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PARRIS N. GLENDENING, Governor
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Ch. 26
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A PERSON MAY NOT INTENTIONALLY HARM ANOTHER OR DAMAGE OR DESTROY
PROPERTY WITH THE INTENT OF RETALIATING AGAINST A VICTIM OR WITNESS FOR:
(1) GIVING TESTIMONY IN AN OFFICIAL PROCEEDING; OR
(2) REPORTING A CRIME OR DELINQUENT ACT.
(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, § 762.
In the introductory language of subsection (a) this section, the former
reference to "injure [another]" is deleted as redundant in light of the
phrase "harm another".
Defined terms: "Official proceeding" § 9-301
"Person" § 1-101
"Victim" § 9-301
"Witness" § 9-301
9-304. COURT TO PREVENT INTIMIDATION OF VICTIM OR WITNESS.
(A) IN GENERAL.
A FINDING OF GOOD CAUSE UNDER THIS SECTION MAY BE BASED ON ANY
RELEVANT EVIDENCE INCLUDING CREDIBLE HEARSAY
(B) GOOD CAUSE.
(1) FOR GOOD CAUSE SHOWN, A COURT WITH JURISDICTION OVER A
CRIMINAL MATTER OR JUVENILE DELINQUENCY CASE MAY PASS AN ORDER THAT IS
REASONABLY NECESSARY TO STOP OR PREVENT:
(I) THE INTIMIDATION OF A VICTIM OR WITNESS; OR
(II) A VIOLATION OF THIS SUBTITLE.
(2) THE ORDER MAY:
(I) PROHIBIT A PERSON FROM VIOLATING THIS SUBTITLE;
(II) REQUIRE AN INDIVIDUAL TO MAINTAIN A CERTAIN PHYSICAL
DISTANCE FROM ANOTHER PERSON SPECIFIED BY THE COURT;
(III) PROHIBIT A PERSON FROM COMMUNICATING WITH ANOTHER
INDIVIDUAL SPECIFIED BY THE COURT, EXCEPT THROUGH AN ATTORNEY OR OTHER
INDIVIDUAL SPECIFIED BY THE COURT; AND
(IV) IMPOSE OTHER REASONABLE CONDITIONS TO ENSURE THE
SAFETY OF A VICTIM OR WITNESS.
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- 665 -
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