Section 1-101 - Definitions.
§ 1-101. Definitions.
(a) In general.- In this article the following words have the meanings indicated.
Revisor's Note.
This subsection is new language added as the standard introductory language to a definition section.
(b) Correctional facility.- "Correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.
Revisor's Note.
This subsection is new language substituted for the second sentence of former Art. 27, § 643B(a) for consistency with the Correctional Services Article.
(c) Counterfeit.- "Counterfeit" means to forge, counterfeit, materially alter, or falsely make.
Revisor's Note.
This subsection is new language added to avoid repetition of the terms "forge", "materially alter", and "falsely make" and their grammatical variations throughout this article.
The Criminal Law Article Review Committee notes, for the consideration of the General Assembly, that the use of the defined term "counterfeit" to cover the activities known to the common law as "forgery", "counterfeiting", "material alteration", and "false making" includes both altering a genuine document or object to make it false, and creating a new false document or object. The Committee chose "counterfeit" rather than "forge" as the all-encompassing term because the former term was the more inclusive term at common law.
(d) County.- "County" means a county of the State or Baltimore City.
Revisor's Note.
This subsection is new language added to indicate that a reference in this article to a "county" includes Baltimore City unless the reference specifically provides otherwise.
Article 1, § 14(a) provides that "county" includes Baltimore City "unless such construction would be unreasonable". Because the word "unreasonable" in that section has been interpreted in various ways, the Criminal Law Article Review Committee decided that an explicit definition of "county" should be included in this article.
(e) Inmate.- "Inmate" has the meaning stated in § 1-101 of the Correctional Services Article.
Revisor's Note.
This subsection is new language added for consistency with the Correctional Services Article.
(f) Local correctional facility.- "Local correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.
Revisor's Note.
This subsection is new language added for consistency with the Correctional Services Article.
(g) Minor.- "Minor" means an individual under the age of 18 years.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, §§ 416A(b) and 419A(a).
Article 1, § 24(b)(2) provides that "minor", "as it pertains to legal age and capacity", refers to individuals under the age of 18 years. Because the term "minor" is used in this article to refer both to potential criminal defendants and to potential victims, the reference to "legal age and capacity" may inappropriately limit the application of a criminal statute that uses the term. The Criminal Law Article Review Committee decided that an explicit definition of "minor" should be included in this article. Therefore, former Art. 27, §§ 416A(b) and 419A(a) are revised in this subsection to apply throughout this article, even though Art. 27, § 416A(b) formerly applied only to those provisions now in Title 11, Subtitle 1 of this article and Art. 27, § 419A(a) formerly applied only to those provisions now in Title 11, Subtitle 2 of this article.
(h) Person.- "Person" means an individual, sole proprietorship, partnership, firm, association, corporation, or other entity.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, §§ 277(r), 417(2), and 468(c)(3), and the third sentence of § 372.
The former provisions are revised in this subsection to apply throughout this article for clarity, even though Art. 27, § 372 formerly only applied to those provisions now in Title 4, Subtitle 4 of this article, Art. 27, § 277(r) formerly applied only to those provisions now in Title 5 of this article, Art. 27, § 417(2) formerly applied only to those provisions now in Title 11, Subtitle 2 of this article, and Art. 27, § 468(c)(3) formerly applied only to those provisions now in § 10-110 of this article.
The term "person" defined in this subsection does not conform to the standard definition of "person" in other revised articles of the Code. The standard definition in other revised articles includes a "receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind". Unlike many other revised articles that primarily concern civil and regulatory matters, this article specifically imposes criminal liability on a "person" who contravenes its provisions. The criminal law generally does not impose criminal liability on a person acting purely in the capacity of an agent, unless the person may otherwise be charged as a principal or accessory to a crime. The Criminal Law Article Review Committee noted that there was no basis in the former law to support extending criminal liability to a person acting in such a capacity for all crimes included in this article. Thus, the Committee determined that only those persons included in the term "person" as formerly defined in Article 27 should be included in that term as defined in this article. No substantive change is intended.
The definition of "person" in this subsection does not include a governmental entity or unit. The Court of Appeals of Maryland has held consistently that the word "person" in a statute does not include the State, its units, or subdivisions unless an intention to include these entities is made manifest by the legislature. See, e.g., Unnamed Physician v. Commission on Medical Discipline, 285 Md. 1, 12-14 (1979).
The former reference to any other "legal" entity is deleted as surplusage.
The former references to a "limited liability company" and an "unincorporated" association are deleted as included in the comprehensive reference to any other "entity".
(i) State.- "State" means:
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia.
Revisor's Note.
This subsection is standard language added to provide an express definition of the term "state" in the revised articles of the Code. See, e.g., IN § 1-101(kk), PUC § 1-101(ff), and CS § 1-101(n).
(j) State correctional facility.- "State correctional facility" has the meaning stated in § 1-101 of the Correctional Services Article.
Revisor's Note.
This subsection is new language added for consistency with the Correctional Services Article.
[An. Code 1957, art. 27, §§ 277(r), 372, 416A(b), 417(2), 419A(a), 468(c)(3), 643B(a); 2002, ch. 26, § 2; 2003, chs. 56, 57.]