2017 Maryland Code
Criminal Procedure
Title 6 - Trial and Sentencing
Subtitle 2 - Sentencing
Part II - Sentencing Procedures
§ 6-233. Domestically related crimes

  • (a) "Domestically related crime" defined. -- In this section, "domestically related crime" means a crime committed by a defendant against a victim who is a person eligible for relief, as defined in § 4-501 of the Family Law Article, or who had a sexual relationship with the defendant within 12 months before the commission of the crime.
  • (b) Finding by court; burden of proof. --
    • (1) If a defendant is convicted of or receives a probation before judgment disposition for a crime, on request of the State's Attorney, the court shall make a finding of fact, based on evidence produced at trial, as to whether the crime is a domestically related crime.
    • (2) The State has the burden of proving by a preponderance of the evidence that the crime is a domestically related crime.
  • (c) Record of the court. -- If the court finds that the crime is a domestically related crime under subsection (b) of this section, that finding shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository under § 10-215 of this article.
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