About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

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Article - Criminal Procedure
§8–302.  
(a)   A person convicted of prostitution under § 11–306 of the Criminal Law Article may file a motion to vacate the judgment if, when the person committed the act or acts of prostitution, the person was acting under duress caused by an act of another committed in violation of the prohibition against human trafficking under § 11–303 of the Criminal Law Article or under federal law.
(b)   A motion filed under this section shall:
(1)   be in writing;
(2)   be signed and consented to by the State’s Attorney;
(3)   be made within a reasonable period of time after the conviction; and
(4)   describe the evidence and provide copies of any documents showing that the defendant is entitled to relief under this section.
(c)    (1)   Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (b) of this section.
(2)   The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.
(d)    (1)   In ruling on a motion filed under this section, the court may vacate the conviction, modify the sentence, or grant a new trial.
(2)   The court shall state the reasons for its ruling on the record.
(e)   A defendant in a proceeding under this section has the burden of proof.