Section 8-302 - Motion to vacate judgment for acts of prostitution committed under duress(a)(1) In this section the following words have the meanings indicated.(2) "Qualifying offense" means: (i) unnatural or perverted sexual practice under § 3-322 of the Criminal Law Article, as that offense existed before October 1, 2023;(ii) possessing or administering a controlled dangerous substance under § 5-601 of the Criminal Law Article;(iii) possessing or purchasing a noncontrolled substance under § 5-618 of the Criminal Law Article;(iv) possessing or distributing controlled paraphernalia under § 5-620(a)(2) of the Criminal Law Article;(v) fourth-degree burglary under § 6-205 of the Criminal Law Article;(vi) malicious destruction of property in the lesser degree under § 6-301(c) of the Criminal Law Article;(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article;(viii) misdemeanor theft under § 7-104 of the Criminal Law Article;(ix) misdemeanor obtaining property or services by bad check under § 8-103 of the Criminal Law Article;(x) possession or use of a fraudulent government identification document under § 8-303 of the Criminal Law Article;(xi) public assistance fraud under § 8-503 of the Criminal Law Article;(xii) false statement to a law enforcement officer or public official under § 9-501, § 9-502, or § 9-503 of the Criminal Law Article;(xiii) disturbing the public peace and disorderly conduct under § 10-201 of the Criminal Law Article;(xiv) indecent exposure under § 11-107 of the Criminal Law Article;(xv) prostitution under § 11-303 of the Criminal Law Article;(xvi) driving with a suspended registration under § 13-401(h) of the Transportation Article;(xvii) failure to display registration under § 13-409(b) of the Transportation Article;(xviii) driving without a license under § 16-101 of the Transportation Article;(xix) failure to display license to police under § 16-112(c) of the Transportation Article;(xx) possession of a suspended license under § 16-301(j) of the Transportation Article;(xxi) driving while privilege is canceled, suspended, refused, or revoked under § 16-303 of the Transportation Article;(xxii) owner failure to maintain security on a vehicle under § 17-104(b) of the Transportation Article;(xxiii) driving while uninsured under § 17-107 of the Transportation Article;(xxiv) prostitution or loitering as prohibited under local law;(xxv) unauthorized use under § 14-102 of the Transportation Article; or(xxvi) soliciting or offering to solicit prostitution or assignation under § 11-306 of the Criminal Law Article.(3) "Victim of human trafficking" means a person who has been subjected to an act of another committed in violation of:(i) Title 3, Subtitle 11 of the Criminal Law Article; or(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States Code.(b) A person convicted of a qualifying offense may file a motion to vacate the judgment if the person's participation in the offense was a direct result of being a victim of human trafficking.(c) A motion filed under this section shall:(2) be made within a reasonable period of time after the conviction;(3) describe the evidence and include copies of any documents showing that the movant is entitled to relief under this section;(4) be served on the State's Attorney in the jurisdiction where the conviction for the qualifying offense occurred; and(5) if the qualifying offense occurred within 5 years before the filing of the motion, be mailed to any victim or victim's representative at the victim's or victim's representative's last known address.(d)(1) The court may grant a motion filed under this section on a finding based on a preponderance of the evidence that the movant committed the qualifying offense as a direct result of being a victim of human trafficking.(2) When making a finding under this subsection, the court shall consider:(i) the length of time between the offense and the trafficking of the movant;(ii) the dynamics of the relationship between the movant and the person committing trafficking against the movant; and(iii) any other relevant evidence.(e) The court may grant a motion filed under this section without a hearing if: (1) the State's Attorney consents to the motion;(2) no objection to the relief requested has been filed by a victim or victim's representative; and(3) at least 60 days have elapsed since notice and service under subsection (c) of this section.(f) The court may dismiss a motion filed under this section without a hearing if the court finds that:(1) the motion fails to assert grounds on which relief may be granted;(2) the motion offers no additional evidence beyond that which has previously been considered by the court; or(3) the movant acted fraudulently or in bad faith in filing the motion.(g)(1) If a court grants a motion filed under this section, the court shall vacate the conviction.(2) The court shall state the reasons for its ruling on the record.(h) A movant in a proceeding under this section has the burden of proof.(i) A conviction that has been vacated under this section may not be considered a conviction for any purpose.Amended by 2023 Md. Laws, Ch. 797, Sec. 1, eff. 10/1/2023.Amended by 2023 Md. Laws, Ch. 796, Sec. 1, eff. 10/1/2023.Amended by 2023 Md. Laws, Ch. 687, Sec. 1, eff. 10/1/2023.Amended by 2023 Md. Laws, Ch. 686, Sec. 1, eff. 10/1/2023.Amended by 2020 Md. Laws, Ch. 127, Sec. 1, eff. 6/1/2020.Amended by 2020 Md. Laws, Ch. 126, Sec. 1, eff. 6/1/2020.Amended by 2019 Md. Laws, Ch. 22, Sec. 2, eff. 10/1/2019.Amended by 2019 Md. Laws, Ch. 21, Sec. 2, eff. 10/1/2019.