Gang Prosecution Act: Md. prosecutors want tougher anti-gang law

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Amid rash of violence, they say statute is too broad, penalties weak

As soon as Maryland's Gang Prosecution Act went into effect in 2007, prosecutors in Harford County tested it, filing charges against a group that had stabbed and beaten a man.

But when prosecutors couldn't show how the attack had furthered a criminal conspiracy, as required under the new law, the judge balked. They had to drop the gang charges and move forward with simple assault.

"It's a very unworkable statute. ... Most prosecutors haven't really bothered to do anything with it," said Harford County State's Attorney Joseph I. Cassilly, who contends that the law is watered-down and useless. "We need to go back through and look at the whole statute and, you know, redraft it correctly."

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Md. prosecutors want tougher anti-gang law -- baltimoresun.com

Gang Prosecution Act
Md. Code sections 9-801 through 9-804

• Threatening violence against people for leaving a gang is a misdemeanor, punishable by up to two years in prison and a $1,000 fine. Doing so within a school zone doubles the penalties.

• Knowingly participating in a criminal gang engaging in a pattern of certain criminal behavior is illegal and punishable by up to 10 years in prison and a $100,000 fine. If the criminal behavior led to death, the prison term can be doubled.