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Ch. 26
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2002 LAWS OF MARYLAND
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Defined terms: "Break" § 6-201
"Dwelling" § 6-201
"Enter" § 6-201
"Person" § 1-101
6-205. BURGLARY IN THE FOURTH DEGREE.
(A) PROHIBITED — BREAKING AND ENTERING DWELLING.
A PERSON MAY NOT BREAK AND ENTER THE DWELLING OF ANOTHER
(B) SAME — BREAKING AND ENTERING STOREHOUSE.
A PERSON MAY NOT BREAK AND ENTER THE STOREHOUSE OF ANOTHER
(C) SAME — BEING IN OR ON DWELLING, STOREHOUSE, OR ENVIRONS.
A PERSON, WITH THE INTENT TO COMMIT THEFT, MAY NOT BE IN OR ON:
(1) THE DWELLING OR STOREHOUSE OF ANOTHER; OR
(2) A YARD, GARDEN, OR OTHER AREA BELONGING TO THE DWELLING
OR STOREHOUSE OF ANOTHER
(D) SAME — POSSESSION OF BURGLAR'S TOOL.
A PERSON MAY NOT POSSESS A BURGLAR'S TOOL WITH THE INTENT TO USE OR
ALLOW THE USE OF THE BURGLAR'S TOOL IN THE COMMISSION OF A VIOLATION OF
THIS SUBTITLE.
(E) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE MISDEMEANOR OF
BURGLARY IN THE FOURTH DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 3 YEARS.
(F) CONVICTION OF THEFT.
A PERSON WHO IS CONVICTED OF VIOLATING § 7-104 OF THIS ARTICLE MAY NOT
ALSO BE CONVICTED OF VIOLATING SUBSECTION (C) OF THIS SECTION BASED ON
THE ACT ESTABLISHING THE VIOLATION OF § 7-104 OF THIS ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 32.
In subsection (f) of this section, the former reference to "acts" is deleted in
light of Art. 1, § 8, which provides that the singular includes the plural.
Defined terms: "Break" § 6-201
"Burglar's tool" § 6-201
"Dwelling" § 6-201
"Enter" § 6-201
"Person" § 1-101
"Storehouse" § 6-201
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