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§ 9-303. Retaliation for testimony

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, § 9-303
Formerly cited as MD CODE Art. 27, § 762
§ 9-303. Retaliation for testimony
Prohibited--In general
(a) A person may not intentionally harm another, threaten to harm another, or damage or destroy property with the intent of retaliating against:
(1) a victim or witness for:
(i) giving testimony in an official proceeding; or
(ii) reporting a crime or delinquent act;
(2) a juror for any reason relating to the performance of the juror's official duties in a pending or completed case in a court of the State or the United States; or
(3) an officer of the court of the State or the United States for any reason relating to the performance of the officer's official duties in a pending or completed case.
Prohibited--Solicitation
(b) A person may not solicit another person to intentionally harm another, threaten to harm another, or damage or destroy property with the intent of retaliating against:
(1) a victim or witness for:
(i) giving testimony in an official proceeding; or
(ii) reporting a crime or delinquent act;
(2) a juror for any reason relating to the performance of the juror's official duties in a pending or completed case in a court of the State or the United States; or
(3) an officer of the court of the State or the United States for any reason relating to the performance of the officer's official duties in a pending or completed case.
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 official proceeding or report described in subsection (a) of this section 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 2016, c. 532, § 1, eff. Oct. 1, 2016; Acts 2016, c. 533, § 1, eff. Oct. 1, 2016; Acts 2018, c. 145, § 1, eff. June 1, 2018.
Formerly Art. 27, § 762.
MD Code, Criminal Law, § 9-303, MD CRIM LAW § 9-303
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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