WES MOORE, Governor Ch. 698
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Chapter 698
(House Bill 745)
AN ACT concerning
Criminal Law – False Statements – Emergency or Commission of Crime
(Antiswatting Act of 2023)
FOR the purpose of prohibiting a person from making or causing to be made a false
statement, report, or complaint to a governmental emergency report recipient with
reckless disregard of causing bodily harm; providing that a person who violates this
Act is civilly liable to an individual harmed by the violation; and generally relating
to crimes involving the making of false statements.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–19(d)(3)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY adding to
Article – Criminal Law
Section 9–501.1
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 10–307
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–8A–19.
(d) (3) (i) A child may not be committed to the Department of Juvenile
Services for out–of–home placement if the most serious offense is:
1. Possession of cannabis under § 5–601(c)(2)(ii) of the
Criminal Law Article;
2. An offense that would be a misdemeanor if committed by Ch. 698 2023 LAWS OF MARYLAND
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an adult, unless the offense involves a firearm; [or]
3. A technical violation, as defined in § 3–8A–19.6 of this
subtitle; OR
4. A FIRST–TIME VIOLATION FOR M AKING A FALSE
STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER §
9–501.1 OF THE CRIMINAL LAW ARTICLE.
(ii) This paragraph may not be construed to prohibit the court from
committing the child to another appropriate agency.
Article – Criminal Law
9–501.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “EMERGENCY ” MEANS A CONDITION TH AT:
(I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND
(II) RESULTS IN, OR IS LIKELY TO RESULT IN:
1. THE RESPONSE OF A PU BLIC OFFICIAL; OR
2. THE EVACUATION OF AN AREA, A BUILDING, A
STRUCTURE, A VEHICLE, OR ANY OTHER PLACE .
(3) “GOVERNMENTAL EMERGENC Y REPORT RECIPIENT ” MEANS:
(I) A PEACE OFFICER ;
(II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL
GOVERNMENT ;
(III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC
SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY
ARTICLE; OR
(IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR
WHO IS AUTHORIZED TO RECEIV E REPORTS OF A CRIME OR AN EMERGENCY . WES MOORE, Governor Ch. 698
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(B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT,
REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A
CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART
TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD
OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE
TO THE STATEMENT , REPORT, OR COMPLAINT .
(2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS
SUBSECTION BY MAKING A FALSE ST ATEMENT, REPORT, OR COMPLAINT ALLEGIN G
THE COMMISSION OF A CRIME IF THE RESULT OF THE STATEMENT , REPORT, OR
COMPLAINT IS A RESPO NSE FROM LAW ENFORCE MENT AND SERIOUS PHY SICAL
INJURY OR SEVERE EMO TIONAL DISTRESS TO A PERSON OR THE DEATH OF A PERSON
AS A PROXIMATE RESUL T OF LAWFUL CONDUCT ARISING OUT OF THE R ESPONSE.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A
PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A
MISDEMEANOR AND ON C ONVICTION IS SUBJE CT TO IMPRISONMENT N OT
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A
PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCEE DING 10
YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH.
(3) A FIRST–TIME VIOLATION OF TH IS SECTION BY A MINO R IS A CIVIL
OFFENSE SUBJECT TO T HE PROCEDURES AND DI SPOSITIONS PROVIDED IN TITLE 3,
SUBTITLE 8A OF THE COURTS ARTICLE.
(4) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS
SUBSECTION, A COURT, IN IMPOSING A SENTEN CE ON A PERSON CONVI CTED OF
VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY
INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT
ARISING OUT OF THE RESPO NSE TO THE STATEMENT , REPORT, OR COMPLAINT .
(D) A PERSON WHO VIOLATES THIS SECTION MAY BE CHARGED,
PROSECUTED , TRIED, AND CONVICTED IN :
(1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE
STATEMENT, REPORT, OR COMPLAINT ;
(2) THE COUNTY IN WHICH THE STATEMENT, REPORT, OR COMPLAINT
WAS RECEIVED BY A GO VERNMENTAL EMERGENCY REPORT RECIPIENT ; OR Ch. 698 2023 LAWS OF MARYLAND
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(3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT
RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT .
(E) IN ADDITION TO AN Y PENALTIES UNDER SU BSECTION (C) OF THIS
SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY
INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION.
(F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. §
230 OR 42 U.S.C. § 1983.
10–307.
(A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A
sentence imposed under this subtitle may be separate from and consecutive to or concurrent
with a sentence for any crime based on the act establishing the violation of this subtitle.
(B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS
SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE
IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE
IMPOSED UNDER § 9–501.1 OF THIS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.