Ch. 119

2004 LAWS OF MARYLAND

or another person under certain circumstances; authorizing the imposition of a
sentence separate from and consecutive to or concurrent with a sentence of
another crime under certain circumstances; providing for the unit of prosecution
under this Act; prohibiting certain defenses; establishing certain penalties;
defining a certain term; providing for the construction of this Act; and generally
relating to resisting arrest by and interfering with or fleeing from a police
officer.

BY adding to

Article - Criminal Law

Section 9-408

Annotated Code of Maryland

(2002 Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

9-108.

(A)     IN THIS SECTION, "POLICE OFFICER" MEANS AN INDIVIDUAL WHO IS
AUTHORIZED TO MAKE AN ARREST UNDER TITLE 2 OF THE CRIMINAL PROCEDURE
ARTICLE.

(B)     NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A PERSON
FROM REASONABLY PROTECTING THE PERSON FROM UNLAWFUL, UNREASONABLE,
AND EXCESSIVE FORCE USED AGAINST THE PERSON DURING AN ARREST OR
DETENTION OR ATTEMPTED ARREST OR DETENTION.

(C) (B) A PERSON MAY NOT INTENTIONALLY:

(1) RESIST A LAWFUL ARREST; OR

(1) (2) INTERFERE WITH AN INDIVIDUAL WHO THE PERSON HAS
REASON TO KNOW IS A POLICE OFFICER WHO IS MAKING OR ATTEMPTING TO MAKE
AN A LAWFUL ARREST OR DETENTION OF THE PERSON OR ANOTHER PERSON; OR.

(2) FLEE FROM AN INDIVIDUAL WHO THE PERSON HAS REASON TO
KNOW IS A POLICE OFFICER WHO IS MAKING OR ATTEMPTING TO MAKE AN ARREST
OR DETENTION OF THE PERSON.

(D) (C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A
FINE NOT EXCEEDING $5,000 OR BOTH.

(E) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED SEPARATE
FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY CRIME
NOT ENUMERATED IN THIS SECTION THAT IS BASED ON THE ACT ESTABLISHING THE
VIOLATION OF THIS SECTION.

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