Criminal Law - Third-Degree Assault

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
*hb0907*

HOUSE BILL 907
E1 6lr2453
CF SB 514
By: Delegates Moon and Cardin, Cardin, Moreno, Conaway, Woods, Williams, and
Phillips
Introduced and read first time: February 5, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Law – Third–Degree Assault 2

FOR the purpose of establishing that it is a misdemeanor to intentionally cause offensive 3
contact, engage in conduct tending to put another in fear of offensive contact, or 4
attempt to cause offensive contact; altering a certain list of convictions that are 5
eligible for expungement under certa in circumstances; and generally relating to 6
assault. 7

BY adding to 8
Article – Criminal Law 9
Section 3–203.1 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 3–206 and 3–209 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – Courts and Judicial Proceedings 19
Section 4–301(b) and 4–302(d) 20
Annotated Code of Maryland 21
2 HOUSE BILL 907

(2020 Replacement Volume and 2025 Supplement) 1

BY repealing and reenacting, with amendments, 2
Article – Criminal Procedure 3
Section 10–110(a)(1)(vii) 4
Annotated Code of Maryland 5
(2025 Replacement Volume) 6

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 7
That the Laws of Maryland read as follows: 8

Article – Criminal Law 9

3–203.1. 10

(A) (1) IN THIS SECTION , “OFFENSIVE CONTACT ” MEANS 11
NONCONSENSUAL PHYSICAL CONTACT THAT A RE ASONABLE PERSON WOULD FIND 12
TO BE OFFENSIVE. 13

(2) “OFFENSIVE CONTACT” DOES NOT INCLUDE: 14

(I) CONTACT THAT RESULTS IN PHYSICAL INJURY; 15

(II) CONTACT THAT CAUSES A RISK OF SERIOUS PH YSICAL 16
INJURY; 17

(III) A DOMESTICALLY RELATED CRIME, AS DEFINED IN § 6–233 18
OF THE CRIMINAL PROCEDURE ARTICLE AN ACT AGAINST A PER SON WHO WOULD 19
BE ELIGIBLE TO FILE A P ETITION FOR RELIEF F ROM ABUSE AGAINST TH E 20
DEFENDANT UNDER TITLE 4, SUBTITLE 5 OF THE FAMILY LAW ARTICLE BASED ON 21
THE FACTS ALLEGED IN THE APPLICATION FOR A STATEMENT OF CHARGES; OR 22

(IV) A SEXUAL CRIME UNDER SUBTITLE 3 OF THIS TITLE. 23

(B) A PERSON MAY NOT: 24

(1) INTENTIONALLY CAUSE OFFENSIVE CONTACT; 25

(2) ENGAGE IN CONDUCT IN TENDING TO PUT ANOTH ER IN FEAR OF 26
OFFENSIVE CONTACT; OR 27

(3) ATTEMPT TO CAUSE OFFENSIVE CONTACT. 28

HOUSE BILL 907 3

(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF THE 1
MISDEMEANOR OF ASSAULT IN THE THIRD DEGREE AND ON CONVICTION IS SUBJECT 2
TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR 3
BOTH. 4

3–206. 5

(a) An indictment, information, other charging document, or warrant for a crime 6
described in § 3 –202, § 3 –203, or § 3 –205 of this subtitle is sufficient if it substantially 7
states: 8

“(name of defendant) on (date) in (county) assaulted (name of victim) in the........ 9
degree or (describe other violation) in violation of (section violated) against the pea ce, 10
government, and dignity of the State.”. 11

(b) If the general form of indictment or information described in subsection (a) of 12
this section is used to charge a crime described in § 3 –202, § 3 –203, or § 3 –205 of this 13
subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill 14
of particulars. 15

(c) A charge of assault in the first degree also charges a defendant with assault 16
in the second degree. 17

(D) (1) (I) UNLESS SPECIFICALLY CHARGED BY THE STATE, ASSAULT 18
IN THE THIR D DEGREE UNDER § 3–203.1 OF THIS SUBTITLE IS NOT A LESSER 19
INCLUDED CRIME OF ANY OTHER CRIME. 20

(II) ASSAULT IN THE THIRD DEGREE UNDER § 3–203.1 OF THIS 21
SUBTITLE IS A LESSER INCLUDED CRIME OF SE COND–DEGREE ASSAULT IF 22
SPECIFICALLY CHARGED BY THE STATE. 23

(2) A CHARGING DOCUMENT OR WARRANT FOR A CRIME DESCRIBED 24
IN § 3–203.1 OF THIS SUBTITLE IS SUFFICIENT IF IT SUBSTANTIALLY STATES: 25

“(NAME OF DEFENDANT) ON (DATE) IN (COUNTY) COMMITTED ASSAULT IN THE 26
THIRD DEGREE AGAINST (NAME OF VICTIM ) IN VIOLATION OF § 3–203.1 OF THE 27
CRIMINAL LAW ARTICLE AGAINST THE PEACE, GOVERNMENT, AND DIGNITY OF THE 28
STATE.”. 29

[(d)] (E) (1) To be found guilty of reckless endangerment under § 3 –204 of 30
this subtitle, a defendant must be charged specifically with reckless endangerment. 31

(2) A charging document for reckless endangerment under § 3 –204 of this 32
subtitle is sufficient if it substantially states: 33

