Home Table of Contents

§ 3-203. Assault in the second degree

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2015

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 2. Assault, Reckless Endangerment, and Related Crimes
Effective: October 1, 2015
MD Code, Criminal Law, § 3-203
Formerly cited as MD CODE Art. 27, § 12A
§ 3-203. Assault in the second degree
Prohibited
(a) A person may not commit an assault.
Penalty
(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
Law enforcement officers
(c)(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:
(i) a law enforcement officer engaged in the performance of the officer's official duties;
(ii) a parole or probation agent engaged in the performance of the agent's official duties; or
(iii) a firefighter, an emergency medical technician, a rescue squad member, or any other first responder engaged in providing emergency medical care or rescue services.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 283, § 1, eff. Oct. 1, 2005; Acts 2006, c. 305, § 1, eff. Oct. 1, 2006; Acts 2010, c. 264, § 1, eff. Oct. 1, 2010; Acts 2010, c. 265, § 1, eff. Oct. 1, 2010; Acts 2014, c. 113, § 1, eff. Oct. 1, 2014; Acts 2014, c. 114, § 1, eff. Oct. 1, 2014; Acts 2015, c. 410, § 1, eff. Oct. 1, 2015.
Formerly Art. 27, § 12A.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 12A.
Defined terms: “Assault” § 3-201
“Person” § 1-101
HISTORICAL AND STATUTORY NOTES
2005 Legislation
Acts 2005, c. 283, § 1, rewrote subsec. (b); and added subsec. (c), related to law enforcement officers. Prior to amendment, subsec. (b) read:
“(b) A person who violates this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.”
2006 Legislation
Acts 2006, c. 305, § 1, repealed and reenacted this section without amendment.
2010 Legislation
Acts 2010, c. 264, § 1, and Acts 2010, c. 265, § 1, rewrote subsec. (c)(2), which previously had read:
“[(c)](2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer's official duties.”
2014 Legislation
Acts 2014, c. 113, § 1, and Acts 2014, c. 114, § 1, rewrote the section, which previously had read:
“(a) A person may not commit an assault.
“(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
“(c)(1) In this subsection, ‘physical injury’ means any impairment of physical condition, excluding minor injuries.
“(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:
“(i) a law enforcement officer engaged in the performance of the officer's official duties; or
“(ii) a parole or probation agent engaged in the performance of the agent's official duties.
“(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.”
2015 Legislation
Acts 2015, c. 410, § 1, added subpara. (c)(2)(iii).
Derivation:
Former Art. 27, § 12A, related to second degree assault, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-203, MD CRIM LAW § 3-203
Current through all legislation from the 2019 Regular Session of the General Assembly.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.