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PARRIS N. GLENDENING, Governor
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Ch. 26
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(II) LOSS OF THE FUNCTION OF ANY BODILY MEMBER OR ORGAN;
OR
(III) IMPAIRMENT OF THE FUNCTION OF ANY BODILY MEMBER OR
ORGAN.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 12(c).
3-202. ASSAULT IN THE FIRST DEGREE.
(A) PROHIBITED.
(1) A PERSON MAY NOT INTENTIONALLY CAUSE OR ATTEMPT TO CAUSE
SERIOUS PHYSICAL INJURY TO ANOTHER
(2) A PERSON MAY NOT COMMIT AN ASSAULT WITH A FIREARM,
INCLUDING:
(I) A HANDGUN, ANTIQUE FIREARM, RIFLE, SHOTGUN,
SHORT-BARRELED SHOTGUN, OR SHORT-BARRELED RIFLE, AS THOSE TERMS ARE
DEFINED IN § 4-201 OF THIS ARTICLE;
(II) AN ASSAULT PISTOL, AS DEFINED IN § 4-301 OF THIS ARTICLE,
(III) A MACHINE GUN, AS DEFINED IN § 4-401 OF THIS ARTICLE; AND
(IV) A REGULATED FIREARM, AS DEFINED IN ARTICLE 27, § 441 OF
THE CODE.
(B) PENALTY
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
ASSAULT IN THE FIRST DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 25 YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 12A-1.
In subsection (a)(2)(i) of this section, the Criminal Law Article Review
Committee notes, for the consideration of the General Assembly, that the
terms "short-barreled shotgun" and "short-barreled rifle", as defined in §
4-201 of this article, are included in the term "handgun" as defined in the
same section. It is unclear whether the terms "short-barreled shotgun"
and "short-barreled rifle" as used in this section are redundant of the term
"handgun", or differ in some way from those terms used in the definition of
"handgun".
Defined terms: "Assault" § 3-201
"Person" § 1-101
"Serious physical injury" § 3-201
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- 241 -
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