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Ch. 26
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2002 LAWS OF MARYLAND
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The only changes are in style.
3-402. ROBBERY
(A) PROHIBITED.
A PERSON MAY NOT COMMIT OR ATTEMPT TO COMMIT ROBBERY.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 486(c) and (d).
Defined terms: "Person" § 1-101
"Robbery" § 3-401
3-103. ROBBERY WITH DANGEROUS WEAPON.
(A) PROHIBITED.
A PERSON MAY NOT COMMIT OR ATTEMPT TO COMMIT ROBBERY UNDER § 3-402
OF THIS SUBTITLE WITH A DANGEROUS WEAPON.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 20 YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 487.
In subsection (a) of this section, the former reference to a "deadly" weapon
is deleted as included in the reference to a "dangerous" weapon. Maryland
courts apply an objective test to characterize such a weapon: "to be deadly
or dangerous a weapon must be inherently of that character or must be
used or useable in a manner that gives it that character." Handy v. State,
357 Md. 685, 692 (2000), citing Brooks v. State, 314 Md. 585, 590 (1989).
Any weapon that is inherently deadly is also inherently dangerous.
Defined terms: "Person" § 1-101
"Robbery" § 3-401
3-104. CHARGING DOCUMENT.
(A) IN GENERAL.
AN INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING DOCUMENT
FOR ROBBERY IS SUFFICIENT IF IT SUBSTANTIALLY STATES: "(NAME OF DEFENDANT)
ON (DATE) IN (COUNTY) DID FELONIOUSLY ROB (NAME OF VICTIM) OF
(PROPERTY/SERVICE) (HAVING A VALUE OF $500 OR MORE) (WITH A DANGEROUS
WEAPON) IN VIOLATION OF (SECTION VIOLATED) AGAINST THE PEACE,
GOVERNMENT, AND DIGNITY OF THE STATE.".
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- 278 -
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