Ch. 228                                     1993 LAWS OF MARYLAND

[10.

(a)     Any person who wilfully and maliciously attempts to set fire to or attempts to
burn or to aid, counsel or procure the burning of any of the buildings or property
mentioned in §§ 6 or 7 of this article, or who commits any act preliminary thereto, or in
furtherance thereof, is guilty of a felony and upon conviction is subject to imprisonment
not exceeding ten years.

(b)     Any person who wilfully and maliciously attempts to set fire to or attempts to
burn or to aid, counsel or procure the burning of any of the buildings or property
mentioned in §§ 8 or 9 of this article, or who commits any act preliminary thereto, or in
furtherance thereof, is guilty of a misdemeanor and upon conviction is subject to a fine
not exceeding $1000 or imprisonment not exceeding two years or both.

(c)     The placing or distributing of any flammable, explosive or combustible
material or substance, or any device in any building or property mentioned in the
foregoing sections in an arrangement or preparation with intent to eventually wilfully and
maliciously set fire to or burn same, or to procure the setting fire to or burning of same
shall, for the purpose of §§ 6 through 9 of this article constitute an attempt to burn such
building or property and shall carry the penalty prescribed in subsection (a) or (b),
whichever applies.]

COMMITTEE NOTE: The Committee recommended that subsections.(a) and (b)
of this section prohibiting attempts be repealed on the basis that the common
law on attempts adequately covers these offenses. As with the causing, aiding,
counseling, and procuring provisions stricken in earlier sections, the
Committee in the future intends to study including a general Code-wide
provision covering attempts.

The Committee recommended that the provision in subsection (c) defining an
attempted arson or malicious burning be retained. It is included in new §
9B(a) below.

9B.

(A)     PLACING OR DISTRIBUTING ANY FLAMMABLE, EXPLOSIVE, OR
COMBUSTIBLE MATERIAL OR SUBSTANCE OR DEVICE IN OR NEAR A STRUCTURE OR
PERSONAL PROPERTY IN PREPARATION FOR BURNING THAT STRUCTURE OR
PROPERTY SHALL BE CONSIDERED AN ATTEMPT TO BURN THAT STRUCTURE OR
PROPERTY.

(B)     IF A STRUCTURE IS DIVIDED INTO SEPARATELY OWNED OR LEASED
UNITS, EACH UNIT SHALL BE CONSIDERED A SEPARATE STRUCTURE FOR PURPOSES
OF A PROSECUTION UNDER THIS SUBHEADING.

COMMITTEE NOTE: Subsection (a) retains the current law (now in § 10 above)
defining an attempt for purposes of this subheading. The other changes are
stylistic.

Subsection (b) is intended to codify the holding of the Court of Appeals in
Richmond v. State, 326 Md. 257, 604 A.2d 483 (1992) concerning the unit of
prosecution.

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