2018 Maryland Code
Criminal Law
Title 6 - Crimes Against Property
Subtitle 1 - Arson and Burning
§ 6-101. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.
- ** REVISOR'S NOTE This subsection formerly was Art. 27, § 5(a).** REVISOR'S NOTE The only changes are in style.
(b) Dwelling. --
(1) "Dwelling" means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present.
(2) "Dwelling" includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the dwelling.** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 5(b).** REVISOR'S NOTE In paragraph (2) of this subsection, the reference to an "outbuilding" is substituted for the former reference to an "outhouse" for clarity.** REVISOR'S NOTE Also in paragraph (2) of this subsection, the phrase "or parcel to" is retained for consistency with case law concerning arson, although the phrase "part of" may be an accurate and more modern substitute. The term "parcel" in this sense is only used in § 2-201(a)(4)(ii)1 of this article, relating to murder in the first degree involving arson. In § 8-701 of this article, relating to embezzlement involving certain documents, the reference to "part of" a document is substituted for the former reference to a "parcel of" a document. The Criminal Law Article Review Committee brings the retention of the original term in this section to the attention of the General Assembly.
(c) Maliciously. -- "Maliciously" means acting with intent to harm a person or property.** REVISOR'S NOTE This subsection formerly was Art. 27, § 5(c).** REVISOR'S NOTE The only changes are in style.** DEFINED TERM: "Person" § 1-101 **
(d) Structure. -- **
(1) "Structure" means a building or other construction, a vehicle, or watercraft. **
(2) "Structure" includes a: **
(i) barn, stable, pier, wharf, and any facility attached to a pier or wharf; **
(ii) tent, public building, or public bridge; and **
(iii) railroad car.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 5(e).
REVISOR'S NOTE
In item (2)(i) of this subsection, the former references to a "garage" and a "boathouse" are deleted as included in the comprehensive reference to a "building" in item (1) of this subsection. Similarly, in item (2)(ii) of this subsection, the former references to a "shop", "storehouse", "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". Also similarly, in item (2)(iii) of this subsection, the former references to a "motor vehicle", "aircraft", "boat", and "ship" are deleted in light of the comprehensive references to a "vehicle" and a "watercraft". **
(e) Willfully. -- "Willfully" means acting intentionally, knowingly, and purposely.
REVISOR'S NOTE
This subsection formerly was Art. 27, § 5(f).
REVISOR'S NOTE
The only changes are in style.
