Md. Code Ann., Crim. Law § 9-801
Definitions
Effective Oct 1, 2024Added by Acts 2005, c. 313, § 1, eff. Oct. 1, 2005. Amended by Acts 2007, c. 496, § 1, eff. Oct. 1, 2007; Acts 2009, c. 684, § 1, eff. Oct. 1, 2009; Acts 2010, c. 197, § 1, eff. Oct. 1, 2010; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2020, c. 422, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021; Acts 2024, c. 934, § 1, eff. Oct. 1, 2024.State of Maryland
- (a) In this subtitle the following words have the meanings indicated.
- (b) “Coerce” means to compel or attempt to compel another by threat of harm or other adverse consequences.
(c) “Criminal organization” means an enterprise whose members:
- (1) individually or collectively engage in a pattern of organized crime activity;
- (2) have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and
- (3) have in common an overt or covert organizational or command structure.
(d) “Enterprise” includes:
- (1) a sole proprietorship, partnership, corporation, business trust, or other legal entity; or
- (2) any group of individuals associated in fact although not a legal entity.
- (e) “Pattern of organized crime activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult, provided the crimes or acts were not part of the same incident.
- (f) “Solicit” has the meaning stated in § 11-301 of this article.
(g) “Underlying crime” means:
- (1) a crime of violence as defined under § 14-101 of this article;
- (2) a violation of § 3-203 (second degree assault), § 3-1102 (sex trafficking), § 3-1103 (forced marriage), § 4-203 (wearing, carrying, or transporting a handgun), § 4-204 (use of a firearm in the commission of a crime), § 7-113 (embezzlement by fiduciary), or § 7-315 (theft--telecommunications-related) of this article, § 9-102 (subornation of perjury), § 9-202(a) (bribery of juror), § 9-302 (inducing false testimony or avoidance of subpoena), § 9-303 (retaliation for testimony), § 9-305 (intimidating or corrupting juror), § 9-306 (obstruction of justice), § 9-307 (destruction of evidence), § 9-412 (contraband--in general), § 9-413 (contraband--for escape), § 9-416 (contraband--controlled dangerous substance), or § 9-417 (contraband--telecommunications-related) of this title, or § 11-304 (receiving earnings of prostitute), § 11-307 (house of prostitution), or § 12-104 (gaming offenses) of this article;
- (3) a felony violation of § 3-701 (extortion), § 4-503 (manufacture or possession of destructive device), § 5-602 (distribution of CDS), § 5-603 (manufacturing CDS or equipment), § 5-604(b) (creating or possessing a counterfeit substance), § 5-606 (false prescription), § 6-103 (second degree arson), § 6-202 (first degree burglary), § 6-203 (second degree burglary), § 6-204 (third degree burglary), § 7-104 (theft), or § 7-105 (unauthorized use of a motor vehicle) of this article;
- (4) a felony violation of § 5-133 of the Public Safety Article;
- (5) a felony violation of Title 8 of this article (fraud and related crimes);
- (6) bribery under Subtitle 2 of this title;
- (7) false statements under Subtitle 5 of this title;
- (8) impersonating a police officer under § 3-502 of the Public Safety Article;
- (9) threat of mass violence under Title 3, Subtitle 10 of this article;
- (10) a violation of § 11-207 or § 11-208 of this article (child pornography);
- (11) a felony violation of Title 27, Subtitle 4 of the Insurance Article (insurance fraud);
- (12) removal or falsification of vehicle identification number under § 14-107 of the Transportation Article;
- (13) abuse or neglect of a vulnerable adult under § 3-604 or § 3-605 of this article;
- (14) a crime under the laws of another state or of the United States that would be a crime listed in items (1) through (13) of this subsection if committed in this State; or
- (15) the attempted commission of, conspiracy to commit, or solicitation of a crime or act listed in items (1) through (14) of this subsection.
Added by Acts 2005, c. 313, § 1, eff. Oct. 1, 2005. Amended by Acts 2007, c. 496, § 1, eff. Oct. 1, 2007; Acts 2009, c. 684, § 1, eff. Oct. 1, 2009; Acts 2010, c. 197, § 1, eff. Oct. 1, 2010; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2020, c. 422, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021; Acts 2024, c. 934, § 1, eff. Oct. 1, 2024.