WILLIAM DONALD SCHAEFER, Governor

H.B. 346

Subsection (b) is new, creating the offense of burning any property with intent
to defraud. The provision in current law in § 9 of burning with intent to
defraud an insurer is being repealed in favor of this broader provision.
Subsection (b)(2) makes this offense a penitentiary misdemeanor. This was
done in order that there be no statute of limitations on this offense due to the
difficulty of proving and the sometimes lengthy time lapses in uncovering
fraud. Subsection (b)(3) expresses the intent that this offense may be
punished in addition to any underlying offense in order to avoid any merger,
double jeopardy, or rule of lenity issues. It is based on a similar provision
found in Article 27, § 35A.

[7A.] 9.

(a)     A person may not threaten either verbally or in writing to:

(1)     Set fire to [any building, structure, or property described under § 6 or §
7 of this subheading] OR BURN A STRUCTURE; or

(2)     Explode a destructive explosive device as defined under § 139B of this
article in, on, or under [any building, structure, or property described under § 6 or § 7 of
this subheading] A STRUCTURE.

(b)     A person who violates subsection (a) of this section is guilty of a misdemeanor,
and on conviction, is subject to a fine of not more than $10,000 or [to] imprisonment for
not more than 10 years or both.

[(c) In a prosecution for a violation of this section, a verbal threat shall be
corroborated by a third person.]

COMMITTEE NOTE: The changes in subsections (a) and (b) are stylistic. See
Committee Note for § 5 on the definition of "structure".

The Committee recommended that the corroboration requirement in
subsection (c) be stricken. Other verbal types of crimes (e.g., assault,
conspiracy, attempted bribery) do not require third party corroboration.
Further, other "threat offenses" in the Code, such as threats against public
officials in Article 27, § 561A, threatening verbally in Article 27, § 562, and the
other extortion offenses in the "Threats and Threatening Letters" subheading
of Article 27, do not require corroboration of this type. In the alternative, if
the legislature wishes to require corroboration of some type, the Committee
recommends that the subsection read: " A person may not be convicted under
this section solely on the uncorroborated testimony of the threatened person."

[9.

Any person who wilfully and with intent to injure or defraud the insurer sets fire to
or burns or causes to be burned or who aids, counsels or procures the burning of any
goods, wares, merchandise or other chattels or personal property of any kind, whether the
property of himself or of another, which shall at the time be insured by any person or
corporation against loss or damage by fire, shall upon conviction thereof be sentenced to
the penitentiary for not more than five (5) years.]

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