Criminal Law - Self-Defense - Prior Acts by Victim

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Criminal Law - Self-Defense - Prior Acts by Victim

Authorizing a person charged with murder or manslaughter in any degree or a crime under Title 3, Subtitle 2 of the Criminal Law Article to assert the defense that the person acted in self-defense and need not prove that the person believed danger was imminent or immediate if the victim had previously committed a certain act against the person.

What This Bill Does

• Authorizing a person charged with murder or manslaughter in any degree or a crime under Title 3, Subtitle 2 of the Criminal Law Article to assert the defense that the person acted in self-defense and need not prove that the person believed danger was imminent or immediate if the victim had previously committed a certain act against the person.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

Authorizing a person charged with murder or manslaughter in any degree or a crime under Title 3, Subtitle 2 of the Criminal Law Article to assert the defense that the person acted in self-defense and need not prove that the person believed danger was imminent or immediate if the victim had previously committed a certain act against the person.

Current Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1406*

HOUSE BILL 1406
E1 6lr3086

By: Delegates Smith, Embry, and Ruff
Introduced and read first time: February 13, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Self–Defense – Prior Acts by Victim 2

FOR the purpose of authorizing a person charged with a certain offense to assert a certain 3
defense without proving a certain element of that defense if the victim had previously 4
committed a certain act against the person; and generally relating to self–defense. 5

BY adding to 6
Article – Criminal Law 7
Section 1–403 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Criminal Law 13

1–403. 14

A PERSON CHARGED WITH MURDER OR MANSLAUGHTER IN ANY DEGREE OR A 15
CRIME UNDER TITLE 3, SUBTITLE 2 OF THIS ARTICLE MAY ASSERT THE DEFENSE 16
THAT THE PERSON ACTE D IN SELF –DEFENSE AND NEED NOT PROVE THAT THE 17
PERSON BELIEVED DANG ER WAS IMMINENT OR I MMEDIATE IF THE VICTIM HAD 18
PREVIOUSLY COMMITTED: 19

(1) AN ASSAULT IN ANY DEGREE AGAINST THE PERSON; OR 20

(2) AN ACT CONSTITUTING SEXUALLY ASSAULTIVE BEHAVIOR 21
AGAINST THE PERSON, AS DEFINED IN § 10–923 OF THE COURTS ARTICLE. 22

2 HOUSE BILL 1406

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