1762

LAWS OF MARYLAND

Ch. 153

Article 27 - Crimes and Punishments

Section 268H

Annotated Code of Maryland

(1982 Replacement Volume and 1984 Supplement)

BY adding to

Article - Education

Section 26-104
Annotated Code of Maryland
(1978 Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

268H.

(A)  IN THIS SECTION "HAZE" MEANS DOING ANY ACT OR CAUSING
ANY SITUATION WHICH RECKLESSLY OR INTENTIONALLY ENDANGERS THE
MENTAL OR PHYSICAL HEALTH OR SAFETY OF A STUDENT SUBJECTS A
STUDENT TO THE RISK OF SERIOUS BODILY INJURY FOR THE PURPOSE OF
INITIATION OR ADMISSION INTO ANY STUDENT ORGANIZATION THAT
OPERATES UNDER THE SANCTION OF A SCHOOL, COLLEGE, OR UNIVERSITY.
OF INITIATION INTO A STUDENT ORGANIZATION OF A SCHOOL, COLLEGE,
OR UNIVERSITY.

(B)  A PERSON MAY NOT HAZE OR OTHERWISE MISTREAT WHO HAZES A
STUDENT SO AS TO CAUSE SERIOUS BODILY INJURY TO ANY THE STUDENT
AT ANY SCHOOL, COLLEGE, OR UNIVERSITY IS GUILTY OF A MISDEMEANOR
AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $500,
OR IMPRISONMENT FOR NOT MORE THAN 6 MONTHS, OR BOTH.

(C)  THE IMPLIED OR EXPRESSED CONSENT OF A STUDENT TO HAZING
OR OTHER MISTREATMENT MAY NOT BE A DEFENSE UNDER THIS SECTION.

(C) (D) (1) ANY PERSON WHO VIOLATES THIS SECTION IS GUILTY
OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT
MORE THAN $500, OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR 6
MONTHS, OR BOTH.

(2) IF THE ACT CAUSING THE INJURY IN VIOLATION OF
THIS SECTION CONSTITUTES A FELONY, THE PUNISHMENT SHALL BE
IMPOSED AS IS OTHERWISE PROVIDED BY LAW FOR THE PUNISHMENT OF
SUCH A FELONY.

(D) (E) ANY PERSON WHO RECEIVES BODILY INJURY BY HAZING OR
MISTREATMENT HAS A RIGHT TO SUE, CIVILLY, THE PERSON OR PERSONS
CAUSING THE INJURY.

(E) THE PRESIDENT, OR OTHER PRESIDING OFFICIAL OF ANY
SCHOOL, COLLEGE, OR UNIVERSITY RECEIVING APPROPRIATES FROM THE
STATE, SHALL: