Index
(a) In this section, "motor vehicle" has the meaning stated in § 11-135 of the Transportation Article.
(b) (1)An individual commits the offense of carjacking when the individual obtains unauthorized possession or control of a motor vehicle from another individual in actual possession by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.
(2) An individual commits the offense of armed carjacking when the individual employs or displays a deadly or dangerous weapon during the commission of a carjacking.
(c) An individual convicted of carjacking or armed carjacking is guilty of a felony and shall be sentenced to imprisonment for not more than 30 years.
(d) The sentence imposed under this section may be imposed separate from and consecutive to a sentence for any other offense arising from the conduct underlying the offenses of carjacking or armed carjacking.
(e) It is not a defense to the offense of carjacking or armed carjacking that the defendant did not intend to permanently deprive the owner of the motor vehicle
(a) "Motor vehicle" defined. In this section, "motor vehicle" has the meaning stated in § 11-135 of the Transportation Article.
(b) Prohibited—Carjacking.
(1) An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.
(2) A violation of this subsection is carjacking.
(c) Same—Armed carjacking.
(1) A person may not employ or display a dangerous weapon during the commission of a carjacking.
(2) A violation of this subsection is armed carjacking.
(d) Penalty. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(e) Sentencing. A sentence imposed under this section may be separate from and consecutive to a sentence for any other crime that arises from the conduct underlying the carjacking or armed carjacking.
(f) Prohibited defense. It is not a defense under this section that the defendant did not intend to permanently deprive the owner or possessor of the motor vehicle.
(a) Definitions. —
(2) "Curfew hours" means 12:00 a.m. until 5:00 a.m.
(b) Applicability.—The provisions of this section apply to code counties in the Eastern Shore class as established by Article 25B, § 2.
(c) Juvenile curfew ordinance—In general.—After making independent factual findings demonstrating a local need for a juvenile curfew, the county commissioners in their respective jurisdictions may adopt a juvenile curfew ordinance which may be adopted by a municipal corporation in the county.
(d) Same—Requirements.—A juvenile curfew ordinance shall state that:
(1) A minor may not remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours;
(2) A parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours; and
(3) The owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment within the local jurisdiction during curfew hours.
(e) Same—Applicability.—A juvenile curfew ordinance adopted under this section does not apply to a minor who is:
(1) Accompanied by the minor's parent or guardian;
(2) Performing an errand at the direction of the minor's parent or guardian, without a detour or stop, until 12:30 a.m.;
(3) Accompanied by a person at least 18 years of age and authorized by the minor's parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area;
(4) With consent of the minor's parent or guardian, involved in interstate travel through the local jurisdiction or beginning or ending in the local jurisdiction;
(5) Engaged in legal employment activity or is going to or returning home from a legal employment activity;
(6) Involved in an emergency;
(7) On the property where the minor resides or on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, if the adult resident of that property has given permission for the minor's presence;
(8) Attending or returning directly home from:
(i) A school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a voluntary association that takes responsibility for the minor; or
(ii) A place of public entertainment, including a movie, play, or sporting event;
(9) Exercising First Amendment rights under the United States Constitution, if the minor has first submitted to the chief of the local law enforcement agency a written communication that:
(i) Is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;
(ii) Includes the parent's or guardian's home address and telephone number; and
(iii) Specifies when, where, and in what manner the minor will be in a public place during curfew hours; or
(10) Remaining in a public place in a case of reasonable necessity if the minor's parent or guardian has communicated to the chief of the local law enforcement agency facts:
(i) Establishing the reasonable necessity; and
(ii) Designating:
1. The specific public place and the points of origin and destination for the minor's travel; and
2. The times the minor will be in the public place or traveling to or from the public place.
(f) Same—Violations.—
(1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of the juvenile curfew ordinance, the officer shall:
(i) Notify the minor that the minor is in violation of the juvenile curfew ordinance;
(ii) Require the minor to tell the officer the minor's name, address, telephone number, and where to contact the minor's parent or guardian;
(iii) Issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and
(iv) Order the minor to promptly go home.
(2) The chief of the local law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor's parent or guardian.
(g) Actions by local law enforcement agency.—The local law enforcement agency may take the minor:
(1) To the minor's home, if appropriate; or
(2) Into custody and transport the minor to a local law enforcement station or designated curfew center when:
(i) The minor has received one previous written warning for a violation of the juvenile curfew ordinance;
(ii) The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or
(iii) Taking the minor into custody is authorized under § 3-8A-14 of the Courts Article.
(h) Custody.—When a minor is taken into custody for a violation of the juvenile curfew ordinance, the local law enforcement officer shall:
(1) Immediately notify the parent or guardian of the minor to come to the local law enforcement station to take custody of the minor; and
(2) Determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance.
(i) Release from custody.—
(1) When a parent or guardian arrives at the local law enforcement station as a result of subsection (h) of this section, and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.
(2) If the parent or guardian cannot be located or fails to take charge of the minor, then the minor shall be released to the local Department of Social Services, the Department of Juvenile Services, or to another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.
(j) Civil citation.—
(1) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to:
(i) A minor;
(ii) A parent or guardian of a minor; or
(iii) An owner, operator, or employee of an establishment.
(2) The civil citation shall include a fine of:
(i) Not more than $ 500 for a first offense; or
(ii) Not more than $ 1,000 for a second or subsequent offense.
(a) Prohibited acts. -- A person may not:
(1) participate in a criminal gang knowing that the members of the gang engage in a pattern of criminal gang activity; and
(2) knowingly and willfully direct or participate in an underlying crime, or act by a juvenile that would be an underlying crime if committed by an adult, committed for the benefit of, at the direction of, or in association with a criminal gang.
(b) Commission of underlying crime resulting in death of victim. -- A person may not violate subsection (a) of this section that results in the death of a victim.
(c) Penalty. --
(1) (i) Except as provided in subparagraph (ii) of this paragraph, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 100,000 or both.
(ii) A person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 100,000 or both.
(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for a first offense may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this section.
(ii) A sentence imposed under paragraph (1)(i) of this subsection for a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from and consecutive to a sentence for any crime based on the act establishing a violation of this section.
(iii) A consecutive sentence for a second or subsequent offense shall not be mandatory unless the State notifies the person in writing of the State's intention to proceed against the person as a second or subsequent offender at least 30 days before trial.
(d) Charging documents. -- A person may be charged with a violation of this section only by indictment, criminal information, or petition alleging a delinquent act.
(e) Authority of Attorney General. --
(1) The Attorney General, at the request of the State's Attorney for a county in which a violation or an act establishing a violation of this section occurs, may:
(i) aid in the investigation of the violation or act; and
(ii) prosecute the violation or act.
(2) In exercising authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State's Attorney, including the use of the grand jury in the county, to prosecute the violation.
(3) Notwithstanding any other provision of law, in circumstances in which violations of this section are alleged to have been committed in more than one county, the respective State's Attorney of each county, or the Attorney General, may join the causes of action in a single complaint with the consent of each State's Attorney having jurisdiction over an offense sought to be joined.
(f) Powers of grand jury -- Offenses in other counties. -- Notwithstanding any other provision of law and provided at least one criminal gang activity of a criminal gang allegedly occurred in the county in which a grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and otherwise conduct an investigation of the alleged criminal gang's activities and offenses in other counties.
(a) Prohibition. -- A person may not organize, supervise, finance, or manage a criminal gang.
(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 100,000 or both.
(c) Separate and consecutive sentence. -- A sentence imposed under this section shall be separate from and consecutive to a sentence for any crime based on the act establishing a violation of this section.
(a) "School security officer" defined. --
(1) In this section, "school security officer" includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
(2) "School security officer" does not include a teacher.
(b) Model policy. -- By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Resources, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.
(c) Model policy -- Contents. -- The model policy developed under subsection (b) of this section shall include:
(1) A statement prohibiting gang activity in schools;
(2) A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;
(3) A definition of gang and gang activity;
(4) Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;
(5) Standard consequences and remedial actions for individuals found to have made false accusations;
(6) Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;
(7) Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;
(8) Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and
(9) Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
(d) Policy or regulations by local school system. --
(1) Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.
(2) The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.
(3) Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:
(i) Parents or guardians of students;
(ii) School employees and administrators;
(iii) School volunteers;
(iv) Students;
(v) Local law enforcement;
(vi) Gang prevention and intervention programs;
(vii) The Office of the Public Defender;
(viii) The Maryland State's Attorneys Association; and
(ix) Members of the community.
(e) Policy or regulations by local school system -- Submission to State Superintendent. -- Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.
(f) Policy or regulations by local school system -- Publication. -- Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.
(g) Policy or regulations by local school system -- Education programs. -- Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:
(1) An educational gang awareness program for students, staff, volunteers, and parents; and
(2) A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.
(h) Reporting of gang activity. --
(1) A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.
(2) The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.
(i) Meetings. --
(1) Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.
(2) The following individuals shall participate in the meetings described in paragraph (1) of this subsection:
(i) School principals;
(ii) School security officers;
(iii) Guidance counselors;
(iv) Local law enforcement officers;
(v) Representatives from the county State's Attorney's Office;
(vi) Representatives from the Office of the Public Defender;
(vii) Gang prevention and intervention program representatives; and
(viii) Any other individuals that the county superintendent considers appropriate.
(j) Coordination of efforts. -- Each county superintendent shall enter into a memorandum of understanding with the county State's Attorney's Office to foster coordination of gang prevention, intervention, and suppression efforts.
(k) Report. -- On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.
(a) In general. -- A person may not threaten an individual, or a friend or family member of an individual, with physical violence with the intent to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang.
(b) Penalties. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $ 1,000 or both.
(a) Activities on or near school vehicles or property. -- A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.
(b) Applicability. -- Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
(c) Penalties. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $ 4,000 or both.
(d) Merger with § 9-802 conviction prohibited. -- Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9-802 of this subtitle.
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Coerce. -- "Coerce" means to compel or attempt to compel another by threat of harm or other adverse consequences.
(c) Criminal gang. -- "Criminal gang" means a group or association of three or more persons whose members:
(1) individually or collectively engage in a pattern of criminal gang activity;
(2) have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and
(3) have in common an overt or covert organizational or command structure.
(d) Pattern of criminal gang activity. -- "Pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult, provided the crimes or acts were not part of the same incident.
(e) Solicit. -- "Solicit" has the meaning stated in § 11-301 of this article.
(f) Underlying crime. -- "Underlying crime" means:
(1) a crime of violence as defined under § 14-101 of this article;
(2) a violation of § 3-203 (second degree assault), § 4-203 (wearing, carrying, or transporting a handgun), § 9-302 (inducing false testimony or avoidance of subpoena), § 9-303 (retaliation for testimony), § 9-305 (intimidating or corrupting juror), § 11-303 (human trafficking), § 11-304 (receiving earnings of prostitute), or § 11-306 (a)(2), (3), or (4) (house of prostitution) of this article;
(3) a felony violation of § 3-701 (extortion), § 4-503 (manufacture or possession of destructive device), § 5-602 (distribution of CDS), § 5-603 (manufacturing CDS or equipment), § 6-103 (second degree arson), § 6-202 (first degree burglary), § 6-203 (second degree burglary), § 6-204 (third degree burglary), § 7-104 (theft), or § 7-105 (unauthorized use of a motor vehicle) of this article; or
(4) a felony violation of § 5-133 of the Public Safety Article.
(a) Activities on or near school vehicles or property. -- A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.
(b) Applicability. -- Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
(c) Penalties. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $ 4,000 or both.
(d) Merger with § 9-802 conviction prohibited. -- Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9-802 of this subtitle.
(a) "School security officer" defined. --
(1) In this section, "school security officer" includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
(2) "School security officer" does not include a teacher.
(b) Model policy. -- By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Resources, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.
(c) Model policy -- Contents. -- The model policy developed under subsection (b) of this section shall include:
(1) A statement prohibiting gang activity in schools;
(2) A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;
(3) A definition of gang and gang activity;
(4) Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;
(5) Standard consequences and remedial actions for individuals found to have made false accusations;
(6) Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;
(7) Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;
(8) Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and
(9) Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
(d) Policy or regulations by local school system. --
(1) Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.
(2) The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.
(3) Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:
(i) Parents or guardians of students;
(ii) School employees and administrators;
(iii) School volunteers;
(iv) Students;
(v) Local law enforcement;
(vi) Gang prevention and intervention programs;
(vii) The Office of the Public Defender;
(viii) The Maryland State's Attorneys Association; and
(ix) Members of the community.
(e) Policy or regulations by local school system -- Submission to State Superintendent. -- Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.
