Maryland Code § CR-12-103

Section CR-12-103
Open in Lexace · Ask the AI about this section
(a) For money or any other thing or consideration of value, a person may
not:
(1) bet, wager, or gamble; or
(2) play any other gaming device or fraudulent trick.
(b) (1) A violation of this section is a civil offense punishable by a fine
not exceeding:
(i) $500, if the violation involves money or any other thing or
consideration of value not exceeding $100; or
(ii) $1,000, if the violation involves money or any other thing
or consideration of value that exceeds $100.
(2) Adjudication of a violation under this section:
(i) is not a criminal conviction for any purpose; and
(ii) does not impose any of the civil disabilities that may result
from a criminal conviction.
(c) (1) A citation for a violation of this section may be issued to a person
by a police officer authorized to make arrests if there is probable cause to believe that
the person is committing or has committed a violation of this section.
(2) A citation issued under this subsection shall contain:
(i) the name, address, and date of birth of the person charged;
(ii) the statute allegedly violated;
(iii) the date and time that the violation occurred;
(iv) the location at which the violation occurred;
(v) the fine that may be imposed;

(vi) a notice stating that prepayment of the fine is allowed;
(vii) a notice in boldface type that states that the person shall:
1. pay the full amount of the preset fine; or
2. request a trial date at the date, time, and place
established by the District Court by writ or trial notice; and
(viii) the signature of the police officer issuing the citation.
(3) The form of the citation shall be uniform throughout the State
and shall be prescribed by the District Court.
(4) (i) The Chief Judge of the District Court shall establish a
schedule for the prepayment of a fine.
(ii) Prepayment of a fine shall be considered a plea of guilty to
a Code violation.
(5) The issuing jurisdiction shall forward a copy of the citation and a
request for trial to the District Court in the district having venue.
(6) A person may request a trial by sending a request for trial to the
District Court in the jurisdiction where the citation was issued within 30 days after
the issuance of the citation.
(7) If a person does not request a trial or prepay the fine within 30
days after the issuance of the citation, the District Court may impose the maximum
fine and costs against the person and find the person guilty of a Code violation for the
purposes of this section.
(8) (i) The defendant is liable for the costs of the proceedings in
the District Court.
(ii) The court costs in a Code violation case under this section
in which costs are imposed are $5.
(d) In any proceeding for a Code violation under this section:
(1) the State has the burden to prove the guilt of the defendant by a
preponderance of the evidence;

(2) the court shall apply the evidentiary standards as prescribed by
law or rule for the trial of a criminal case;
(3) the court shall ensure that the defendant has received a copy of
the charges against the defendant and that the defendant understands those charges;
(4) the defendant is entitled to cross-examine all witnesses who
appear against the defendant, to produce evidence or witnesses on behalf of the
defendant, and to testify on the defendant's own behalf, if the defendant chooses to
do so;
(5) the defendant is entitled to be represented by counsel of the
defendant's choice and at the expense of the defendant; and
(6) the defendant may enter a plea of guilty or not guilty, and the
verdict of the court in the case shall be:
(i) guilty of a Code violation;
(ii) not guilty of a Code violation; or
(iii) probation before judgment, imposed by the court in the
same manner and to the same extent as is allowed by law in the trial of a criminal
case.
(e) (1) The State's Attorney for any county may prosecute a Code
violation under this section in the same manner as prosecution of a violation of the
criminal laws of the State.
(2) In a Code violation case under this section, the State's Attorney
may:
(i) enter a nolle prosequi or move to place the case on the stet
docket; and
(ii) exercise authority in the same manner as prescribed by law
for violation of the criminal laws of the State.
(f) A person issued a citation for a violation of this section who is under the
age of 18 years shall be subject to the procedures and dispositions provided in Title
3, Subtitle 8A of the Courts Article.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.