4 HOUSE BILL 907

“(name of defendant) on (date) in (county) committed reckless endangerment in 1
violation of § 3–204 of the Criminal Law Article against the peace, government, and dignity 2
of the State.”. 3

(3) If more than one individual is endangered by the conduct of the 4
defendant, a separate charge may be brought for each individual endangered. 5

(4) A charging document containing a charge of re ckless endangerment 6
under § 3–204 of this subtitle may: 7

(i) include a count for each individual endangered by the conduct of 8
the defendant; or 9

(ii) contain a single count based on the conduct of the defendant, 10
regardless of the number of individuals endangered by the conduct of the defendant. 11

(5) If the general form of charging document described in paragraph (2) of 12
this subsection is used to charge reckless endangerment under § 3–204 of this subtitle in a 13
case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars. 14

3–209. 15

(a) Subject to [subsection] SUBSECTIONS (b) AND (C) of this section, a person 16
charged with a crime under § 3–202, § 3–203, § 3–203.1, § 3–204, or § 3–205 of this subtitle 17
may assert any judicially recognized defense. 18

(b) The discovery or perception of, or belief about, another person’s race, color, 19
national origin, sex, gender identity, sexual orientation, religious beliefs, or disability, 20
whether or not accurate, is not a defense to the crime of assault in any degree. 21

(C) A PHYSICAL INJURY OF A VICTIM RESULTING FROM A VIOLATION OF § 22
3–203.1 OF THIS SUBTITLE IS NOT A DEFENSE TO A C HARGE UNDER § 3–203.1 OF 23
THIS SUBTITLE. 24

Article – Courts and Judicial Proceedings 25

4–301. 26

(b) Except as provided in § 4 –302 of this subtitle, the District Court also has 27
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 28
a corporation is charged with: 29

(1) Commission of a common–law or statutory misdemeanor regardless of 30
the amount of money or value of the property involved; 31

(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 32
Article, whether a felony or a misdemeanor; 33
HOUSE BILL 907 5

(3) Violation of a county, municipal, or other ordinance, if the violation is 1
not a felony; 2

(4) Criminal violation of a State, county, or municipal rule or regulation, if 3
the violation is not a felony; 4

(5) Doing or omitting to do any act made punishable by a fine, 5
imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 6
regulation defining the violation if the violation is not a felony; 7

(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 8
misdemeanor; 9

(7) Violation of § 8 –203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 10
8–209 of the Criminal Law Article, whether a felony or misdemeanor; 11

(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 12
whether a felony or misdemeanor; 13

(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 14
felony or a misdemeanor; 15

(10) Violation of § 9–1106 of the Labor and Employment Article; 16

(11) Violation of § 8 –301 of the Criminal Law Article, whether a felony or 17
misdemeanor; 18

(12) Violation of § 2–209 of the Criminal Law Article; 19

(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 20

(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 21

(15) Violation of § 10 –604, § 1 0–605, § 10 –606, § 10 –607, § 10 –607.1, or § 22
10–608 of the Criminal Law Article, whether a felony or misdemeanor; 23

(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 24
whether a felony or misdemeanor; 25

(17) Violation of § 20–102 of the Transportation Article, whether a felony or 26
misdemeanor; 27

(18) Violation of § 8–801 of the Criminal Law Article; 28

(19) Violation of § 8–604 of the Criminal Law Article; 29

6 HOUSE BILL 907

(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 1

(21) Violation of § 16 –801, § 16–802, § 16–803, or § 16 –804 of the Election 2
Law Article; 3

(22) Violation of § 3–203(c) of the Criminal Law Article; 4

(23) Violation of § 11 –208 of the Criminal Law Article as a second or 5
subsequent offense; 6

(24) Violation of § 11 –721 of the Criminal Procedure Article as a second or 7
subsequent offense; [or] 8

(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 9

(26) VIOLATION OF § 3–203.1 OF THE CRIMINAL LAW ARTICLE. 10

4–302. 11

(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 12
of the District Court is concurrent with that of the circuit court in a criminal case: 13

(i) In which the penalty may be confinement for 3 years or more or 14
a fine of $2,500 or more; or 15

(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 16
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this 17
subtitle. 18

(2) (i) Except as provided in subparagraph (ii) of this par agraph, a 19
circuit court does not have jurisdiction to try a case charging a violation of § 3–203.1, § 20
5–601, or § 5–620 of the Criminal Law Article. 21

(ii) A circuit court does have jurisdiction to try a case charging a 22
violation of § 3–203.1, § 5–601, or § 5–620 of the Criminal Law Article if the defendant: 23

1. Properly demands a jury trial; 24

2. Appeals as provided by law from a final judgment entered 25
in the District Court; or 26

3. Is charged with another offense arising out of the same 27
circumstances that is within a circuit court’s jurisdiction. 28

Article – Criminal Procedure 29

HOUSE BILL 907 7

10–110. 1

(a) A person may file a petition listing relevant facts for expungement of a police 2
record, court record, or other record maintained by the State or a political subdivision of 3
the State if the person is convicted of: 4

(1) a misdemeanor that is a violation of: 5

(vii) § 3–203, § 3–203.1, or § 3–808 of the Criminal Law Article; 6

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.