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Ch. 44
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2002 LAWS OF MARYLAND
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if it substantially states: "(name of defendant) on (date) in (county) assaulted (name of
victim) in the........degree or (describe other violation) in violation of (section violated)
against the peace, government, and dignity of the State.".
(b) If the general form of indictment or information described in subsection (a)
of this section is used to charge a crime described in § 3-202, § 3-203, [§ 3-204,] or
§ 3-205 of this subtitle in a case in the circuit court, the defendant, on timely demand,
is entitled to a bill of particulars.
(c) A charge of assault in the first degree also charges a defendant with
assault in the second degree.
(d) (1) To be found guilty of reckless endangerment under § 3-204 of this
subtitle, a defendant must be charged specifically with reckless endangerment.
(2) A CHARGING DOCUMENT FOR RECKLESS ENDANGERMENT UNDER §
3-204 OF THIS SUBTITLE IS SUFFICIENT IF IT SUBSTANTIALLY STATES: "(NAME OF
DEFENDANT) ON (DATE) IN (COUNTY) COMMITTED RECKLESS ENDANGERMENT IN
VIOLATION OF § 3-204 OF THE CRIMINAL LAW ARTICLE AGAINST THE PEACE,
GOVERNMENT, AND DIGNITY OF THE STATE.".
(3) If more than one individual is endangered by the conduct of the
defendant, a separate charge may be brought for each individual endangered.
[(3)] (4) A charging document containing a charge of reckless
endangerment under § 3-204 of this subtitle may:
(i) include a count for each individual endangered by the conduct of
the defendant; or
(ii) contain a single count based on the conduct of the defendant,
regardless of the number of individuals endangered by the conduct of the defendant.
(5) IF THE GENERAL FORM OF CHARGING DOCUMENT DESCRIBED IN
PARAGRAPH (2) OF THIS SUBSECTION IS USED TO CHARGE RECKLESS
ENDANGERMENT UNDER § 3-204 OF THIS SUBTITLE IN A CASE IN THE CIRCUIT
COURT, THE DEFENDANT, ON TIMELY DEMAND, IS ENTITLED TO A BILL OF
PARTICULARS.
3-212.
(a) An indictment, information, or other charging document for a crime
described in § 3-211 of this subtitle is sufficient if it substantially states:
(1) "(name of defendant) on (date) in (county), caused a life-threatening
injury to (name of victim) while under the influence of alcohol, in violation of [§
3-211(c)] § 3-211(C)(1)(I) of the Criminal Law Article against the peace, government,
and dignity of the State.";
(2) "(NAME OF DEFENDANT) ON (DATE) IN (COUNTY), CAUSED A
LIFE-THREATENING INJURY TO (NAME OF VICTIM) WHILE UNDER THE INFLUENCE
OF ALCOHOL PER SE, IN VIOLATION OF § 3-211(C)(1)(II) OF THE CRIMINAL LAW
ARTICLE AGAINST THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE.";
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- 1122 -
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