Full Statute Name:  West's Annotated Code of Maryland. Criminal Law. Title 6. Crimes Against Property. Subtitle 2. Burglary and Related Crimes. § 6-208. Breaking and entering a research facility

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Primary Citation:  MD Code, Criminal Law, § 6-208 Country of Origin:  United States Last Checked:  November, 2024 Alternate Citation:  MD CRIM LAW § 6-208 Date Adopted:  2002 Historical: 
Summary: This law reflects Maryland's "ecoterrorism"/animal research interference law. A person may not break and enter a research facility without the permission of the research facility with the intent to: obtain unauthorized control over research property; alter or eradicate research property; damage or deface research property; move research property in a manner intended to cause harm to it; destroy or remove research property; or engage in conduct that results in the removal of research property. Violation of the law is a felony with imprisonment of up to 5 years or a fine of up to $5,000, or both.

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2)(i) “Enclosure” means a building, structure, aircraft, watercraft, or vehicle, and each:

1. separately secured or occupied portion of it; and

2. structure appurtenant or connected to it.

(ii) “Enclosure” includes a trailer and a sleeping car.

(3) “Research” means a studious and serious inquiry, examination, investigation, or experimentation designed to discover or accumulate data, theories, technologies, or applications for a governmental, scientific, educational, or proprietary purpose.

(4) “Research facility” means an enclosure or separately secured yard, pad, pond, laboratory, pasture, or pen used to conduct research, house research subjects, or store supplies, records, data, prototypes, or equipment necessary to or derived from research.

(5)(i) “Research property” means property, regardless of value, related to research in a research facility.

(ii) “Research property” includes a sample, specimen, research subject, record, data, test result, or proprietary information.

Prohibited

(b) A person may not break and enter a research facility without the permission of the research facility with the intent to:

(1) obtain unauthorized control over research property;

(2) alter or eradicate research property;

(3) damage or deface research property;

(4) move research property in a manner intended to cause harm to it;

(5) destroy or remove research property; or

(6) engage in conduct that results in the removal of research property.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 34.

LEGISLATIVE NOTES

Revisor's Note (Acts 2002, c. 26):

This section is new language derived without substantive change from former Art. 27, § 34.

In subsection (a)(3) of this section, the former reference to “facts” is deleted as surplusage in light of the use of the term “data”.

Defined terms: “Break” § 6-201

“Enter” § 6-201

“Person” § 1-101

 
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