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2002 LAWS OF MARYLAND
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Ch. 26
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In subsection (a) of this section, the reference to "assembly" is deleted as
included in the comprehensive reference to "picketing". The Criminal Law
Article Review Committee brings this substitution to the attention of the
General Assembly.
In subsection (b) of this section, the former reference to an "organization"
is deleted as included in the reference to a "group".
In subsection (c)(1) of this section, the reference to a person who violates
this section being guilty "of a misdemeanor" is added to state expressly
that which was only implied in the former law. In this State, any crime
that was not a felony at common law and has not been declared a felony by
statute is considered to be a misdemeanor. See State v. Canova, 278 Md.
483, 490 (1976); Bowser v. State, 136 Md. 342, 345 (1920); Button v. State,
123 Md. 373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).
Also in subsection (c)(1) of this section, the reference to a person "on
conviction" being subject to a fine or imprisonment is added to state
expressly that which was only implied in the former law, and for
consistency with other penalty provisions in this subtitle and throughout
this article.
Also in subsection (c)(1) of this section, the phrase "is subject to" a fine or
imprisonment is substituted for the former phrase "shall be punished by" a
fine or imprisonment for consistency with other penalty provisions in this
subtitle and throughout this article.
Defined term: "Person" § 1-101
3-708. THREAT AGAINST STATE OR LOCAL OFFICIAL.
(A) DEFINITIONS.
(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "LOCAL OFFICIAL" MEANS AN INDIVIDUAL SERVING IN A PUBLICLY
ELECTED OFFICE OF A LOCAL GOVERNMENT UNIT, AS DEFINED IN § 10-101 OF THE
STATE GOVERNMENT ARTICLE.
(3) (I) "STATE OFFICIAL" HAS THE MEANING STATED IN § 15-102 OF
THE STATE GOVERNMENT ARTICLE.
(II) "STATE OFFICIAL" INCLUDES THE GOVERNOR,
GOVERNOR-ELECT, LIEUTENANT GOVERNOR, AND LIEUTENANT GOVERNOR-ELECT.
(4) "THREAT" INCLUDES:
(I) AN ORAL THREAT; OR
(II) A THREAT IN ANY WRITTEN FORM, WHETHER OR NOT THE
WRITING IS SIGNED, OR IF THE WRITING IS SIGNED, WHETHER OR NOT IT IS SIGNED
WITH A FICTITIOUS NAME OR ANY OTHER MARK.
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- 298 -
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