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.
*sb0514*

SENATE BILL 514
E1 6lr2454
HB 544/25 – JUD CF HB 907
By: Senator Smith
Introduced and read first time: February 2, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Law – Third–Degree Assault 2

FOR the purpose of providing that a District Court commissioner may not issue an arrest 3
warrant under certain circumstances; establishing that it is a misdemeanor to 4
intentionally cause offensive contact, engage in conduct tending to put another in 5
fear of offensive contact, or attempt to cause offensive contact; altering a certain list 6
of convictions that are eligible for expungement under certain circumstances; and 7
generally relating to assault. 8

BY adding to 9
Article – Criminal Law 10
Section 3–203.1 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, with amendments, 14
Article – Criminal Law 15
Section 3–206 and 3–209 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, with amendments, 19
Article – Courts and Judicial Proceedings 20
Section 4–301(b) and 4–302(d) 2–607(c), 4–301(b), and 4–302(d) 21
Annotated Code of Maryland 22
2 SENATE BILL 514

(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 MARYLAND, 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 REASO NABLE PERSON WOULD F IND 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 COMMITTED AGA INST A PERSON 19
ELIGIBLE FOR RELIEF, AS DEFINED IN § 4–501 OF THE FAMILY LAW ARTICLE; OR 20

(IV) A SEXUAL CRIME UNDER SUBTITLE 3 OF THIS TITLE. 21

(B) A PERSON MAY NOT: 22

(1) INTENTIONALLY CAUSE OFFENSIVE CONTACT; 23

(2) ENGAGE IN CONDUCT IN TENDING TO PUT ANOTH ER IN FEAR OF 24
OFFENSIVE CONTACT; OR 25

(3) ATTEMPT TO CAUSE OFFENSIVE CONTACT. 26

(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF THE 27
MISDEMEANOR OF ASSAULT IN THE THIRD DEGREE AND ON CONVICTION IS SUBJECT 28
SENATE BILL 514 3

TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR 1
BOTH. 2

3–206. 3

(a) An indictment, information, other charging document, or warrant for a crime 4
described in § 3 –202, § 3 –203, or § 3 –205 of this subtitle is sufficient if it substantially 5
states: 6

“(name of defendant) on (date) in (county) assaulted (name of victim) in the........ 7
degree or (describe other violation) in violation of (section violated) against the peace, 8
government, and dignity of the State.”. 9

(b) If the general form of indictment or information described in subsection (a) of 10
this section is used to charge a crime described in § 3 –202, § 3 –203, or § 3 –205 of this 11
subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill 12
of particulars. 13

(c) A charge of assault in the first degree also charges a defendant with assault 14
in the second degree. 15

(D) (1) (I) UNLESS SPECIFICALLY CHARGED BY THE STATE, ASSAULT 16
IN THE THIRD DEGREE UNDER § 3–203.1 OF THIS SUBTITLE IS NOT A LESSER 17
INCLUDED CRIME OF ANY OTHER CRIME. 18

(II) ASSAULT IN THE THIRD DEGREE UNDER § 3–203.1 OF THIS 19
SUBTITLE IS A LESSER INCLUDED CRIME OF SE COND–DEGREE ASSAULT IF 20
SPECIFICALLY CHARGED BY THE STATE. 21

(2) A CHARGING DOCUMENT OR WARRANT FOR A CRIME DESCRIBED 22
IN § 3–203.1 OF THIS SUBTITLE IS SUFFICIENT IF IT SUBSTANTIALLY STATES: 23

“(NAME OF DEFENDANT) ON (DATE) IN (COUNTY) COMMITTED ASSAULT IN THE 24
THIRD DEGREE AGAINST (NAME OF VICTIM ) IN VIOLATION OF § 3–203.1 OF THE 25
CRIMINAL LAW ARTICLE AGAINST THE PEACE, GOVERNMENT, AND DIGNITY OF THE 26
STATE.”. 27

