EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0210*
HOUSE BILL 210
E1 5lr1084
(PRE–FILED) CF 5lr1086
By: Delegate Conaway Delegates Conaway, Toles, Solomon, Kaufman, Shetty,
J. Long, Pasteur, Schmidt, Simmons, Phillips, Stinnett, Arikan, Taylor,
Grammer, Sample–Hughes, and Williams
Requested: October 2, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Law – Theft – Mail and Packages 2
Criminal Law – Mail and Package Theft 3
(Porch Piracy Act of 2025) 4
FOR the purpose of prohibiting the theft of mail or packages; and generally relating to theft 5
of mail and packages altering the prohibition against taking and breaking open a 6
letter; prohibiting the theft of mail under certain circumstances; prohibiting a person 7
from possessing an arrow key under certain circumstances; providing for concurrent 8
jurisdiction in the District Court and circuit court to try a violation of this Act; 9
authorizing the use of facial recognition technology to investigate the commission of 10
mail theft; and generally relating to theft of mail and packages. 11
BY adding to 12
Article – Criminal Law 13
Section 7–106.1 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 4–301 and 4–302 19
Annotated Code of Maryland 20 2 HOUSE BILL 210
(2020 Replacement Volume and 2024 Supplement) 1
BY repealing 2
Article – Criminal Law 3
Section 3–905 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2024 Supplement) 6
BY adding to 7
Article – Criminal Law 8
Section 3–905 and 3–905.1 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Procedure 13
Section 2–503(a)(1)(i) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Criminal Law 19
7–106.1. 20
(A) IN THIS SECTION, “MAIL OR PACKAGE ” MEANS AN ITEM DELIVE RED OR 21
LEFT TO BE COLLECTED BY THE U.S. POSTAL SERVICE OR A DELIVERY SERVICE 22
COMPANY THAT DELIVER S TANGIBLE PERSONAL PROPERTY. 23
(B) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D WITHOUT 24
PERMISSION OF THE IN TENDED RECIPIENT OF THE MAIL OR PACKAGE OBTAIN OR 25
EXERT CONTROL OVER M AIL OR A PACKAGE DEL IVERED TO ANOTHER WI TH THE 26
INTENT TO DEPRIVE THE O WNER OF THE MAIL OR PACKAGE. 27
(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 28
ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS. 29
(D) FOR A THIRD OR SUBSEQ UENT VIOLATION OF TH IS SECTION, THE COURT 30
MAY ORDER THE DEFENDANT TO PARTICIPATE IN A DIV ERSION PROGRAM IN LI EU 31
OF INCARCERATION . 32
Article – Courts and Judicial Proceedings 33
4–301. 34 HOUSE BILL 210 3
(a) Except as provided in §§ 3–803 and 3–8A–03 of this article and 4–302 of this 1
subtitle, the District Court has exclusive original jurisdiction in a criminal case in which a 2
person at least 16 years old or a corporation is charged with violation of the vehicle laws, 3
or the State Boat Act, or regulations adopted pursuant to the vehicle laws or State Boat 4
Act. 5
(b) Except as provided in § 4–302 of this subtitle, the District Court also has 6
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 7
a corporation is charged with: 8
(1) Commission of a common–law or statutory misdemeanor regardless of 9
the amount of money or value of the property involved; 10
(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 11
Article, whether a felony or a misdemeanor; 12
(3) Violation of a county, municipal, or other ordinance, if the violation is 13
not a felony; 14
(4) Criminal violation of a State, county, or municipal rule or regulation, if 15
the violation is not a felony; 16
(5) Doing or omitting to do any act made punishable by a fine, 17
imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 18
regulation defining the violation if the violation is not a felony; 19
(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 20
misdemeanor; 21
(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 22
8–209 of the Criminal Law Article, whether a felony or misdemeanor; 23
(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 24
whether a felony or misdemeanor; 25
(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 26
felony or a misdemeanor; 27
(10) Violation of § 9–1106 of the Labor and Employment Article; 28
(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or 29
misdemeanor; 30
(12) Violation of § 2–209 of the Criminal Law Article; 31
(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 32 4 HOUSE BILL 210
(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 1
