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Bill > HB488


MD HB488

MD HB488
Criminal Law - Third-Degree Assault


summary

Introduced
01/25/2018
In Committee
01/25/2018
Crossed Over
Passed
Dead
04/09/2018

Introduced Session

2018 Regular Session

Bill Summary

Establishing that it is a misdemeanor to intentionally cause offensive contact, engage in conduct tending to put another in fear of offensive contact, or attempt to cause offensive contact; providing for the form of certain charging documents; providing that a certain crime is not a lesser included crime of certain other crimes under certain circumstances; providing that a person charged with a certain crime may assert any judicially recognized defense, with a certain exception; etc.

AI Summary

This bill establishes a new misdemeanor offense of "assault in the third degree" for intentionally causing offensive contact, engaging in conduct that puts another in fear of offensive contact, or attempting to cause offensive contact. It defines "offensive contact" as nonconsensual physical contact that a reasonable person would find offensive, excluding physical injury, serious physical injury, domestically related crimes, and sexual crimes. The bill also provides details on the charging process for this new offense, clarifies that it is not a lesser included offense of other crimes, and specifies that a physical injury resulting from a third-degree assault is not a defense to the charge. Additionally, the bill gives the District Court exclusive original jurisdiction over third-degree assault cases, unless the defendant demands a jury trial, appeals the case to the circuit court, or is charged with another offense within the circuit court's jurisdiction.

Committee Categories

Justice

Sponsors (3)

Last Action

Hearing 2/13 at 1:00 p.m. (on 02/13/2018)

bill text


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