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PARRIS N. GLENDENING, Governor
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Ch. 26
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REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 26, as it referred to intimidating or
corrupting a juror.
In subsection (a) of this section, the reference to "performance" of a duty is
substituted for the former reference to "discharge" of duty for consistency
within this article.
Also in subsection (a) of this section, the phrase "official duties" is
substituted for the former word "duty" for clarity.
In subsection (b) of this section, the former phrase "according to the nature
and aggravation of the offense" is deleted in light of the generally
applicable standards utilized by the courts to determine a convicted
person's sentence.
Also in subsection (b) of this section, the reference to a person who violates
this section being "guilty of a misdemeanor" is added to state expressly
that which was. only implied in the former law. In this State, any crime
that was not 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, 345 (1920); Dutton v. State, 123
Md. 373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).
For provisions on bribing a juror, see § 9-202 of this title.
Defined terms: "Person" § 1-101
"Witness" § 9-301
9-306. OBSTRUCTION OF JUSTICE.
(A) PROHIBITED.
A PERSON MAY NOT, BY THREAT, FORCE, OR CORRUPT MEANS, OBSTRUCT,
IMPEDE, OR TRY TO OBSTRUCT OR IMPEDE THE ADMINISTRATION OF JUSTICE IN A
COURT OF THE STATE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE
NOT EXCEEDING $10,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 26, as it related to obstructing justice.
In subsection (a) of this section, the former reference to "due"
administration is deleted as surplusage.
In subsection (b) of this section, the former phrase "according to the nature
and aggravation of the offense" is deleted in light of the generally
applicable standards utilized by the courts to determine a convicted
person's sentence.
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- 667 -
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