Maryland Criminal Law Code Section 14-101

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Definitions (a)(1) In this section and in §§ 3-605 and 3-606 of this subheading, the following words have the meaning indicated. (a) This article shall not apply to ill-treatment involving sexual abuse by a vulnerable adult. (b) 1. No caregiver, parent or other person who has permanent or temporary custody or responsibility for the supervision of a vulnerable adult is prohibited. 2. A household member or family member must not cause abuse or neglect of a vulnerable adult. (c) A person who violates this section is guilty of abuse or neglect of a vulnerable adult in the second degree and, if convicted, is liable to imprisonment for a term not exceeding 5 years or to a fine of not more than $5,000, or both. (d) A sentence imposed under this section shall be in addition to any other penalty imposed for a conviction based on the same facts and circumstances, unless the evidence necessary to prove each offence is substantially identical. &nbsp (a) &nbsp In this article, „violent crime“ means: &nbsp &nbsp (2) &nbsp The Maryland Parole Board issues regulations to implement this paragraph.

&nbsp (c) &nbsp (1) &nbsp Subject to the provisions of paragraph (g) of this section, a person who has served three different sentences of imprisonment in a correctional institution out of three separate convictions for a violent crime shall be sentenced to life imprisonment without probation on a fourth conviction for a violent crime. &nbsp (b) &nbsp This Article does not apply if a person is sentenced to death. (a) (1) In this section and in sections 3-605 and 3-606 of this subheading, the following words have the meaning indicated. (2) (i) „abuse“ means the suffering or physical injury of a vulnerable adult as a result of cruel or inhuman treatment or malicious act in circumstances suggesting that the health or well-being of the vulnerable adult is endangered or threatened. (ii) „maltreatment“ includes the sexual abuse of a vulnerable adult. (iii) „Abuse“ does not include an accepted medical or behavioral procedure ordered by a health care provider licensed to practice as part of the health care provider`s practice under the health professions section or § 13-516 of the education section. (3) `caregiver` means a person who, under a contractual obligation, is required to care for a vulnerable adult; (4) `family member` means a parent of an adult who is vulnerable by blood, marriage, adoption or marriage of a child; 5. `household` means the place where: (i) the vulnerable adult lives; (ii) where it is alleged that a vulnerable adult has been abused or neglected; or (iii) if the person suspected of abusing or neglecting a vulnerable adult is a resident. (6) `member of the household` means a person who, at the time of the alleged abuse or neglect, lives with a vulnerable adult or regularly stays in accommodation; (7) (i) `neglect` means the failure to intentionally provide the assistance and resources necessary to meet the physical needs of a vulnerable adult, including: 1. food; 2. clothing; 3.

Go to the bathroom; 4. essential medical treatment; 5. shelter; or 6. Supervision. (ii) „negligence“ does not include the provision of non-medical remedies and treatments to heal injuries or illnesses that 1. are administered with the consent of the vulnerable adult; and 2. recognized by state law in lieu of medical treatment. 8.

`serious bodily harm` means bodily injury which: (i) presents a significant risk of death; (ii) caused seriously permanently or prolonged: 1. disfigurement; 2. loss of function of a body member or organ; or 3. Impairment of the function of a body member or organ. (9) (i) `sexual abuse` means an act involving the sexual harassment or exploitation of a vulnerable adult. (ii) The term „sexual abuse“ includes: 1. incest; 2. rape; 3. sexual offences to any degree; 4. Sodom; and 5.

unnatural or perverse sexual practices. 10. `vulnerable adult` means an adult who is unable to meet his or her daily needs. (b) (1) A caregiver, parent or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult shall not cause abuse or neglect of a vulnerable adult that (i) results in the death of the vulnerable adult; (ii) causes serious bodily harm to the vulnerable adult; or (iii) involves sexual abuse of the vulnerable adult. (2) A household member or family member shall not cause abuse or neglect of a vulnerable adult that (i) results in the death of the vulnerable adult; (ii) causes serious bodily harm to the vulnerable adult; or (iii) involves sexual abuse of the vulnerable adult. (c) Every person who contravenes this section is guilty of abuse or neglect of a vulnerable adult in the first degree and is liable to imprisonment for a term not exceeding 10 years or to a fine of not more than $10,000, or both, if convicted. (d) A sentence imposed under this section shall be in addition to any other penalty imposed for a conviction based on the same facts and circumstances, unless the evidence necessary to prove each offence is substantially identical. Definitions (a)(1) In this section, the following words have the meaning given to them.

