WILLIAM DONALD SCHAEFER, Governor                           Ch. 712

BURGLARY AND RELATED OFFENCES
28.

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

(B)     "BURGLAR'S TOOLS" MEANS:

(1)      A PICKLOCK, KEY, CROWBAR, PRYBAR, JACK, OR BIT;

(2)      NITROGLYCERINE. DYNAMITE, GUNPOWDER, OR OTHER EXPLOSIVE
MATERIAL;

(3)      AN ACETYLENE TORCH, ELECTRIC ARC, BURNING BAR, THERMAL
LANCE, OXYGEN LANCE, OR SIMILAR DEVICE CAPABLE OF BURNING THROUGH
METAL, CONCRETE, OR OTHER SOLID MATERIAL; OR

(4)      ANY OTHER TOOL, INSTRUMENT, OR DEVICE THAT HAS BEEN
ADAPTED, DESIGNED, OR USED FOR COMMITTING OR FACILITATING THE
COMMISSION OF A BURGLARY OFFENSE.

(C)     "CRIME OF VIOLENCE" HAS THE MEANING STATED IN § 643B OF THIS
ARTICLE.

(D)     "BREAK", "ENTER", AND "DWELLING" RETAIN THEIR JUDICIALLY
DETERMINED MEANINGS EXCEPT TO THE EXTENT THAT SUCH MEANINGS ARE
EXPRESSLY OR BY IMPLICATION CHANGED IN THIS SUBHEADING.

(E)      "STOREHOUSE'⁷ RETAINS ITS JUDICIALLY DETERMINED MEANING AND
ALSO MEANS ANY BUILDING, OTHER CONSTRUCTION, OR WATERCRAFT,
INCLUDING:

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

(2)      ANY SHOP, STOREROOM, WAREHOUSE, FACTORY, MILL, HOUSE OF
WORSHIP, MEETINGHOUSE, COURTHOUSE, WORKHOUSE, SCHOOL, OR PUBLIC
BUILDING; AND

(3)      ANY TRAILER, AIRCRAFT, BOAT, SHIP, OR RAILROAD CAR.

COMMITTEE NOTE:

The meaning of the terms "break", "enter", and "dwelling" have been extensively
developed at common law and in Maryland case law. Therefore, the Committee believes
that these terms should retain their judicially determined meanings. More specifically, the
Committee believes that the terms "dwelling", "break", and "enter" should retain the
meanings that have been ascribed to these words by judges in cases interpreting the
elements of the common law crime of burglary.

The meaning of the term "storehouse" has been developed less fully by judicial
interpretation than the meaning of the terms "break", "enter", and "dwelling". Therefore,
the Committee believes that the term "storehouse" should retain the meaning that has

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