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Ch. 26
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2002 LAWS OF MARYLAND
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In subsection (a) of this section, the reference to a writ "of administration"
is added for clarity.
Also in subsection (a) of this section, the reference to a "part of any of those
documents" is substituted for the former reference to a "parcel of the same"
for clarity and accuracy.
Also in subsection (a) of this section, the former reference to a "testament"
is deleted as included in the reference to a "will".
Also in subsection (a) of this section, the former reference to conviction of a
person violating this section "within this State" is deleted as surplusage.
Also in subsection (a) of this section, the former reference to an estate or
right of a person being "in any way" altered is deleted as surplusage.
In subsection (b) of this section, the reference to being "guilty of a
misdemeanor" is added to state expressly that which only was implied in
the former law by the reference to a "convict[ion]". 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 u. Canova, 278 Md.
483, 490 (1976), Bowser v. State, 136 Md. 342, 345 (1920), Dutton v. State,
123 Md. 373, 378 (1914), and Williams v. State, 4 Md. App. 342, 347 (1968).
In subsection (c) of this section, the reference to a violation being "subject
to § 5-106(b) of the Courts Article" is substituted for the former reference
to the violation subjecting the defendant to imprisonment "to the
penitentiary" for clarity and consistency within this article. See General
Revisor's Note to article.
Defined term: "Person" § 1-101
8-702. DESTROYING WILL.
(A) PROHIBITED.
UNLESS THE MAKER OF A WILL GIVES INSTRUCTION TO THE PERSON KEEPING
THE WILL FOR SAFE CUSTODY, A PERSON WHO RECEIVES A WILL FOR SAFE CUSTODY
MAY NOT:
(1) DESTROY THE WILL; OR
(2) AFTER THE PERSON LEARNS OF THE DEATH OF THE MAKER,
WILLFULLY HIDE THE WILL FOR A PERIOD OF 6 MONTHS.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT LESS THAN 18 MONTHS
AND NOT EXCEEDING 15 YEARS.
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(C) STATUTE OF LIMITATIONS AND IN BANC REVIEW.
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- 648 -
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