Criminal Law Digest Flashcards
(156 cards)
1
Q
What is the title of the document?
A
Digest of Criminal Laws (October 1, 2024).
2
Q
Who distributes the Digest of Criminal Laws?
A
Maryland Police and Correctional Training Commissions.
3
Q
What is the address of the Maryland Police and Correctional Training Commissions?
A
6852 4th Street, Sykesville, Maryland 21784.
4
Q
What is the purpose of the Digest of Criminal Laws?
A
To provide police officers with a small, convenient version of Maryland law for on-duty reference.
5
Q
What are the main categories covered in the Digest of Criminal Laws?
A
General police powers, criminal responsibility, alphabetical listing of criminal laws, and legal procedures.
6
Q
What is the distinction between felony and misdemeanor arrests?
A
Felonies are more serious crimes that allow warrantless arrests; misdemeanors generally require a warrant.
7
Q
What are the four elements of a legal arrest?
A
- Intent to arrest, 2. Real or pretended authority, 3. Seizure or detention of the person, 4. Understanding by the person arrested.
8
Q
What is the authority of police officers under Maryland law?
A
They can make arrests, conduct investigations, and enforce laws throughout the state.
9
Q
When can a police officer arrest without a warrant?
A
If a crime is committed in their presence, if they have probable cause for a felony, or in cases of domestic abuse, stalking, or protective order violations.
10
Q
What is charging by citation?
A
A police officer may issue a written charging document for certain minor offenses instead of making an arrest.
11
Q
What is the Maryland Use of Force Statute?
A
A law requiring officers to use force only when necessary and proportional, cease force when no longer needed, and document all use-of-force incidents.
12
Q
What is the penalty for resisting arrest in Maryland?
A
Up to 3 years in prison or a fine of up to $5,000, or both.
13
Q
What is the penalty for removing a firearm from a law enforcement officer?
A
It is a felony punishable by up to 10 years in prison and/or a fine of up to $10,000.
14
Q
What are the penalties for domestic violence offenses?
A
Penalties vary but can include fines, protective orders, and imprisonment.
15
Q
What constitutes burglary under Maryland law?
A
Unlawful entry into a building with the intent to commit a crime.
16
Q
What is an accessory before the fact?
A
A person who aids, abets, or encourages the commission of a crime but is not present during the crime.
17
Q
What is an accessory after the fact?
A
A person who assists the perpetrator after the crime has been committed to help avoid detection or prosecution.
18
Q
What is conspiracy?
A
An agreement between two or more people to commit a criminal act.
19
Q
What is the punishment for larceny in Maryland?
A
Penalties depend on the value of stolen goods; theft under $1,500 is a misdemeanor, while theft over $1,500 is a felony.
20
Q
What is Maryland’s law on cannabis possession?
A
Possession of small amounts is decriminalized, but large-scale distribution is still illegal.
21
Q
What is the punishment for identity theft in Maryland?
A
Fines and imprisonment depending on the severity of the crime.
22
Q
What is the penalty for arson in Maryland?
A
It is a felony with severe penalties, including long-term imprisonment.
23
Q
What is sextortion?
A
A crime where someone blackmails a victim using explicit content to gain sexual favors or money.
24
Q
What does Maryland law say about revenge porn?
A
It is a criminal offense to distribute explicit images of someone without their consent.
25
What is the penalty for child abuse in Maryland?
Severe penalties, including long-term imprisonment and loss of parental rights.
26
What is the legal definition of embezzlement?
The fraudulent appropriation of funds or property entrusted to one’s care.
27
What is the punishment for obstructing justice?
Includes imprisonment, fines, and additional penalties depending on the case.
28
What constitutes a criminal conspiracy?
An agreement between two or more people to commit a crime.
29
What is the punishment for committing perjury in court?
A felony with up to 10 years in prison.
30
What is considered first-degree murder in Maryland?
A premeditated and intentional killing of another person.
31
What is the penalty for violating a restraining order?
Possible jail time, fines, and additional legal restrictions.
32
What does Maryland law state about false imprisonment?
Illegally detaining someone against their will is a criminal offense.
33
What is the punishment for cyberstalking in Maryland?
Fines and imprisonment, depending on the severity of harassment.
34
What is aggravated assault?
An assault that causes serious bodily harm or involves a deadly weapon.
35
What is the punishment for kidnapping in Maryland?
