2016 Maryland Code
Criminal Law
Title 6 - Crimes Against Property
Subtitle 2 - Burglary and Related Crimes
§ 6-201. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE

This subsection formerly was Art. 27, § 28(a).

** REVISOR'S NOTE

In this subsection and throughout this subtitle, the references to this "subtitle" are substituted for the former references to this "subheading" to reflect the reorganization of material derived from the former "Burglary and Related Offenses" subheading of Article 27.

** REVISOR'S NOTE

No other changes are made.

(b) Break. -- "Break" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(d) as it related to the defined term "break".

(c) Burglar's tool. --

(1) "Burglar's tool" means a tool, instrument, or device adapted, designed, or used to commit or facilitate the commission of a burglary crime.

(2) "Burglar's tool" includes:

(i) a picklock, key, crowbar, prybar, jack, or bit;

(ii) explosive material including nitroglycerine, dynamite, or gunpowder; and

(iii) a device capable of burning through metal, concrete, or other solid material, including an acetylene torch, electric arc, burning bar, thermal lance, or oxygen lance.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(b).

(d) Crime of violence. -- "Crime of violence" has the meaning stated in § 14-101 of this article.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(c).

(e) Dwelling. -- "Dwelling" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(d) as it related to the defined term "dwelling".

(f) Enter. -- "Enter" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(d) as it related to the defined term "enter".

(g) Firearm. --

(1) "Firearm" includes:

(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those terms are defined in § 4-201 of this article;

(ii) a machine gun, as defined in § 4-401 of this article; and

(iii) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

(2) "Firearm" does not include a firearm that has been modified to be permanently inoperative.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(f).

** REVISOR'S NOTE

In paragraph (1)(i) of this subsection, the Criminal Law Article Review Committee notes, for the consideration of the General Assembly, that the terms "'short-barreled shotgun" and "short-barreled rifle", as defined in § 4-201 of this article, are included in the term "handgun"' as defined in the same section. It is unclear whether the terms "short-barreled shotgun" and "short-barreled rifle" as used in this section are redundant of the term "handgun", or differ in some way from those terms used in the definition of "handgun".

(h) Storehouse. --

(1) "Storehouse" retains its judicially determined meaning.

(2) "Storehouse" includes:

(i) a building or other construction, or a watercraft;

(ii) a barn, stable, pier, wharf, and any facility attached to a pier or wharf;

(iii) a storeroom or public building; and

(iv) a trailer, aircraft, vessel, or railroad car.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 28(e).

** REVISOR'S NOTE

In paragraph (2)(ii) of this subsection, the former references to a "garage" and a "boathouse" are deleted as included in the comprehensive references to a "building" and "other construction" and for consistency with the definition of "structure" in § 6-101 of this title. Similarly, in paragraph (2)(iii) of this section, the former references to a "shop", "warehouse", "factory", "mill", "house of worship", "meeting house", "courthouse", "workhouse", and "school" are deleted as included in the comprehensive references to a "building" and "other construction".

** REVISOR'S NOTE

In paragraph (2)(iv) of this subsection, the reference to a "vessel" is substituted for the former references to "boat" and "ship" for consistency with other revised articles of the Code.