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PARRIS N. GLENDENING, Governor
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Ch. 288
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This section establishes a new prohibition and penalty against the commission
or attempted commission of a robbery by causing or attempting to cause a serious
physical injury to another.
489.
(A) IN ANY INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING
DOCUMENT FOR ROBBERY IN §§ 486 THROUGH 488 AND 487 OF THIS SUBHEADING, IT
IS SUFFICIENT TO USE A FORMULA SUBSTANTIALLY TO THE FOLLOWING EFFECT:
"THAT A-B ON THE _ DAY OF ........., ....., IN THE COUNTY (CITY) AFORESAID,
FELONIOUSLY DID ROB C-D OF..............(PROPERTY/SERVICE) (HAVING A VALUE OF
$500 OR MORE) IN VIOLATION OF ARTICLE 27, SECTION (SECTION VIOLATED) (WITH A
DANGEROUS OR DEADLY WEAPON OR WHILE CAUSING OR ATTEMPTING TO CAUSE A
SERIOUS PHYSICAL INJURY, AS THE CASE MAY BE); CONTRARY TO THE FORM OF THE
ACT OF ASSEMBLY IN SUCH CASE MADE AND PROVIDED AND AGAINST THE PEACE,
GOVERNMENT, AND DIGNITY OF THE STATE."
(B) IF A CHARGING DOCUMENT ALLEGES THAT THE VALUE OF THE PROPERTY
OR SERVICE SUBJECT TO THIS SUBTITLE IS $500 OR MORE, THE JURY SHALL BE
INSTRUCTED BY THE COURT TO DETERMINE IF THE VALUE OF THE PROPERTY OR
SERVICE IS:
(1) LESS THAN $500; OR
(2) $500 OR MORE.
(C) UNLESS A CHARGING DOCUMENT ALLEGES THAT THE VALUE OF THE
PROPERTY OR SERVICE SUBJECT TO THIS SUBTITLE IS $500 OR MORE, A FELONY
VIOLATION OF § 342 OF THIS ARTICLE IS NOT A LESSER INCLUDED OFFENSE OF
ROBBERY.
COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): Subsection (a)
of this section revises and merges former Article 27, § 487 and § 489 of the Code into
one formula for an indictment, information, warrant, or charging document, and
includes the ability to list the value of the property or service that is the subject of the
robbery, for the purposes of charging felony theft under Article 27, § 342 of the Code.
Subsection (b) of this section requires a jury instruction for determining the
value of the property or service at less than $500, or $500 or more, for the purposes of
establishing misdemeanor or felony theft under Article 27, § 342 as a lesser included
offense for robbery in any degree.
562B.
Every person who obtains or attempts to obtain by extortion a sum of money,
real or personal property, or any thing of value of [$300] $500 or more from any
person is guilty of a felony, and upon being convicted thereof, shall be sentenced to
imprisonment for not more than ten years or fined not more than $5,000, or both. If
the sum of money, property, or thing of value is under [$300] $500, the person is guilty
of a misdemeanor and, upon being convicted thereof, shall be sentenced to not more
than 18 months and be fined not more than $500, or both. For the purposes of this
section, "extortion" means obtaining property from another, with his consent, induced
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- 1687 -
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