|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
It is restated in standard language for clarity and consistency within this
article.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that it is unclear whether the reference to
conspiring to "murder" constitutes a substantive requirement for the use of
this statutory pleading for the crime of "conspiracy to murder", or is merely
an illustration of how to state a crime involving an intended victim when
using this form.
GENERAL REVISOR'S NOTE TO SUBTITLE
Former Art. 27, § 290, which limited the maximum punishment for attempt or
conspiracy to violate Title 5 of this article, "Controlled Dangerous Substances,
Prescriptions, and Other Substances", is deleted as included in the limitations on
attempt and conspiracy in §§ 1-201 and 1-202 of this subtitle, respectively.
SUBTITLE 3. ACCESSORY AFTER THE FACT.
1-301. ACCESSORY AFTER THE FACT.
UNLESS OTHERWISE PROVIDED BY LAW, A PERSON WHO IS CONVICTED OF
BEING AN ACCESSORY AFTER THE FACT TO A FELONY IS GUILTY OF A FELONY AND
ON CONVICTION IS SUBJECT TO THE LESSER OF:
(1) IMPRISONMENT NOT EXCEEDING 5 YEARS; OR
(2) A PENALTY NOT EXCEEDING THE MAXIMUM PENALTY PROVIDED BY
LAW FOR COMMITTING THE UNDERLYING FELONY.
REVISOR'S NOTE: This section formerly was Art. 27, § 2A.
In item (2) of this section, the reference to the "underlying felony" is
substituted for the former reference to the "crime" for clarity.
No other changes are made.
Defined term: "Person" § 1-101
SUBTITLE 4. MISCELLANEOUS PROVISIONS.
1-401. PROOF OF INTENT — FRAUD, THEFT, AND RELATED CRIMES.
IN A TRIAL FOR COUNTERFEITING, ISSUING, DISPOSING OF, PASSING,
ALTERING, STEALING, EMBEZZLING, OR DESTROYING ANY KIND OF INSTRUMENT, OR
OBTAINING PROPERTY BY FALSE PRETENSES, IT IS SUFFICIENT TO PROVE THAT THE
DEFENDANT DID THE ACT CHARGED WITH AN INTENT TO DEFRAUD WITHOUT
PROVING AN INTENT BY THE DEFENDANT TO DEFRAUD A PARTICULAR PERSON.
'REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 612.
The reference to "counterfeiting" is substituted for the former reference to
|
|
|
|
|
|
|
|
|
|
- 210 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
