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§ 14-101. Mandatory sentences for crimes of violence

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 14. General Sentencing Provisions
Subtitle 1. Sentencing
Effective: October 1, 2023
MD Code, Criminal Law, § 14-101
Formerly cited as MD CODE Art. 27, § 643B
§ 14-101. Mandatory sentences for crimes of violence
Currentness
“Crime of violence” defined
(a) In this section, “crime of violence” means:
(1) abduction;
(2) arson in the first degree;
(3) kidnapping;
(4) manslaughter, except involuntary manslaughter;
(5) mayhem;
(6) maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Code;
(7) murder;
(8) rape;
(9) robbery under § 3-402 or § 3-403 of this article;
(10) carjacking;
(11) armed carjacking;
(12) sexual offense in the first degree;
(13) sexual offense in the second degree;
(14) use of a firearm in the commission of a felony except possession with intent to distribute a controlled dangerous substance under § 5-602(2) of this article, or other crime of violence;
(15) child abuse in the first degree under § 3-601 of this article;
(16) sexual abuse of a minor under § 3-602 of this article if:
(i) 1. the victim is under the age of 13 years and the offender is an adult at the time of the offense; or
2. the offender is at least 21 years old and the victim is under the age of 16 years; and
(ii) the offense involved:
1. vaginal intercourse, as defined in § 3-301 of this article;
2. a sexual act, as defined in § 3-301 of this article;
3. an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or
4. the intentional touching of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse;
(17) home invasion under § 6-202(b) of this article;
(18) a felony offense under Title 3, Subtitle 11 of this article;
(19) an attempt to commit any of the crimes described in items (1) through (18) of this subsection;
(20) continuing course of conduct with a child under § 3-315 of this article;
(21) assault in the first degree;
(22) assault with intent to murder;
(23) assault with intent to rape;
(24) assault with intent to rob;
(25) assault with intent to commit a sexual offense in the first degree; and
(26) assault with intent to commit a sexual offense in the second degree.
Fourth conviction of crime of violence
(b)(1) Except as provided in subsection (f) of this section, on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole.
(2) Notwithstanding any other law, the provisions of this subsection are mandatory.
Third conviction of crime of violence
(c)(1) Except as provided in subsection (f) of this section, on conviction for a third time of a crime of violence, a person shall be sentenced to imprisonment for the term allowed by law but not less than 25 years, if the person:
(i) has been convicted of a crime of violence on two prior separate occasions:
1. in which the second or succeeding crime is committed after there has been a charging document filed for the preceding occasion; and
2. for which the convictions do not arise from a single incident; and
(ii) has served at least one term of confinement in a correctional facility as a result of a conviction of a crime of violence.
(2) The court may not suspend all or part of the mandatory 25-year sentence required under this subsection.
(3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.
Second conviction of crime of violence
(d)(1)(i) Except as provided in paragraph (2) of this subsection, on conviction for a second time of a crime of violence committed on or after October 1, 1994, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person:
1. has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 1994; and
2. served a term of confinement in a correctional facility for that conviction.
(ii) The court may not suspend all or part of the mandatory 10-year sentence required under this paragraph.
(2)(i) On conviction for a second time of a crime of violence committed on or after October 1, 2018, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person:
1. has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 2018; and
2. served a term of confinement in a correctional facility for that conviction.
(ii) The court may not suspend all or part of the mandatory 10-year sentence required under this paragraph.
(iii) A person sentenced under this paragraph is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.
Compliance with Maryland Rules
(e) If the State intends to proceed against a person as a subsequent offender under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.
Eligibility for parole after age 60
(f)(1) This subsection does not apply to a person registered or eligible for registration under Title 11, Subtitle 7 of the Criminal Procedure Article.
(2) A person sentenced under this section may petition for and be granted parole if the person:
(i) is at least 60 years old; and
(ii) has served at least 15 years of the sentence imposed under this section.
(3) The Maryland Parole Commission shall adopt regulations to implement this subsection.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2006, c. 261, § 1, eff. Oct. 1, 2006; Acts 2007, c. 524, § 1, eff. Oct. 1, 2007; Acts 2007, c. 525, § 1, eff. Oct. 1, 2007; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2016, c. 567, § 1, eff. Oct. 1, 2016; Acts 2017, c. 628, § 1, eff. Oct. 1, 2017; Acts 2018, c. 143, § 1, eff. Oct. 1, 2018; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2023, c. 691, § 1, eff. Oct. 1, 2023; Acts 2023, c. 692, § 1, eff. Oct. 1, 2023.
MD Code, Criminal Law, § 14-101, MD CRIM LAW § 14-101
Current through legislation effective through April 25, 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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