.
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