Legal Question in Criminal Law in Maryland

Re: statue of limitations

Under Maryland's Constitution, Section 2, ch. 371, Acts 1991, provides that "there is no statute of limitations for a misdemeanor punishable by imprisonment in the penitentiary, notwithstanding any holding or dictum to the contrary in Massey v. State, 320 Md. 605, 579 A.2d 265 (1990)."

This is corroborated through Maryland Code which states, "(b) Misdemeanor punishable by imprisonment in penitentiary. -- Notwithstanding � 9-103 (a) (3) of the Correctional Services Article or any other provision of the Code, if a statute provides that a misdemeanor is punishable by imprisonment in the penitentiary or that a person is subject to this subsection:

(1) The State may institute a prosecution for the misdemeanor at any time; and

(2) For purposes of the Maryland Constitution, the person:

(i) Shall be deemed to have committed a misdemeanor whose punishment is confinement in the penitentiary; and

(ii) May reserve a point or question for in banc review as provided under Article IV, � 22 of the Maryland Constitution."

Re: statue of limitations

In Maryland there is no statute of limitations on grand theft, which is a felony.