Definition of 'Child' Under Maryland Criminal Law

Under Maryland law, a "child" is defined as any person under the age of 18. 

Read the Law: Md. Code, Courts and Judicial Proceedings § 3–8A–01

There are some cases where the state courts will treat a child as an adult based on the crime committed. These exceptions include when:

•  A child at least 14 years old has committed a crime that, if committed by an adult, would be punishable by life in prison.
• A child at least 16 years old is charged with any of the following crimes:
  • abduction,
  • kidnapping,
  • second degree murder or attempted second degree murder,
  • manslaughter (except involuntary manslaughter),
  • second degree rape or attempted second degree rape,
  • robbery or attempted robbery,
  • second or third degree sexual offense or attempted second degree sexual offense,
  • violations of gun control regulations,
  • gun violations related to a drug trafficking crime,
  • conspiracy, or
  • use of a regulated gun in committing a felony, carjacking or armed carjacking, first degree assault, handgun or machine gun violations.
• A child has previously been convicted as an adult of a felony and is charged with another felony. 

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-03

A Child’s Right to a Lawyer in Juvenile Court

Children who have been charged with committing a delinquent act have the right to a lawyer in juvenile court.  

• A child has the right to a lawyer at every stage of the juvenile court proceedings.
• A child’s parents, guardians or custodians can never "waive" (give up) the child’s right to a lawyer.
• A child can "waive" (give up) his or her right to a lawyer only if:

1. A petition is filed with the court,
2. The child has spoken to a lawyer,
3. While the lawyer is in the room, the child tells the court he/she wants to give up his or her rights to a lawyer, and
4. The court decides that (a) the child understands what the request means and (b) he/she was not forced to make the request (the request is voluntary).

Read the Law: Md. Code, Courts and Judicial Proceedings. § 3-8A-20