Maryland Code, CRIMINAL LAW 7-114
Terms Used In Maryland Code, CRIMINAL LAW 7-114
- Conviction: A judgement of guilt against a criminal defendant.
- County: means a county of the State or Baltimore City. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) “Revenue officer” includes:
(i) a clerk;
(ii) a notary public;
(iii) a register of wills;
(iv) a sheriff; and
(v) a tax collector.
(b) A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:
(1) 60 days after the date specified by law for the revenue officer to make payment; or
(2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.
(c) (1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.
(2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:
(i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and
(ii) is subject to any other penalty provided by law.
(d) A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article.
(e) In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.