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§ 3-601.1. Crimes of violence in presence of minor

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2014

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 6. Abuse and Other Offensive Conduct
Effective: October 1, 2014
MD Code, Criminal Law, § 3-601.1
§ 3-601.1. Crimes of violence in presence of minor
Currentness
In general
(a)(1) A person may not commit a crime of violence as defined in § 5-101 of the Public Safety Article when the person knows or reasonably should know that a minor who is at least 2 years old is present in a residence.
(2) For the purposes of paragraph (1) of this subsection, a minor is present if the minor is within sight or hearing of the crime of violence.
Imprisonment for violation of section
(b) A person who violates this section is subject to imprisonment not exceeding 5 years in addition to any other sentence imposed for the crime of violence.
Procedure for imposition of enhanced penalty
(c) A court may impose an enhanced penalty under subsection (b) of this section if:
(1) at least 30 days before trial in the circuit court, and 15 days before trial in the District Court, the State's Attorney notifies the defendant in writing of the State's intention to seek the enhanced penalty; and
(2) the elements of subsection (a)(1) of this section have been proven beyond a reasonable doubt.
Notice to defendant in indictment or criminal information
(d) If the defendant is charged by indictment or criminal information, the State may include the notice required under subsection (c)(1) of this section in the indictment or information.
Enhanced penalty separate from and consecutive to sentence
(e) An enhanced penalty imposed under this section shall be separate from and consecutive to a sentence for any crime based on the act establishing the violation of this section.

Credits

Added by Acts 2014, c. 115, § 1, eff. Oct. 1, 2014; Acts 2014, c. 116, § 1, eff. Oct. 1, 2014.
MD Code, Criminal Law, § 3-601.1, MD CRIM LAW § 3-601.1
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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