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Ch. 26
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PARRIS N. GLENDENING, Governor
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singular generally includes the plural.
Also in subsection (a)(1) of this section, the references to a "legal guardian"
are substituted for the former references to a "lawful guardian" for clarity.
In subsection (b)(1) and (2)(i) of this section, the former references to a
person being sentenced "in the penitentiary" and "to the penitentiary" are
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 (b)(1) of this section, the former reference to "the discretion of
the court" is deleted as implicit in setting maximum penalties.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the provisions of subsection (a)(2) of this
section, kidnapping a child under the age of 16 years (derived from former
Art. 27, § 338), significantly overlap the provisions of subsection (a)(1) of
this section, kidnapping a child under the age of 12 years (derived from
former Art. 27, § 2), and carry significantly greater penalties. The General
Assembly may wish to consider consolidating these provisions or revisiting
their respective penalties.
Defined terms: "Home or usual place of abode" § 3-501
"Person" § 1-101
SUBTITLE 6. ABUSE AND OTHER OFFENSIVE CONDUCT.
3-601. CHILD ABUSE.
(A) DEFINITIONS.
(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "ABUSE" MEANS:
(I) PHYSICAL INJURY SUSTAINED BY A MINOR AS A RESULT OF
CRUEL OR INHUMANE TREATMENT OR AS A RESULT OF A MALICIOUS ACT UNDER
CIRCUMSTANCES THAT INDICATE THAT THE MINOR'S HEALTH OR WELFARE IS
HARMED OR THREATENED BY THE TREATMENT OR ACT; OR
(II) SEXUAL ABUSE OF A MINOR, WHETHER PHYSICAL INJURIES
ARE SUSTAINED OR NOT.
(3) "FAMILY MEMBER" MEANS A RELATIVE OF A MINOR BY BLOOD,
ADOPTION, OR MARRIAGE.
(4) "HOUSEHOLD MEMBER" MEANS A PERSON WHO LIVES WITH OR IS A
REGULAR PRESENCE IN A HOME OF A MINOR AT THE TIME OF THE ALLEGED ABUSE.
(5) (I) "SEXUAL ABUSE" MEANS AN ACT THAT INVOLVES SEXUAL
MOLESTATION OR EXPLOITATION OF A MINOR
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- 283 -
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