Section

[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR3.2]

[Page 11-13]

TITLE 45--PUBLIC WELFARE

SUBTITLE A--DEPARTMENT OF HEALTH

AND HUMAN SERVICES

PART 3_CONDUCT OF PERSONS AND TRAFFIC ON THE NATIONAL INSTITUTES OF HEALTH

FEDERAL ENCLAVE--Table of Contents

Subpart A_General

Sec. 3.2 Applicability.

(a) The regulations in this part apply to all areas in the enclave

and to all persons on or within the enclave, except as otherwise

provided.

(b) The regulations in this part do not apply to occupants, their

visitors, and other authorized persons in areas used as living quarters:

(1) When specifically made inapplicable, and

(2) In the case of the following provisions: Sec. 3.24 Parking

permits; Sec. 3.25 Servicing of vehicles; Sec. 3.42 Hobbies and

sports; and Sec. 3.42(f) Smoking.

in the United States Code, including title 18 relating to crimes and

criminal procedure, and title 21 relating to food and drugs, which

apply:

(1) Without regard to the place of the offense, or

(2) To areas (such as the enclave) subject to the ``special maritime

and territorial jurisdiction of the United States,'' as defined in Title

18 United States Code section 7.

(d) In accordance with the Assimilative Crimes Act (18 U.S.C. 13),

whoever is found guilty of an offense which, although not made

punishable by any act of Congress, nor any provision of these

regulations, would be punishable if committed within the State of

Maryland, shall be guilty of a like offense and subject to a like

punishment. In the event of an irreconcilable conflict between a

provision of this part and a Maryland statute governing the identical

subject matter, this part shall control.

(e) Federal criminal statutes which apply. The following Federal

criminal statutes in the United States Code apply to Federal enclaves

and elsewhere without regard to the place of the offense. This listing

is provided solely for the information of the public and is not all-

inclusive. The omission of other Federal statutes does not mean that

such other statutes do not apply. In any given situation, the cited

statutory provisions and any amendments in effect when the alleged

offense occurred shall determine the specifics of the offense,

applicability, and penalty.

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Subject U.S. Code Provides generally Maximum penalty

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1. By force or threat of force, 18 U.S.C. 245.......... Prohibits.............. Not involving death or

willful injury, intimidation or bodily injury:

interference with, or attempts to Imprisonment one year

injure, intimidate or interfere and/or $1,000 fine.

with, a person from participating in

or enjoying any benefit, service,

privilege, program, facility, or

activity, provided by or

administered by the U.S., and

engaging in certain other Federal

protected activities.

2. Malicious destruction or damage, 18 U.S.C. 844(f)....... Prohibits.............. First offense not

by an explosive, to a building or involving death or

other property owned, possessed, personal injury:

used, or leased by the U.S., U.S. Imprisonment 10 years

agency, or any organization and/or $10,000 fine

receiving Federal financial and seizure and

assistance. forfeiture of

explosive materials.

3. Possession of explosive in 18 U.S.C. 844(g)....... Prohibits, except with Imprisonment one year

buildings owned, possessed, used, or written consent of the and/or $1,000 fine and

leased by U.S. or U.S. agency. agency. seizure and forfeiture

of explosive

materials.

[[Page 12]]

4. Use of or carrying an explosive to 18 U.S.C. 844(h)....... Prohibits.............. First offense:

commit, or during commission of, a Imprisonment 10 years

felony prosecutable in a U.S. court. and seizure and

forfeiture of

explosive materials.

5. Use of or carrying a firearm 18 U.S.C. 924(c)....... Prohibits.............. First offense:

during and in relation to any crime Imprisonment 5 years

of violence prosecutable in a U.S. and $5,000 fine and

court. seizure and forfeiture

of firearm and

ammunition.