[(d)] (E) (1) To be found guilty of reckless endangerment under § 3 –204 of 28
this subtitle, a defendant must be charged specifically with reckless endangerment. 29

(2) A charging document for reckless endangerment under § 3 –204 of this 30
subtitle is sufficient if it substantially states: 31

“(name of defendant) on (date) in (county) committed reckless endangerment in 32
violation of § 3–204 of the Criminal Law Article against the peace, government, and dignity 33
of the State.”. 34
4 SENATE BILL 514

(3) If more than one individual is endangered by the conduct of the 1
defendant, a separate charge may be brought for each individual endangered. 2

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

(i) include a count for each individual endangered by the conduct of 5
the defendant; or 6

(ii) contain a single count based on the conduct of the defendant, 7
regardless of the number of individuals endangered by the conduct of the defendant. 8

(5) If the general form of charging document described in paragraph (2) of 9
this subsection is used to charge reckless endangerment under § 3–204 of this subtitle in a 10
case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars. 11

3–209. 12

(a) Subject to [subsection] SUBSECTIONS (b) AND (C) of this section, a person 13
charged with a crime under § 3–202, § 3–203, § 3–203.1, § 3–204, or § 3–205 of this subtitle 14
may assert any judicially recognized defense. 15

(b) The discovery or perception of, or belief about, another person’s race, color, 16
national origin, sex, gender identity, sexual orientation, religious beliefs, or disabi lity, 17
whether or not accurate, is not a defense to the crime of assault in any degree. 18

(C) A PHYSICAL INJURY OF A VICTIM RESULTING FROM A VIOLATION OF § 19
3–203.1 OF THIS SUBTITLE IS NOT A DEFENSE TO A C HARGE UNDER § 3–203.1 OF 20
THIS SUBTITLE. 21

Article – Courts and Judicial Proceedings 22

2–607. 23

(c) (1) A commissioner shall receive applications and determine probable 24
cause for the issuance of charging documents. 25

(2) A commissioner shall advise arrested persons of their constitutional 26
rights, set bond or commit persons to jail in default of bond or release them on personal 27
recognizance if circumstances warrant, and conduct investigations and inquiries into the 28
circumstances of any matter presented to the commissioner in order to determine if 29
probable cause exists for the issuance of a charging document, warrant, or criminal 30
summons and, in general, perform all the functions of committing magistrates as exercised 31
by the justices of the peace prior to July 5, 1971. 32

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(3) There shall be in each county, at all times, one or more commissioners 1
available for the convenience of the public and police in obtaining charging documents, 2
warrants, or criminal summonses and to advise arrested persons of their rights as required 3
by law. 4

(4) A commissioner may exercise the powers of office in any county to which 5
the commissioner is assigned by the Chief Judge of the District Court or a designee of the 6
Chief Judge of the District Court. 7

(5) The Chief Judge of the District Court may authorize one or more 8
commissioners to perform the duties of a commissioner regarding persons arrested in a 9
county other than the county in which the commissioner resides and for which the 10
commissioner was appointed when the arrested persons are brought before the 11
commissioner by a peace officer of the jurisdiction in which that arrest was made. 12

(6) (i) An individual may file an application for a statement of charges 13
with a District Court commissioner. 14

(ii) On review of an application for a statement of charges, a District 15
Court commissioner may issue a summons or an arrest warrant. 16

(iii) [A] EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 17
SUBSECTION, A District Court commissioner may issue an arrest warrant only on a finding 18
that: 19

1. There is probable cause to believe that the defendant 20
committed the offense charged in the charging document; and 21

2. A. The defendant previously has failed to respond to a 22
summons that has been personally served or a citation; 23

B. The whereabouts of the defendant are unknown and the 24
issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court; 25

C. The defendant is in custody for another offense; or 26

D. There is probable cause to believe that the defendant poses 27
a danger to another person or to the community. 28

(iv) On a finding of good cause, a judge of the District Court or a judge 29
of a circuit court may recall an arrest warrant issued by a District Court commissioner 30
under this paragraph and issue a summons in its place. 31

