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§ 9-302. Inducing false testimony or avoidance of subpoena

West's Annotated Code of MarylandCriminal LawEffective: June 1, 2018

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 9. Crimes Against Public Administration
Subtitle 3. Obstructing Justice
Effective: June 1, 2018
MD Code, Criminal Law, § 9-302
Formerly cited as MD CODE Art. 27, § 761
§ 9-302. Inducing false testimony or avoidance of subpoena
Currentness
Prohibited--In general
(a) A person may not harm another, threaten to harm another, or damage or destroy property with the intent to:
(1) influence a victim or witness to testify falsely or withhold testimony; or
(2) induce a victim or witness:
(i) to avoid the service of a subpoena or summons to testify;
(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or
(iii) not to report the existence of facts relating to a crime or delinquent act.
Prohibited--Solicitation
(b) A person may not solicit another person to harm another, threaten to harm another, or damage or destroy property with the intent to:
(1) influence a victim or witness to testify falsely or withhold testimony; or
(2) induce a victim or witness:
(i) to avoid the service of a subpoena or summons to testify;
(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or
(iii) not to report the existence of facts relating to a crime or delinquent act.
Penalty
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
(2) If the testimony, subpoena, official proceeding, or report involving the victim or witness relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
Sentencing
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 461, § 1, eff. Oct. 1, 2005; Acts 2018, c. 145, § 1, eff. June 1, 2018.
Formerly Art. 27, § 761.
MD Code, Criminal Law, § 9-302, MD CRIM LAW § 9-302
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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