Felony charges, possible life imprisonment depending on the circumstances.
36
What is the maximum penalty for auto theft?
Up to 15 years in prison and/or fines.
37
What does Maryland law say about credit card fraud?
It is a felony punishable by fines and potential imprisonment.
38
What is the punishment for hit-and-run accidents?
Varies based on injuries and damages; can include imprisonment and fines.
39
What is the punishment for violating parole conditions?
Possible re-incarceration and additional penalties.
40
What is the punishment for looting during a state of emergency?
Severe penalties, including long-term imprisonment.
41
What is the punishment for solicitation of prostitution in Maryland?
Fines and potential jail time, depending on the circumstances.
42
What is the penalty for violating probation?
Increased supervision, fines, and possible imprisonment.
43
What is the punishment for aiding and abetting a crime?
Punishable by the same penalties as the principal offender.
44
What is a grand jury?
A group of citizens who determine whether enough evidence exists to charge someone with a crime.
45
What is the punishment for price gouging during emergencies?
Heavy fines and potential criminal charges for excessive price increases.
46
What are the penalties for vandalism in Maryland?
Fines, community service, and possible imprisonment, depending on the extent of the damage.
47
What is the punishment for forging documents?
It is a felony, punishable by imprisonment and significant fines.
48
What is the penalty for misusing emergency services?
Fines, possible jail time, and potential liability for associated costs.
49
What is the punishment for engaging in a riot?
Fines and imprisonment, depending on damages and violence involved.
50
What is the definition of extortion?
The use of threats, force, or coercion to obtain money, property, or services unlawfully.
51
What is the punishment for wire fraud?
It is a federal crime, punishable by heavy fines and long-term imprisonment.
52
What is considered disorderly conduct?
Disruptive behavior in public that disturbs the peace.
53
What is the penalty for illegal possession of prescription drugs?
Fines, potential jail time, and felony charges for large quantities.
54
What is a bench warrant?
A court order for the immediate arrest of an individual who fails to appear in court.
55
What is the penalty for impersonating a government official?
It is a felony, punishable by fines and possible imprisonment.
56
What is the punishment for violating quarantine orders?
Fines and possible jail time, depending on the public health risk involved.
57
What are the penalties for obstruction of a police investigation?
Fines, imprisonment, and potential additional charges for interfering with law enforcement.
58
What is the punishment for human smuggling?
Severe penalties, including long-term imprisonment and heavy fines.
59
What is the penalty for possessing unregistered firearms?
Fines, potential imprisonment, and confiscation of the firearm.
60
What is the punishment for money laundering?
Felony charges, severe fines, and long-term imprisonment.
61
Exemptions from arrest?
Friendly foreign Sovereigns and their attendants, their Ambassadors
and other diplomatic agents, public ministers and their attendants,
household, and retinue are exempt from arrest, entry of their houses, or
subjection to the process of law of the country visited.
62
Warrantless arrest?
May not be apprehended
May cause physical injury or damage
may tamper or dispose of evidence
manslaughter by vehicle
malicious burning
malicious mischief
theft less than $1000
false alarm of fire
indecent exposure
CDS
handgun/concealed
prostitution
violation of pre/posttrial release
63
Warrantless arrest domestic requires report within how long?
48 hours
64
T/F Warrantless arrest for stalking?
True
65
Service of a warrant a defendant must be taken before a judicial officer when?
District - 24 hours
Circuit - No later than the next court session
66
Warrants are not open to public inspection until either warrant is served and returned, or __ days have passed since issued
90 days
67
District Court destroys arrests warrants that are more than ___ years old, delivered to law enforcement but not served.
3 years
68
Use of Force is making an arrest case law
Graham v Connor
69
Removing firearm from a law enforcement officer is a misdemeanor or felony
FELONY 10 years/$10,000
70
Who do you notify if detaining a foreign national?
Countries consular office
71
Authority of officers of other states to arrest in Maryland - fresh pursuit
believed to have committed a felony
72
If an officer orders a driver to assist in enforcing the law or making an arrest, the officer's employer (government) is liable for damages caused. T/F
True
73
T/F Warrantless entry- 4th amendment to US Constitution requires police entering dwelling to knock and announce
True
Exceptions: threat of physical violence,
evidence being destroyed (Wilson v arkansas),
dangerous or futile (richards v wisonsin)
74
Entry with a warrant case law (no knock)
State v Lee
75
Consent to search case law
State v Miller
76
Physically present co-occupant refusal to consent search case law
georgia v rudoplh
77
A search warrant must be served within __ days of issuance.
