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2007 Laws of Maryland
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Ch. 496
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(1) PARTICIPATE IN A CRIMINAL GANG KNOWING THAT THE
MEMBERS OF THE GANG ENGAGE IN OR HAVE ENGAGED IN A AN ONGOING
PATTERN OF CRIMINAL GANG ACTIVITY; AND
(2) WILLFULLY PROMOTE, FURTHER, OR ASSIST IN A CRIMINAL
OFFENSE KNOWINGLY AND WILLFULLY DIRECT OR PARTICIPATE IN THE
COMMISSION OF AN UNDERLYING CRIME, OR ACT BY A JUVENILE THAT WOULD
BE AN UNDERLYING CRIME IF COMMITTED BY AN ADULT, COMMITTED FOR THE
BENEFIT OF, AT THE DIRECTION OF, OR IN ASSOCIATION WITH A CRIMINAL
GANG.
(B) A PERSON MAY NOT COMMIT A VIOLATION OF SUBSECTION (A) OF
THIS SECTION INVOLVING THE COMMISSION OF AN UNDERLYING CRIME THAT
RESULTS IN THE DEATH OF A VICTIM.
(B)(C) (l) (I) A EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)
OF THIS PARAGRAPH, A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
30 10 YEARS OR A FINE NOT EXCEEDING $100,000 OR BOTH.
(II) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS
SECTION IS GUILTY OF a FELONY AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 20 YEARS OR A FINE NOT EXCEEDING $100,000
OR BOTH.
(2) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE
FOR ANY CRIME BASED ON THE ACT ESTABLISHING A VIOLATION OF THIS
SECTION.
(C) (D) A PERSON MAY ONLY BE CHARGED with a VIOLATION OF THIS
SECTION ONLY BY INDICTMENT, CRIMINAL INFORMATION, OR PETITION
ALLEGING A DELINQUENT ACT.
(D) (E) (1) THE ATTORNEY GENERAL, WITH THE CONSENT AT THE
REQUEST OF THE STATE'S ATTORNEY FOR a COUNTY IN WHICH A VIOLATION OR
AN ACT ESTABLISHING a VIOLATION OF THIS SECTION OCCURS, MAY:
(I) AID IN THE INVESTIGATION OF THE VIOLATION OR ACT;
AND
(II) PROSECUTE THE VIOLATION OR ACT.
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- 3236 -
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