(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 2
10–608 of the Criminal Law Article, whether a felony or misdemeanor; 3
(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 4
whether a felony or misdemeanor; 5
(17) Violation of § 20–102 of the Transportation Article, whether a felony or 6
misdemeanor; 7
(18) Violation of § 8–801 of the Criminal Law Article; 8
(19) Violation of § 8–604 of the Criminal Law Article; 9
(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 10
(21) Violation of § 16–801, § 16–802, § 16–803, or § 16–804 of the Election 11
Law Article; 12
(22) Violation of § 3–203(c) of the Criminal Law Article; 13
(23) Violation of § 11–208 of the Criminal Law Article as a second or 14
subsequent offense; 15
(24) Violation of § 11–721 of the Criminal Procedure Article as a second or 16
subsequent offense; [or] 17
(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 18
(26) VIOLATION OF § 3–905 OR § 3–905.1 OF THE CRIMINAL LAW 19
ARTICLE. 20
4–302. 21
(a) Except as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), 22
(15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) of this subtitle, the 23
District Court does not have jurisdiction to try a criminal case charging the commission of 24
a felony. 25
(b) Except as provided in § 4–303 of this subtitle, the District Court does not have 26
criminal jurisdiction to try a case in which a juvenile court has exclusive original 27
jurisdiction. 28
HOUSE BILL 210 5
(c) The jurisdiction of the District Court is concurrent with that of the juvenile 1
court in any criminal case arising under the compulsory public school attendance laws of 2
this State. 3
(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 4
of the District Court is concurrent with that of the circuit court in a criminal case: 5
(i) In which the penalty may be confinement for 3 years or more or 6
a fine of $2,500 or more; or 7
(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 8
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), [and] (25), AND (26) 9
of this subtitle. 10
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 11
circuit court does not have jurisdiction to try a case charging a violation of § 5–601 or § 12
5–620 of the Criminal Law Article. 13
(ii) A circuit court does have jurisdiction to try a case charging a 14
violation of § 5–601 or § 5–620 of the Criminal Law Article if the defendant: 15
1. Properly demands a jury trial; 16
2. Appeals as provided by law from a final judgment entered 17
in the District Court; or 18
3. Is charged with another offense arising out of the same 19
circumstances that is within a circuit court’s jurisdiction. 20
(e) (1) The District Court is deprived of jurisdiction if a defendant is entitled 21
to and demands a jury trial at any time prior to trial in the District Court. 22
(2) (i) Except as provided in subparagraph (ii) of this paragraph, unless 23
the penalty for the offense with which the defendant is charged permits imprisonment for 24
a period in excess of 90 days, a defendant is not entitled to a jury trial in a criminal case. 25
(ii) Notwithstanding the provisions of subparagraph (i) of this 26
paragraph, the presiding judge of the District Court may deny a defendant a jury trial if: 27
1. The prosecutor recommends in open court that the judge 28
not impose a penalty of imprisonment for a period in excess of 90 days, regardless of the 29
permissible statutory or common law maximum; 30
2. The judge agrees not to impose a penalty of imprisonment 31
for a period in excess of 90 days; and 32
6 HOUSE BILL 210
3. The judge agrees not to increase the defendant’s bond if an 1
appeal is noted. 2
(iii) The State may not demand a jury trial. 3
(f) (1) Except as provided in Title 4, Subtitle 5 of the Family Law Article, the 4
District Court does not have jurisdiction of an offense otherwise within the District Court’s 5
jurisdiction if a person is charged: 6
(i) With another offense arising out of the same circumstances but 7
not within the District Court’s jurisdiction; or 8
(ii) In the circuit court with an offense arising out of the same 9
circumstances and within the concurrent jurisdictions of the District Court and the circuit 10
court described under subsection (d) of this section. 11
(2) In the cases described under paragraph (1) of this subsection, the circuit 12
court for the county has exclusive original jurisdiction over all the offenses. 13