10 days
78
T/F Public school searches - school staff i.e. principle conduct a reasonable search of a student.
yes, including lockers
79
T/F The right of the school officials to search the locker shall be announced or published previously in the school
true
80
Conspiracy is once how many people or more plan or understanding to commit an unlawful act
2 or more
81
Accessory after the fact of murder first degree
Accessory after the fact of murder second degree
1st - Felony 10 years
2nd - Felony 10 years
82
Havig acquired lawful possession of child, detain the child within the state for more than ___ hours after the lawful custodian demand that child be returned
48 hours
83
Abuse or neglect of vulnerable adults
1st degree
2nd degree
84
Firearms or explosives aboard aircraft. Felony or misdemeanor?
Felony - 10 years
85
Exception to under 21 consume alcohol
consumed in private residence with immediate family
religion
86
F/M
Abuse or neglect of a animal
Misdemeanor - 90day or $1,00 or both
87
F/M Animal Cruelty
Felony - 3 years/15,000/both
88
Arson First Degree
Maliciously set fire to dwelling
Felony 30 years/$50,000
89
Arson Second Dgree
Set fire to structure
Felony 20 years/$30,000
90
Malicious Burning personal property first degree
$1,000 or More
Felony - 5 years/$5,000
91
Malicious burning of personal property second degree
Less than $1,000
Misdemeanor 18 months/$500
92
Assault First Degree (Strangulation)
Serious physical injury
Commit assault with firearm (including antique)
Felony 25 years
93
Assault Second Degree
May not commit assault
Misdemeanor 10 years/ $25,000
94
Burglary First Degree (Home Invasion)
B&E Dwelling w/ intent to commit theft/ crime of violence
Felony 20 years
95
Burglary Second Degree
B&E storehouse with intent to commit theft/ crime of violence/ arson/ steal,take,cary firearm
Felony
96
Burglary Third Degree
B&E dwelling w/ intent to commit a crime
felony 10 years
97
Burglary fourth degree
B&E dwlling of anohter, storehouse, w intent to theft may not be in or on:
(1) the dwelling or storehouse of another; or
(2) a yard, garden, or other area belonging to the dwelling or
storehouse of another.
(d) A person may not possess a burglar’s tool with the intent to use
or allow the use of the burglar’s tool in the commission
98
Breaking and entering motor vehicle - rogue and vagabond
misdemeanor3 years
99
Age to leave child unattended?
8 years old
100
Age to watch someone under the age of 8
13 years old
101
Child gains access to a firearm
CR 4-104 misdemeanor $1,000 - does not include antique firearm
102
F/M Child porn
Felony 10 years/$25,000
103
Person in care or custody of child under 13 must report within ___ hours of child missing
24 hours
104
Missing child law enforcement duties
under 17 y/o
if not located within 24 hours, state police shall enter investigation
105
Death of child must be reported within __ hours
5
106
F/M Distribute Opiod causing death
Felony - 30 years
107
F/M Distribution Fake CDS
Felony 5 years /$15,000
108
F/M Possessing a Firearm during drug trafficking
double minimum mandatory sentence if firearm is used
109
distance around school considered school zone
1000 FEET
110
Volume Dealer
Marijuana - 50 lbs
Cocaine - 448
Crack- 448
Morphine/Opium - 28 grams
Fentanyl - 5 grams
LSD - 1,000 doses
PCP -16 ounces
Meth - 448 grams
111
Drug Kingpin
organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the state a
controlled dangerous substance.
(b)(1) A drug kingpin who conspires to manufacture, distribute, dispense, tranport in, or bring into the state
Feony 20 years not exceeding 40 years/ 1,000,000
112
Import CDS
45 kilograms or more of cannabis;
(ii) 28 grams or more of cocaine;
(iii) any mixture containing 28 grams or more of cocaine;
(iv) 4 grams or more of morphine or opium or any derivative, salt,
isomer, or salt of an isomer of morphine or opium;
(v) 1,000 dosage units of lysergic acid diethylamide;
(vi) any mixture containing the equivalent of 1,000 dosage units of
lysergic acid diethylamide;
(vii) 28 grams or more of phencyclidine in liquid or powder form;
(viii) 112 grams or more of any mixture containing phencyclidine;
(ix) 1,000 dosage units or more of methaqualone;
(x) 28 grams or more of methamphetamine;
(xi) any mixture containing 28 grams or more of methamphetamine;
(xii) 4 grams or more of fentanyl or a fentanyl analogue
113
escape first degree
escape confinement and commit assault duringescape
114
escape second degree
depart lawful custody, fail to report to place of confinement, home detention
misdemeanor 3 years/$5,000
115
F/M Harboring fugitive/escaped inmate
Misdemeanor 1 year $1,000
116
F/M false imprisonment of correctional emplyee
felony 30 years
117
contrband
General - misd.