(f) Policy or regulations by local school system -- Publication. -- Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.
(g) Policy or regulations by local school system -- Education programs. -- Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:
(1) An educational gang awareness program for students, staff, volunteers, and parents; and
(2) A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.
(h) Reporting of gang activity. --
(1) A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.
(2) The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.
(i) Meetings. --
(1) Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.
(2) The following individuals shall participate in the meetings described in paragraph (1) of this subsection:
(i) School principals;
(ii) School security officers;
(iii) Guidance counselors;
(iv) Local law enforcement officers;
(v) Representatives from the county State's Attorney's Office;
(vi) Representatives from the Office of the Public Defender;
(vii) Gang prevention and intervention program representatives; and
(viii) Any other individuals that the county superintendent considers appropriate.
(j) Coordination of efforts. -- Each county superintendent shall enter into a memorandum of understanding with the county State's Attorney's Office to foster coordination of gang prevention, intervention, and suppression efforts.
(k) Report. -- On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.
(a) Any person who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of another shall be deemed guilty of a misdemeanor.
(b) If the amount of damage to the property defaced, destroyed, injured, or molested has a value of less than $300, the person who violates this section, on conviction, is subject to a fine not exceeding $500 or imprisonment not exceeding 60 days or both.
(c) If the amount of damage to the property defaced, destroyed, injured, or molested has a value of $300 or more, the person who violates this section, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years or both.
(d) (1) Except as provided in paragraph (2) of this subsection, two or more acts committed in violation of this section pursuant to one scheme or continuing course of conduct, whether from the same or several acts upon the property of one or several property owners, may be considered as one offense and the value of damage to the various properties may be aggregated in determining the penalty.
(2) If separate acts resulting in damage to the properties of one or several owners are set forth by separate counts within the same or separate charging documents, the separate counts may not be merged for sentencing.
(e) (1) The value of damage is not a substantive element of an offense under this section and need not be set forth in the charging document.
(2) Notwithstanding paragraph (1) of this subsection, a determination of valuation of damage shall be made based on the evidence and applied for the purpose of imposing the penalties established in this section.
(3) If it cannot be determined from the evidence
(f) (1) For the purposes of this section, an act of "graffiti" means a violation of this section by permanent drawing, permanent painting, or making of any permanent mark or inscription on the real or personal property of another without the permission of the owner of the real or personal property.
(2) In addition to the penalties provided in subsections (b) and (c) of this section, a person who violates this section by committing an act of graffiti shall be ordered to pay restitution or perform community service or both.
In making a disposition on a finding that a child at least 13 years old has committed a violation under § 111 of this article by committing an act of graffiti as defined in § 111(f)(1) of this article, the court shall order the child to perform community service or pay restitution or both.
(a) Prohibited. -- A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.
(b) Penalty -- Property damage of at least $500. -- A person who, in violation of this section, causes damage of at least $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
(c) Same -- Property damage of less than $500. -- A person who, in violation of this section, causes damage of less than $500 to the property is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
(d) Same -- Restitution for graffiti. --
(1) For purposes of this subsection, an act of "graffiti" means a permanent drawing, permanent painting, or a permanent mark or inscription on the property of another without the permission of the owner of the property.
(2) In addition to the penalties set forth in subsections (b) and (c) of this section, the court shall order a person convicted of causing malicious destruction by an act of graffiti to pay restitution or perform community service or both.
(3) Title 11, Subtitle 6 of the Criminal Procedure Article applies to an order of restitution under this subsection.
(e) Aggregation of damages. --
(1) Except as provided in paragraph (2) of this subsection, to determine a penalty, the court may consider as one crime the aggregate value of damage to each property resulting from one scheme or continuing course of conduct.
(2) If separate acts resulting in damage to the properties of one or more owners are set forth by separate counts in one or more charging documents, the separate counts may not be merged for sentencing.
(f) Value of damages. --
(1) The value of damage is not a substantive element of a crime under this section and need not be stated in the charging document.
(2) The value of damage shall be based on the evidence and that value shall be applied for the purpose of imposing the penalties established in this section.
(3) If it cannot be determined from the evidence whether the value of the damage to the property is more or less than $500, the value is deemed to be less than $500.
(d) Acts of graffiti. -- In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6-301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.