Article – Criminal Law 14
[3–905. 15
(a) A person may not take and break open a letter that is not addressed to the 16
person without permission from the person to whom the letter is addressed or the personal 17
representative of the addressee’s estate. 18
(b) A person who violates this section is guilty of a misdemeanor and on conviction 19
is subject to imprisonment for 6 days and a fine of $15.] 20
3–905. 21
(A) (1) IN THIS SECTION, “MAIL” MEANS AN ITEM THAT H AS BEEN OR IS 22
INTENDED TO BE DELIV ERED BY USE OF THE U.S. POSTAL SERVICE OR A COMMON 23
CARRIER OR DELIVERY SERVICE TO A PERSON WHOSE ADDRESS APPEAR S ON THE 24
ITEM. 25
(2) “MAIL” INCLUDES AN ADDRESSE D LETTER, POSTAL CARD , OR 26
PACKAGE. 27
(B) A PERSON MAY NOT KNOWI NGLY AND INTENTIONAL LY OPEN MAIL 28
ADDRESSED TO ANOTHER WITHOUT THE PE RMISSION OF THE OTHE R OR THE 29
OTHER’S AUTHORIZED REPRESE NTATIVE OR DESIGNEE . 30
HOUSE BILL 210 7
(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 1
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 MONTH OR 2
A FINE OF $1,000 OR BOTH. 3
3–905.1. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “ARROW KEY ” MEANS A KEY DESIGNED EXCLUSIVELY FOR 7
ALLOWING AN EMPLOYEE OF THE U.S. POSTAL SERVICE OR A COMMON C ARRIER OR 8
DELIVERY SERVICE TO ACCESS A MAILBOX OR OTHER DEPOSITORY FOR STORING 9
MAIL. 10
(3) “MAIL” HAS THE MEANING STAT ED IN § 3–905 OF THIS SUBTITLE . 11
(B) (1) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 12
ARTICLE INVOLVING ON E OR MORE ITEMS OF M AIL. 13
(2) A PERSON MAY NOT COMMI T THEFT UNDER § 7–104 OF THIS 14
ARTICLE INVOLVING ON E OR MORE ITEMS OF M AIL USING AN ARROW K EY. 15
(C) A PERSON MAY NOT POSSE SS AN ARROW KEY WITH THE INTENT TO USE 16
OR ALLOW THE USE OF THE ARROW KEY IN THE COMMISSION OF A VIOL ATION OF 17
SUBSECTION (B) OF THIS SECTION. 18
(D) (1) A PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS 19
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 20
NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 21
(2) A PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS 22
GUILTY OF A F ELONY AND ON CONVICT ION IS SUBJECT TO IM PRISONMENT NOT 23
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 24
(3) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 25
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 26
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $3,000 OR BOTH. 27
(E) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 28
AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY OTH ER CRIME 29
BASED ON THE ACTS ES TABLISHING A VIOLATI ON OF THIS SECTION . 30
Article – Criminal Procedure 31
8 HOUSE BILL 210
2–503. 1
(a) (1) A police officer or other employee or agent of a law enforcement agency 2
may not, in the furtherance of a criminal investigation: 3
(i) use facial recognition technology to investigate a crime other 4
than the commission of or the attempt to commit: 5
1. a crime of violence as defined in § 14–101 of the Criminal 6
Law Article; 7
2. a human trafficking offense under Title 3, Subtitle 11 of 8
the Criminal Law Article; 9
3. first– or second–degree child abuse under § 3–601 of the 10
Criminal Law Article; 11
4. a child pornography offense under § 11–207 of the 12
Criminal Law Article; 13
5. a hate crime under § 10–304 of the Criminal Law Article; 14
6. a weapon crime under § 4–102, § 4–103, § 4–203(a)(1)(iii) 15
or (iv), § 4–204, or § 4–303(a)(2) of the Criminal Law Article; 16
7. a weapon crime under § 5–138, § 5–140, § 5–141, § 17
5–207(c)(16), § 5–406(a)(3), or § 5–703(a) of the Public Safety Article; 18
8. aggravated cruelty to animals under § 10–606 or § 10–607 19
of the Criminal Law Article; 20
9. importation of fentanyl or a fentanyl analogue under § 21
5–614(a)(1)(xii) of the Criminal Law Article; 22
10. stalking under § 3–802 of the Criminal Law Article; 23
11. MAIL THEFT UNDER § 3–905.1 OF THE CRIMINAL LAW 24
ARTICLE; 25
[11.] 12. a criminal act involving circumstances presenting a 26
substantial and ongoing threat to public safety or national security; or 27
[12.] 13. a crime under the laws of another state 28
substantially equivalent to a crime listed in items 1 through [10] 11 of this item involving 29
a fugitive from justice charged with a crime in that state and sought under Title 9 of this 30
article; 31
HOUSE BILL 210 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.