escape - felony
weapon- felony
alcohol-misd
CDS -Misd
118
F/M Possessing or issuing counterfeit US currency
Felony 10 years $10,000
119
Disorderly Conduct
-Public conveyance- public or portion of public has access to and right to use for transportation
-Airplane, vessel, bus, railway, car, school bus, subway car
-can not obstruct or hinder free passage
- can not act disorderly
-misdemeanor 60 days $500
120
F/M Causing another to ingest bodily fluids
Misdemeanor 10 years $2,500
121
Person may not engage in picketing activity within __ feet of funeral, burial, memorial, procession
500 feet
122
If 2 or more people in vehicle which liter is disposed from and you cannot determine which occupant violated who is charged?
Owner is present
Driver if owner is not present
123
Hire long must a person reside in residence to be eligible for relief?
90 days with 1 year
124
Temporary protective order effective how many days after service?
7 days
125
Temporary protective order may be extended for how long?
6 months
126
Hearing for final protective order shall be held no later than __ days
7
127
Emergency petition from court last how many days
5 days
128
Physician must see emergency petition patient within__hours
6 hours
129
An emergency petition patient may not be kept an emergency facility for more than __ hours
30 hours
130
F/M false statement to LEO
Misdemeanor
$500
131
F/M false statement concerning destructive device
Felony 10 years $10,000
132
Antique firearm
Matchlock, flintlock, percussion cup, similar ignition system manufactured before 1899
133
Short barreled rifle lengths
Barrel length less than 16 inches
Overall length less than 26 inches
134
Short barreled shotgun lengths
Barrel length less than 18 inches
Overall length less than 26 inches
135
Bump stock
Increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger
136
Cannot purchase sparklers under __ years old
16
137
F/M Flag desecration
Misdemeanor
1 year $1,000
138
F/M Harrassment
Misdemeanor
1st - 90 days / $500
2nd - 180 days / $1,000
139
Taking child into custody if they need assistance must notify families/department when 
Immediately
140
Taking child into custody for arrest how many hours notify to parents? 
48 hours
141
Kidnapping child age?
12 years old
142
Photo line up?
Live line up?
Photo – five fillers plus suspect
Live – four fillers plus suspect 
143
Traffic stop does not include 
Checkpoint, roadblock, traffic, accident, stopping cars, radar, laser, Vascar, LPR 
144
Missing person must be entered into NCIC within __ hours 
2 hours
145
Bigamy – person previous spouse absent from person period of_years 
7 years
146
Marriage ages with parents consent
16 or 17 year-old may not marry without consent of parents
15 may not marry without parent or pregnant/given birth 
147
Cannot give blood under what age without consent from parents 
17 years old
148
Carjacking
May not unauthorized possession or control of a motor vehicle from another, who actually possesses the motor vehicle, by force, or by threat of force of violence

149
F/M manslaughter by vehicle/vessel 
Guilty of a felony with punishment of 10 years and/or $5000 
150
Criminally negligent, manslaughter by vessel or vehicle 
Fail to protect operating negligence guilty of a misdemeanor three years of $5000 fine 
151
Murder first degree 
Deliberate, premeditated, and willful killing
guilty of a felony punishment of life 
152
Murder second degree 
Murder not in the first- degree guilty of a felony punishment of 30 years 
153
Manslaughter 
Unlawful and felonious killing of another without malice, I for thought, either expressed or implied, and is either voluntary or involuntary homicide. Intent or not guilty of a felony punishment of 10 years 
154
F/M Poison
Felony two years not to exceed 10 years 
155
Malicious destruction of personal property 
Less than $1000 is a misdemeanor punishable by 60 days and $500 fine
More than $1000 misdemeanor punishment of three years and $3500 fine
156
Children between what age must attend school 
6 to 16 years old 
