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Ch. 26
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2002 LAWS OF MARYLAND
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REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 760(e).
Defined terms: "Person" § 1-101
"State" § 1-101
9-302. INDUCING FALSE TESTIMONY OR AVOIDANCE OF SUBPOENA.
(A) PROHIBITED.
A PERSON MAY NOT HARM ANOTHER, THREATEN TO HARM ANOTHER, OR
DAMAGE OR DESTROY PROPERTY WITH THE INTENT TO:
(1) INFLUENCE A VICTIM OR WITNESS TO TESTIFY FALSELY OR
WITHHOLD TESTIMONY; OR
(2) INDUCE A VICTIM OR WITNESS:
(I) TO AVOID THE SERVICE OF A SUBPOENA OR SUMMONS TO
TESTIFY; OR
(II) TO BE ABSENT FROM AN OFFICIAL PROCEEDING TO WHICH
THE VICTIM OR WITNESS HAS BEEN SUBPOENAED OR SUMMONED.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 761.
In subsection (a)(2)(i) and (ii) of this section, the references to
"subpoena[ing]" and "subpoenaed" are added for clarity. Under Rule
4-256(a) of the Maryland Rules, a subpoena is issued to require a witness
to testify in court.
In the introductory language of subsection (a) of this section, the former
reference to "injure [another]" is deleted as redundant in light of the
phrase "harm another".
The Criminal Law Article Review Committee notes, for consideration of
the General Assembly, that this section does not cover a person who
intimidates a potential witness, other than a victim, who has not yet been
subpoenaed or been issued a summons.
Defined terms: "Official proceeding" § 9-301
"Person" § 1-101
"Victim" § 9-301
"Witness" § 9-301
9-303. RETALIATION FOR TESTIMONY.
(A) PROHIBITED.
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- 664 -
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