H.B. 346

VETOES

Arson and Burning

COMMITTEE NOTE: The Committee to Revise Article 27 - Crimes and
Punishments of the Annotated Code of Maryland has included Committee
Notes as a guide to the Committee's reasoning in revising this subheading.
These notes have not been adopted by the General Assembly, and may not be
considered as part of the law.

5.

(A)     IN THIS SUBHEADING THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)      "DWELLING" MEANS A STRUCTURE, REGARDLESS OF WHETHER AN
INDIVIDUAL IS ACTUALLY PRESENT. ANY PORTION OF WHICH HAS BEEN ADAPTED
FOR OVERNIGHT ACCOMMODATION OF INDIVIDUALS, INCLUDING ANY KITCHEN,
SHOP, BARN, STABLE, OR OUTHOUSE THAT IS PARCEL TO, BELONGING TO, OR
ADJOINING THE STRUCTURE.

(C)      "MALICIOUSLY" DESCRIBES AN ACT DONE WITH INTENT TO HARM A
PERSON OR PROPERTY.

(D)     "OCCUPIED STRUCTURE" MEANS A STRUCTURE, OTHER THAN A
DWELLING, IN OR ON WHICH AT THE TIME OF THE OFFENSE ANOTHER INDIVIDUAL
WHO IS NOT A PARTICIPANT IN THE OFFENSE IS PRESENT.

(E) "STRUCTURE" MEANS A BUILDING, OTHER CONSTRUCTION, VEHICLE, OR
WATERCRAFT, INCLUDING:

(1)      ANY BARN, STABLE, GARAGE, PIER, WHARF, BOATHOUSE, AND ANY
FACILITY ATTACHED TO A PIER OR WHARF;

(2)      ANY SHOP, STOREHOUSE, WAREHOUSE, FACTORY, MILL, CHURCH
HOUSE OF WORSHIP; MEETING HOUSE, COURTHOUSE, WORKHOUSE, SCHOOL, TENT,
PUBLIC BUILDING, OR PUBLIC BRIDGE; AND

(3)      ANY MOTOR VEHICLE, AIRCRAFT, BOAT, SHIP, AND RAILROAD CAR.

(F) "WILLFULLY" DESCRIBES AN ACT WHICH IS DONE INTENTIONALLY,
KNOWINGLY, AND PURPOSELY.

COMMITTEE NOTE: The definitions of "dwelling", "structure", and "occupied
structure" are based primarily on current law in Article 27, §§ 6 and 7.
"Dwelling" and "occupied structure" are defined as particular types of
structures and would be included under the general definition of "structure".
The definition of "structure" (and necessarily of "dwelling" and "occupied
structure") has been expanded to include certain vehicles and vessels where
the presence of individuals is likely and the potential for loss or injury to
human life from a fire is high. It is further not unusual for these vehicles and

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