2013 Maryland Code
CRIMINAL PROCEDURE
§ 4-204 - Accessory before the fact [Effective until October 1, 2013]


MD Crim Pro Code § 4-204 (2013) What's This?

§4-204.

(a) In this section, the words “accessory before the fact” and “principal” have their judicially determined meanings.

(b) Except for a sentencing proceeding under § 2-303 or § 2-304 of the Criminal Law Article:

(1) the distinction between an accessory before the fact and a principal is abrogated; and

(2) an accessory before the fact may be charged, tried, convicted, and sentenced as a principal.

(c) An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been:

(1) charged with the crime;

(2) acquitted of the crime; or

(3) convicted of a lesser or different crime.

(d) If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where:

(1) an act of accessoryship was committed; or

(2) a principal in the crime may be charged, tried and convicted, and sentenced.

§ 4-204 - Accessory before the fact

(a) "Accessory before the fact" and "principal" defined. -- In this section, the words "accessory before the fact" and "principal" have their judicially determined meanings.

(b) Accessory before the fact and principal -- Compared. -- Except for a sentencing proceeding under § 2-303 or § 2-304 of the Criminal Law Article:

(1) the distinction between an accessory before the fact and a principal is abrogated; and

(2) an accessory before the fact may be charged, tried, convicted, and sentenced as a principal.

(c) Accessory liability not linked to principal. -- An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been:

(1) charged with the crime;

(2) acquitted of the crime; or

(3) convicted of a lesser or different crime.

(d) Venue. -- If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where:

(1) an act of accessoryship was committed; or

(2) a principal in the crime may be charged, tried and convicted, and sentenced.

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