Maryland Code, CRIMINAL PROCEDURE 11-107
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-107
- assault: means assault in any degree unless a specific degree of assault is specified. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(b) “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act.
(c) “Health officer” has the meaning stated in § 1-101 of the Health – General Article.
(d) “HIV” means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS).
(e) (1) “Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C.
(2) “Prohibited exposure” includes:
(i) contact that occurs on penetration, however slight, between the penis and the vulva or anus; and
(ii) contact between the mouth and the penis, vulva, or anus.
(f) (1) “Victim” means the victim of a prohibited exposure.
(2) “Victim” includes:
(i) a law enforcement officer who is exposed to HIV or hepatitis C while acting in the performance of duty;
(ii) a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV or hepatitis C while acting in the performance of duty;
(iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV or hepatitis C while acting in the performance of duty; and
(iv) an individual who is licensed, certified, or otherwise authorized to provide health care under the Health Occupations Article who is exposed to HIV or hepatitis C while working under the direction of a law enforcement agency or while performing a sexual assault medical evidence collection examination.
(g) “Victim’s representative” means:
(1) the parent of a victim who is a minor;
(2) the legal guardian of a victim; or
(3) the person authorized to give consent for the victim under § 5-605 of the Health – General Article.