(8) „Vulnerable adult“ has the meaning given in § 3-604 of this article. &nbsp &nbsp (3) &nbsp A person convicted under this paragraph shall be entitled to parole only in accordance with the provisions of article 4-305 of the Penitentiary Article. &nbsp &nbsp (15) &nbsp an attempt to commit any of the offences described in points (1) to (14) of this Subsection; &nbsp (g) &nbsp (1) &nbsp A person convicted under this section may apply for and be granted parole if the person: &nbsp &nbsp (2) &nbsp Notwithstanding any other law, the provisions of this paragraph are mandatory. &nbsp &nbsp (2) &nbsp The court may not suspend all or part of the sentence of 25 years provided for in this paragraph. &nbsp &nbsp &nbsp (ii) &nbsp has served at least 15 years of the sentence imposed under this section. § 14-101 Mandatory sentences for violent crimes. If the state intends to prosecute a person as a follow-up offender under this section, it must follow the procedures set forth in the Maryland Rules for the prosecution and trial of a subsequent offender. (a) (1) In this section, the following words have the meaning indicated. (2) „Deception“ has the meaning given in §§ 7-101 of this article. (3) The term „deprivation“ has the meaning given to it in § 7-101 of this article. (4) „Receive“ has the meaning given in § 7-101 of this article. (5) „Property“ has the meaning set forth in sections 7 to 101 of this section.

(6) (i) „undue influence“ means control and influence resulting in violence and coercion by another person to such an extent that a vulnerable adult or a person 68 years of age or older has been prevented from exercising his or her free judgment and choice. (ii) the term „undue influence“ does not include the normal influence exercised by one family member over another family member; (7) „Value“ has the meaning given to it in § 7-103 of this article. (8) „Vulnerable adult“ has the meaning given in § 3-604 of this article. (b) 1. No person shall knowingly and intentionally, by deception, intimidation or undue influence, acquire the property of a person whom the person knows or ought reasonably to know is a vulnerable adult, with the intention of depriving the vulnerable adult of the vulnerable adult`s property. 2. No person shall knowingly and intentionally, by deception, intimidation or undue influence, acquire the property of a person who the person knows or ought reasonably to know is at least 68 years of age, with the intention of depriving the person of his or her property. (c) (1) (i) A person convicted of an offence under this section if the value of the property is not less than $1,500 but less than $25,000 is guilty of a crime and: 1. is liable to imprisonment for a term of not more than 5 years or to a fine of not more than $10,000, or both; and 2. returns the private property or its value to the owner or, if the owner is deceased, returns the property or its value to the owner`s estate. (ii) A person convicted of a violation of this section if the value of the property is not less than $25,000 but less than $100,000 is guilty of a crime and: 1.

is liable to imprisonment for a term of not more than 10 years or to a fine of not more than $15,000, or both; and 2. returns the disadvantaged property or its value to the owner or, if the owner is deceased, returns the property or its value to the owner`s estate. (iii) A person convicted of violating this section if the value of the property is $100,000 or more is guilty of a felony and: 1. is liable to imprisonment for a term not exceeding 20 years or to a fine of not more than $25,000, or both; and 2. returns the private property or its value to the owner or, if the owner is deceased, returns the property or its value to the owner`s estate. (2) A person convicted of violating this section if the value of the property is less than $1,500 is guilty of an offence and: (i) shall be liable to imprisonment for a term not exceeding one year or to a fine of not more than $500, or both; and (ii) return the disadvantaged property or its value to the owner or, if the owner is deceased, return the property or its value to the owner`s estate.