Home Table of Contents

§ 9-401. Definitions

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

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 9. Crimes Against Public Administration
Subtitle 4. Harboring, Escape, and Contraband
Part I. Harboring and Escape
Effective: October 1, 2023
MD Code, Criminal Law, § 9-401
Formerly cited as MD CODE Art. 27, § 136; MD CODE Art. 27, § 268E
§ 9-401. Definitions
Currentness
In general
(a) In this subtitle the following words have the meanings indicated.
Concealment
(b) “Concealment” means hiding, secreting, or keeping out of sight.
Escape
(c) “Escape” retains its judicially determined meaning.
Fugitive
(d) “Fugitive” means an individual for whom a felony arrest warrant has been issued and is outstanding.
Harbor
(e)(1) “Harbor” includes offering a fugitive or escaped incarcerated individual:
(i) concealment;
(ii) lodging;
(iii) care after concealment; or
(iv) obstruction of an effort of an authority to arrest the fugitive or escaped incarcerated individual.
(2) “Harbor” does not include failing to reveal the whereabouts of a fugitive or an escaped incarcerated individual by a person who did not participate in the effort of the fugitive or escaped incarcerated individual to elude arrest.
Hardware secure facility
(f) “Hardware secure facility” means a facility that is securely locked or fenced to prevent escape.
Place of confinement
(g)(1) “Place of confinement” means:
(i) a correctional facility;
(ii) a facility of the Maryland Department of Health; or
(iii) any other facility in which a person is confined under color of law.
(2) “Place of confinement” does not include:
(i) a detention center for juveniles;
(ii) a facility for juveniles listed in § 9-226(b) of the Human Services Article;
(iii) a place identified in a juvenile community detention order; or
(iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 406, § 1, eff. Oct. 1, 2002; Acts 2004, c. 358, § 1, eff. Oct. 1, 2004; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2010, c. 123, § 1, eff. Oct. 1, 2010; Acts 2017, c. 62, § 6; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 27, §§ 136, 268E.
MD Code, Criminal Law, § 9-401, MD CRIM LAW § 9-401
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document