(7) A DISTRICT COURT COMMISSIONER MAY NOT ISSUE AN ARREST 32
WARRANT IF THE APPLI CATION FOR A STATEME NT OF CHARGES ALLEGE S THE 33
6 SENATE BILL 514

COMMISSION OF ONLY A SSAULT IN THE THIRD DEGREE UNDER § 3–203.1 OF THE 1
CRIMINAL LAW ARTICLE. 2

4–301. 3

(b) Except as provided in § 4 –302 of this subtitle, the District Court also has 4
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 5
a corporation is charged with: 6

(1) Commission of a common–law or statutory misdemeanor regardless of 7
the amount of money or value of the property involved; 8

(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 9
Article, whether a felony or a misdemeanor; 10

(3) Violation of a county, municipal, or other ordinance, if the violation is 11
not a felony; 12

(4) Criminal violation of a State, county, or municipal rule or regulation, if 13
the violation is not a felony; 14

(5) Doing or omitting to do any act made punishable by a fine, 15
imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 16
regulation defining the violation if the violation is not a felony; 17

(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 18
misdemeanor; 19

(7) Violation of § 8 –203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 20
8–209 of the Criminal Law Article, whether a felony or misdemeanor; 21

(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 22
whether a felony or misdemeanor; 23

(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 24
felony or a misdemeanor; 25

(10) Violation of § 9–1106 of the Labor and Employment Article; 26

(11) Violation of § 8 –301 of the Criminal Law Article, whether a felony or 27
misdemeanor; 28

(12) Violation of § 2–209 of the Criminal Law Article; 29

(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 30

(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 31
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(15) Violation of § 10 –604, § 10 –605, § 10 –606, § 10 –607, § 10 –607.1, or § 1
10–608 of the Criminal Law Article, whether a felony or misdemeanor; 2

(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 3
whether a felony or misdemeanor; 4

(17) Violation of § 20–102 of the Transportation Article, whether a felony or 5
misdemeanor; 6

(18) Violation of § 8–801 of the Criminal Law Article; 7

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

(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 9

(21) Violation of § 16 –801, § 16–802, § 16–803, or § 16 –804 of the Election 10
Law Article; 11

(22) Violation of § 3–203(c) of the Criminal Law Article; 12

(23) Violation of § 11 –208 of the Criminal Law Article as a second or 13
subsequent offense; 14

(24) Violation of § 11 –721 of the Criminal Procedure Article as a second or 15
subsequent offense; [or] 16

(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 17

(26) VIOLATION OF § 3–203.1 OF THE CRIMINAL LAW ARTICLE. 18

4–302. 19

(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 20
of the District Court is concurrent with that of the circuit court in a criminal case: 21

(i) In which the penalty may be confinement for 3 years or more or 22
a fine of $2,500 or more; or 23

(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 24
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this 25
subtitle. 26

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 27
circuit court does not have jurisdiction to try a case charging a violation of § 3–203.1, § 28
5–601, or § 5–620 of the Criminal Law Article. 29
8 SENATE BILL 514

(ii) A circuit court does have jurisdiction to try a case charging a 1
violation of § 3–203.1, § 5–601, or § 5–620 of the Criminal Law Article if the defendant: 2

1. Properly demands a jury trial; 3

2. Appeals as provided by law from a final judgment entered 4
in the District Court; or 5

3. Is charged with another offense arising out of the same 6
circumstances that is within a circuit court’s jurisdiction. 7

Article – Criminal Procedure 8

10–110. 9

(a) A person may file a petition listing relevant facts for expungement of a police 10
record, court record, or other record maintained by the State or a political subdivision of 11
the State if the person is convicted of: 12

(1) a misdemeanor that is a violation of: 13

(vii) § 3–203, § 3–203.1, or § 3–808 of the Criminal Law Article; 14

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16

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