6. Manufacture, distribution, 21 U.S.C. 841, 842, Prohibits, except as First offense:

dispensing, or possession with 843, 845. authorized by the Imprisonment 20 years

intent to do these acts, of Controlled Substances and/or $250,000 fine

narcotics and other controlled Act (generally 21 depending on the

substances and counterfeit U.S.C. 801-904). amount and kind of

substances. substance (twice the

above penalties for

distribution by a

person at least 18

years of age to one

under age 21).

7. Simple possession of narcotics or 21 U.S.C. 844.......... Prohibits, unless First offense:

other controlled substances. substance obtained Imprisonment 1 year

directly, or pursuant and/or $5,000 fine.

to prescription or

order, from a

practitioner, acting

in the course of

professional practice,

or as otherwise

authorized under the

Controlled Substances

Act.

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(f) Maryland criminal statutes that apply. The matters described in

this paragraph are governed, in whole or in part, by the current version

of the cited Maryland criminal statutory provisions, which are made

Federal criminal offenses under the Assimilative Crimes Act (18 U.S.C.

13). This listing sets forth areas of conduct particularly relevant to

the enclave and is provided solely for the information of the public.

The list is not all-inclusive and omission of other Maryland criminal

statutes does not mean that such other statutes are not assimilated as

Federal offenses under the Act. Generally, other Maryland criminal

statutes will apply on the enclave, by force of the Act, unless

superseded by Federal Law or a given provision of this part. In any

given situation, the cited statutory provisions and any amendments in

effect when the alleged offense occured shall determine the specifics of

the offense, applicability, and penalty.

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Subject Maryland code annotated Provides generally Maximum penalty

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1. Pedestrian right-of-way........... Transportation, Sec. 21- Pedestrians have the Imprisonment 2 months

502. right-of-way in and/or $500 fine.

crosswalks and certain

other areas. Subject

to certain limitations.

Sec. 21-511............ Blind, partially blind, $500 fine.

or hearing impaired

pedestrians have the

right-of-way at any

crossing or

intersection. Subject

to certain limitations.

2. Drivers to exercise due care...... Transportation, Sec. 21- Drivers shall exercise $500 fine.

504. due care to avoid

colliding with

pedestrians, children

and incapacitated

individuals.

3. Driving while intoxicated, under Transportation, Sec. 21- Prohibits.............. Sec. 21-902(a) (driving

the influence of alcohol and/or a 902. while intoxicated,

drug or controlled substance. first offense):

Imprisonment 1 year

and/or $1,000 fine.

Sec. 21-902 (b), (c),

(d) (driving under the

influence):

Imprisonment 2 months

and/or $500 fine.

4. Unattended motor vehicles......... Transportation, Sec. 21- Prohibits leaving motor $500 fine.

1101. vehicles unattended

unless certain

precautions are taken.

5. Carrying or wearing certain Article 27, Sec. 36.... Prohibits, except for Imprisonment 3 years or

concealed weapons (other than law enforcement $1,000 fine.

handguns) or openly with intent to personnel or as a

injure. reasonable precaution

against apprehended

danger.

[[Page 13]]

6. Unlawful wearing, carrying, or Article 27, Sec. 36B... Prohibits except by law First offense and no

transporting a handgun, whether enforcement personnel prior related offense:

concealed or openly. or with permit. Imprisonment 3 years

and/or $2,500 fine.

7. Use of handgun or concealable Article 27, Sec. 36B... Prohibits.............. Imprisonment 20 years.

antique firearm in commission of

felony or crime of violence.

8. Disturbance of the peace.......... Article 27, Sec. 122... Prohibits acting in a Imprisonment 30 days

disorderly manner in and/or $500 fine.

public places.

9. Gambling.......................... Article 27, Secs. 240, Prohibits betting, Sec. 240: Imprisonment

245. wagering and gambling, one year and/or $1,000

and certain games of fine. Sec. 245:

chance (does not apply Imprisonment 2 years

to vending or and/or $100 fine.

purchasing lottery

tickets authorized

under State law in

accordance with

approved procedures).

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