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Statutes Text

Article - Criminal Law




§3–904.

    (a)    The General Assembly declares that:

        (1)    the protection and preservation of the home is the keystone of democratic government;

        (2)    the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy and, when absent from their homes, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes;

        (3)    the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants;

        (4)    the purpose of this practice is to harass the occupants of the residences and dwelling places;

        (5)    without resort to this practice, full opportunity exists, and under the provisions of this article will continue to exist, for the exercise of freedom of speech and other constitutional rights; and

        (6)    the provisions of this section are necessary in the public interest to avoid the detrimental results described in this subsection.

    (b)    This section does not prohibit:

        (1)    picketing or assembly in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article;

        (2)    picketing in a lawful manner of a person’s home when it is also the person’s sole place of business; or

        (3)    holding a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.

    (c)    A person may not intentionally assemble with another in a manner that disrupts a person’s right to tranquility in the person’s home.

    (d)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

        (2)    Each day on which a violation of this section occurs is a separate violation.

    (e)    In addition to the penalty provided in subsection (d) of this section, a circuit court:

        (1)    may enjoin conduct proscribed by this section; and

        (2)    in the proceeding for injunctive relief, may award damages, including punitive damages, against any person found guilty of violating this section.



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