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Maryland General Assembly· SB0360Approved by the Governor - Chapter 401 (Chapter 401)

Criminal Law - Emergency Response Animal - Prohibited Actions Against, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor                  Ch. 401

Chapter 401

                             (Senate Bill 360)

AN ACT concerning

Criminal Law – Emergency Response Animal – Prohibited Actions Against

FOR the purpose of repealing the prohibition against intentionally inflicting bodily harm,
         permanent disability, or death on an animal owned or used by a law enforcement
         unit; prohibiting a person from harassing, interfering with, injuring, or killing or
         causing serious physical injury to an emergency response animal; and generally
         relating to law enforcement animals.

BY repealing and reenacting, with amendments,
         Article – Criminal Law
         Section 10–606
         Annotated Code of Maryland
         (2021 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Criminal Law
         Section 10–606.1
         Annotated Code of Maryland
         (2021 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Criminal Law

10–606.
         (a) (1) In this section, “sexual contact with an animal” means any act:

             (i) involving:

                   1. a person touching the sex organ or anus of an animal;

                   2. contact between:

                                    A. the sex organ or anus of a person and the mouth, sex
organ, or anus of an animal; or

                                    B. the sex organ or anus of an animal, and the mouth, sex
organ, or anus of a person; or

                             –1–
Ch. 401                                 2026 LAWS OF MARYLAND

               3. insertion of:

                                    A. any part of the body of a person into the opening of the
vagina or anus of an animal;

                                    B.  any part of an animal’s body into the opening of the vagina
or anus of a person; or

               C. any object into the opening of the vagina or anus of an

animal; and

                           (ii) committed for the purpose of sexual arousal, sexual gratification,
abuse, or financial gain.

             (2) “Sexual contact with an animal” does not include:

               (i) an accepted veterinary practice;

               (ii) artificial insemination of an animal for reproductive purposes;

               (iii) accepted animal husbandry practices, including:

               1. grooming;

               2. raising;

               3. breeding;

               4. assisting with the birthing process; or

               5. any other activity that provides care for an animal; or

               (iv) generally accepted practices relating to the judging of breed

confirmation.

(b) A person may not:

             (1) intentionally:

               (i) mutilate an animal;

               (ii) torture an animal;

               (iii) cruelly beat an animal;

               (iv) cruelly kill an animal; or

                                        –2–
WES MOORE, Governor  Ch. 401

                           (v) engage in sexual contact with an animal; OR

                  (2) cause, procure, or authorize an act prohibited under item (1) of this
subsection[; or

                  (3) except in the case of self–defense, intentionally inflict bodily harm,
permanent disability, or death on an animal owned or used by a law enforcement unit].

         (c) (1) A person who violates this section is guilty of the felony of aggravated
cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a
fine not exceeding $5,000 or both.

                  (2) As a condition of sentencing, the court may:

                           (i) order a defendant convicted of violating this section to:

                                    1. participate in and pay for psychological counseling; and

                                    2. pay, in addition to any other fines and costs, all reasonable
costs incurred in removing, housing, treating, or euthanizing an animal confiscated from
the defendant; and

                           (ii) prohibit a defendant from owning, possessing, or residing with
an animal for a specified period of time.

10–606.1.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “EMERGENCY RESPONSE ANIMAL” MEANS:

                         (I) A DOG USED BY A LAW ENFORCEMENT UNIT IN THE STATE

THAT IS TRAINED FOR LAW ENFORCEMENT WORK AND IS SUBJECT TO THE CONTROL
OF A LAW ENFORCEMENT OFFICER WHO HAS COMPLETED HANDLER TRAINING IN
ACCORDANCE WITH THE POLICIES OF THE LAW ENFORCEMENT UNIT THAT EMPLOYS

THE OFFICER;

                         (II) A HORSE USED BY A LAW ENFORCEMENT UNIT IN THE STATE
FOR LAW ENFORCEMENT WORK; OR

                         (III) A SEARCH AND RESCUE DOG TRAINED FOR OR ENGAGED IN
AN EFFORT DIRECTED BY A STATE AGENCY OR A POLITICAL SUBDIVISION OF THE
STATE TO LOCATE OR RESCUE A LOST, INJURED, OR DECEASED INDIVIDUAL; OR

                                                           –3–
Ch. 401             2026 LAWS OF MARYLAND

                         (IV) A HORSE USED IN A SEARCH AND RESCUE EFFORT DIRECTED
BY A STATE AGENCY OR A POLITICAL SUBDIVISION OF THE STATE TO LOCATE OR
RESCUE A LOST, INJURED, OR DECEASED INDIVIDUAL.

                (3) “LAW ENFORCEMENT UNIT” HAS THE SAME MEANING STATED IN §
10–101 OF THE CRIMINAL PROCEDURE ARTICLE.

           (3) (4)  “SERIOUS PHYSICAL INJURY” MEANS PHYSICAL INJURY

THAT CAUSES PERMANENT OR PROTRACTED:

           (I) DISFIGUREMENT;

           (II) LOSS OF THE FUNCTION OF ANY BODILY MEMBER OR

ORGAN; OR

           (III) IMPAIRMENT OF THE FUNCTION OF ANY BODILY MEMBER

OR ORGAN.

        (B) (1) A PERSON MAY NOT INTENTIONALLY HARASS OR INTERFERE WITH

AN EMERGENCY RESPONSE ANIMAL DURING THE LAWFUL PERFORMANCE OF THE

EMERGENCY RESPONSE ANIMAL’S DUTIES.

                (2) A PERSON MAY NOT INTENTIONALLY INJURE AN EMERGENCY
RESPONSE ANIMAL.

                (3) A PERSON MAY NOT VIOLATE PARAGRAPH (1) OR (2) OF THIS
SUBSECTION DURING THE COMMISSION OF A CRIME.

                (4) A PERSON MAY NOT INTENTIONALLY KILL OR CAUSE SERIOUS
PHYSICAL INJURY TO AN EMERGENCY RESPONSE ANIMAL.

        (C) (1) A PERSON WHO VIOLATES SUBSECTION (B)(1) OR (2) OF THIS

SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO

IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $5,000 OR
BOTH.

                (2) A PERSON WHO VIOLATES SUBSECTION (B)(3) OR (B)(4) OF THIS

SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO

IMPRISONMENT NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $15,000
$10,000 OR BOTH.

                    –4–
                         WES MOORE, Governor  Ch. 401

                (3) A PERSON WHO VIOLATES SUBSECTION (B)(4) OF THIS SECTION IS

GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT

NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.

        (D) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED

SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR

ANY CRIME BASED ON THE ACT ESTABLISHING THE VIOLATION OF THIS SECTION.

(E) (D)  (1) NOTHING IN THIS SECTION PROHIBITS A DEFENDANT FROM

ASSERTING THE DEFENSE OF NECESSITY OR SELF–DEFENSE TO A CHARGE OF

VIOLATING THIS SECTION.

                (2) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF VIOLATING THIS

SECTION THAT THE DEFENDANT ACTED REASONABLY TO PREVENT PHYSICAL HARM

RESULTING FROM A VIOLATION OF THE MARYLAND USE OF FORCE STATUTE UNDER
§ 3–572 OF THE PUBLIC SAFETY ARTICLE.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

                         –5–
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