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§ 6-301. Malicious destruction--Generally

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2013

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 6. Crimes Against Property
Subtitle 3. Malicious Destruction and Related Crimes
Effective: October 1, 2013
MD Code, Criminal Law, § 6-301
Formerly cited as MD CODE Art. 27, § 111
§ 6-301. Malicious destruction--Generally
Prohibited
(a) A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.
Penalty--Property damage of at least $1,000
(b) A person who, in violation of this section, causes damage of at least $1,000 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
Penalty--Property damage of less than $1,000
(c) A person who, in violation of this section, causes damage of less than $1,000 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
Penalty--Restitution for graffiti
(d)(1) For purposes of this subsection, an act of “graffiti” means a permanent drawing, permanent painting, or a permanent mark or inscription on the property of another without the permission of the owner of the property.
(2) In addition to the penalties set forth in subsections (b) and (c) of this section, the court shall order a person convicted of causing malicious destruction by an act of graffiti to pay restitution or perform community service or both.
(3) Title 11, Subtitle 6 of the Criminal Procedure Article applies to an order of restitution under this subsection.
Aggregation of damages
(e)(1) Except as provided in paragraph (2) of this subsection, to determine a penalty, the court may consider as one crime the aggregate value of damage to each property resulting from one scheme or continuing course of conduct.
(2) If separate acts resulting in damage to the properties of one or more owners are set forth by separate counts in one or more charging documents, the separate counts may not be merged for sentencing.
Value of damages
(f)(1) The value of damage is not a substantive element of a crime under this section and need not be stated in the charging document.
(2) The value of damage shall be based on the evidence and that value shall be applied for the purpose of imposing the penalties established in this section.
(3) If it cannot be determined from the evidence whether the value of the damage to the property is more or less than $1,000, the value is deemed to be less than $1,000.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2013, c. 415, § 1, eff. Oct. 1, 2013.
Formerly Art. 27, § 111.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 111.
In subsection (a) of this section, the former reference to “molest[ing]” property is deleted in light of the references to “injur[ing]” and “defac[ing]” the property.
In subsections (b) and (c) of this section, the former references to property “defaced, destroyed, injured, or molested” are deleted as included in the references to “caus[ing] damage” “in violation of this section”.
In subsection (d)(1) and (3) of this section, the references to this “subsection” are substituted for the former references to this “section”, for clarity and to correct a drafting error.
In subsection (d)(1) of this section, the former reference to “a violation of this section” is deleted as surplusage.
In subsections (d)(2) and (e)(1) of this section, the references to actions of “the court” are added for clarity.
In subsection (d)(3) of this section, the former limitation “[e]xcept as otherwise provided by this section” is deleted as surplusage.
In subsection (e)(1) of this section, the former references to “two or more acts in violation of this section”, “the same or several acts”, property “of one or several property owners”, and damage “to the various properties” are deleted as implicit in the comprehensive reference to the “aggregate value of damage to each property resulting from one scheme or continuing course of conduct”.
Defined term: “Person” § 1-101
HISTORICAL AND STATUTORY NOTES
2013 Legislation
Acts 2013, c. 415, § 1, in subsecs. (b), (c), and (f)(3), substituted “$1,000” for “$500”.
Derivation:
Former Art. 27, § 111, related to penalties, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 6-301, MD CRIM LAW § 6-301
Current through all legislation from the 2019 Regular Session of the General Assembly.
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