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Ch. 26
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2002 LAWS OF MARYLAND
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FOR MONEY OR ANY OTHER THING OR CONSIDERATION OF VALUE, A PERSON
MAY NOT PLAY:
(1) THE GAME CALLED "THIMBLES";
(2) THE GAME CALLED "LITTLE JOKER";
(3) DICE OR THE GAME COMMONLY CALLED "CRAP"; OR
(4) ANY OTHER GAMING DEVICE OR FRAUDULENT TRICK.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT LESS THAN 6 MONTHS AND
NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $100 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 245.
In the introductory language of subsection (a) of this section, the phrase "or
consideration of value" is added for consistency with § 12-102 of this
subtitle.
In subsection (a)(4) of this section, the term "gaming device" is substituted
for the former term "device" for consistency with § 12-101(d) of this
subtitle.
In subsection (b) of this section, the reference to 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 to be 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).
Also in subsection (b) of this section, the reference to a sentence to
"imprisonment" is substituted for the former reference to a sentence to
being "imprisoned ... in the Maryland House of Correction" for consistency
within this article. Currently, inmates are sentenced to the custody of a
unit such as the Division of Correction and then are placed in a particular
facility. See CS § 9-103.
Also in subsection (b) of this section, the former phrase "in the discretion of
the court" is deleted as implicit in the range of penalties set forth in that
subsection.
Defined terms: "Gaming device" § 12-101
"Person" § 1-101
12-104. GAMING DEVICE, OR BUILDING, VESSEL, OR PLACE FOR GAMBLING.
(A) PROHIBITED.
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- 788 -
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