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ROBERT L. EHRLICH, JR., Governor Ch. 461
WRONGDOING THAT WAS INTENDED TO AND DID RESULT IN THE UNAVAILABILITY
OF THE WITNESS, AS DEFINED IN MARYLAND RULE 5-804, WHO WAS THE DECLARANT
OF THE STATEMENT.
(B) THE COURT SHALL DETERMINE THE ADMISSIBILITY OF A STATEMENT
UNDER THIS SECTION IN THE MANNER PROVIDED IN THE MARYLAND RULES.
Article - Criminal Law
9-301.
(c) "Victim" means a person against whom a crime or delinquent act has been
committed or attempted.
(d) "Witness" means a person who:
(1) has knowledge of the existence of facts relating to a crime or
delinquent act;
(2) makes a declaration under oath that is received as evidence for any
purpose;
(3) has reported a crime or delinquent act to a law enforcement officer,
prosecutor, intake officer, correctional officer, or judicial officer; or
(4) has been served with a subpoena issued under the authority of a
court of this State, any other state, or the United States.
9-302.
(a) A person may not harm another, threaten to harm another, or damage or
destroy property with the intent to:
(1) influence a victim or witness to testify falsely or withhold testimony;
or
(2) induce a victim or witness:
(i) to avoid the service of a subpoena or summons to testify; [or]
(ii) to be absent from an official proceeding to which the victim or
witness has been subpoenaed or summoned; OR
(III) NOT TO REPORT THE EXISTENCE OF FACTS RELATING TO A
CRIME OR DELINQUENT ACT.
(B) A PERSON MAY NOT SOLICIT ANOTHER PERSON TO HARM ANOTHER,
THREATEN TO HARM ANOTHER, OR DAMAGE OR DESTROY PROPERTY WITH THE
INTENT TO:
(1) INFLUENCE A VICTIM OR WITNESS TO TESTIFY FALSELY OR
WITHHOLD TESTIMONY; OR
(2) INDUCE A VICTIM OR WITNESS:
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