§ 9-303. Retaliation for testimony  


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  •    (a) Prohibited. -- A person may not intentionally harm another, threaten to harm another, or damage or destroy property with the intent of retaliating against a victim or witness for:

       (1) giving testimony in an official proceeding; or

       (2) reporting a crime or delinquent act.

    (b) Solicitation prohibited. -- A person may not solicit another person to intentionally harm another, threaten to harm another, or damage or destroy property with the intent of retaliating against a victim or witness for:

       (1) giving testimony in an official proceeding; or

       (2) reporting a crime or delinquent act.

    (c) Penalty. --

       (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both.

       (2) If the official proceeding or report described in subsection (a) of this section relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

    (d) Sentence. -- A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.


HISTORY: An. Code 1957, art. 27, § 762; 2002, ch. 26, § 2; 2005, ch. 461.