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Ch. 26
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2002 LAWS OF MARYLAND
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In subsection (a)(5) of this section, the reference to "this article'' is
retained, although portions of former Article 27 have been revised in other
articles. Because the reference to "this article", in context, applies to the
substantive criminal law of the State, and this article comprises
substantially all of the substantive criminal provisions formerly contained
in Article 27, no substantive change results.
Also in subsection (a)(5) of this section, the former reference to the "terms"
of this article is deleted as included in the reference to the "provisions" of
this article.
In subsection (a)(6) of this section, the reference to the provisions "of this
section" is substituted for the former reference to the provisions
"hereinafter enacted" for clarity and accuracy. Correspondingly, the
reference to the results "described in this subsection" is substituted for the
former reference to the results "herein set forth".
In subsection (c) of this section, the defined term "person" is substituted for
the former references to an "individual" for consistency within this article.
Also in subsection (c) of this section, the former reference to assembling
with another "person or persons" is deleted as surplusage and for
consistency within this article.
In subsection (d)(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 (d)(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 (d)(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.
In the introductory language of subsection (e) of this section, the phrase
"[i]n addition to the penalty provided in subsection (d) of this section" is
substituted for the former phrase "[n]otwithstanding the penalties herein
provided" for clarity and accuracy.
Also in the introductory language of subsection (e) of this section, the
reference to a "circuit court" is substituted for the former reference to a
"court of general equity jurisdiction" to reflect the merger of law and equity
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- 312 -
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