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Ch. 26
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PARRIS N. GLENDENING, Governor
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Defined term: "Person" § 1-101
2-206. ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE.
A PERSON WHO ATTEMPTS TO COMMIT MURDER IN THE SECOND DEGREE IS
GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 30 YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 411A(a).
Defined term: "Person" § 1-101
2-207. MANSLAUGHTER
(A) PENALTY.
A PERSON WHO COMMITS MANSLAUGHTER IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO:
(1) IMPRISONMENT NOT EXCEEDING 10 YEARS; OR
(2) IMPRISONMENT IN A LOCAL CORRECTIONAL FACILITY NOT
EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $500 OR BOTH.
(B) SPOUSAL ADULTERY NOT A MITIGATING FACTOR
THE DISCOVERY OF ONE'S SPOUSE ENGAGED IN SEXUAL INTERCOURSE WITH
ANOTHER DOES NOT CONSTITUTE LEGALLY ADEQUATE PROVOCATION FOR THE
PURPOSE OF MITIGATING A KILLING FROM THE CRIME OF MURDER TO VOLUNTARY
MANSLAUGHTER EVEN THOUGH THE KILLING WAS PROVOKED BY THAT DISCOVERY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 387 and 387A.
In subsection (a) of this section, the phrase "guilty of a felony" is added for
clarity and consistency with other penalty provisions throughout the
revised articles of the Code. Manslaughter of all types is a felony at
common law in Maryland. See, e.g., State v. Gibson, 4 Md. App. 236 (1968),
aff'd, 254 Md. 399 (1969); Forbes v. State, 324 Md. 335 (1991).
Also in subsection (a) of this section, the former phrase "in the discretion of
the court" is deleted as implicit in setting a maximum penalty.
In subsection (a)(1) of this section, the former reference to a person being
subject to imprisonment "in the penitentiary" is deleted for consistency
within this article. Currently, inmates are sentenced to the custody of a
unit such as the Division of Correction and then are placed in a particular
facility. See CS § 9-103.
In subsection (a)(2) of this section, the defined term "local correctional
facility" is substituted for the former term "jail" for consistency with the
Correctional Services Article.
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- 217 -
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