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Ch. 26
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2002 LAWS OF MARYLAND
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A PERSON MAY NOT PROCURE ANOTHER TO COMMIT PERJURY AS PROHIBITED
BY § 9-101 OF THIS SUBTITLE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE MISDEMEANOR OF
SUBORNATION OF PERJURY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 10 YEARS.
(C) STATUTE OF LIMITATIONS AND IN BANC REVIEW.
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO § 5-106(B) OF THE
COURTS ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 438 and, as it related to the penalty for
subornation of perjury, § 439.
In subsection (b) of this section, the phrase "is subject to imprisonment" is
substituted for the former mandatory phrase "shall be sentenced" more
accurately to reflect the discretionary minimum range for imprisonment
for a violation.
Also in subsection (b) of this section, the reference to a person who violates
this section being guilty "of the misdemeanor" of subornation of perjury is
added to state expressly that which was only implied in the former law. At
common law, subornation of perjury was treated in the same manner as
perjury, a misdemeanor. See McGarvey v. McGarvey, 286 Md. 19, 28 (1979);
see also, Garitee v. Bond, 102 Md. 379, 384 (1905); Hourie v. State, 53 Md.
App. 62 (1982); Murray v. State, 27 Md. App. 404, 408 (1975) (dicta). Also,
in this State, any crime that was not considered a felony at common law
and has not been declared a felony by statute is considered a misdemeanor.
See State v. Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md. 342,
354 (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 "in the ...
penitentiary" for clarity and consistency within this article. See General
Revisor's Note to article.
Defined term: "Person" § 1-101
9-103. CHARGING DOCUMENT.
AN INDICTMENT, INFORMATION, OR WARRANT FOR PERJURY IS SUFFICIENT IF
IT SUBSTANTIALLY STATES: "(NAME OF DEFENDANT) ON (DATE) IN (COUNTY), ON
EXAMINATION AS A WITNESS, DULY SWORN TO TESTIFY IN (PROCEEDING) BY (COURT
OR OTHER PERSON ADMINISTERING OATH) WITH AUTHORITY TO ADMINISTER THE
OATH, UNLAWFULLY AND FALSELY SWORE (FACTS), THE MATTERS SO SWORN WERE
MATERIAL, AND THE TESTIMONY OF (NAME OF DEFENDANT) WAS WILLFULLY AND
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- 654 -
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