Section

[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR3.2]

[Page 11-13]

TITLE 45--PUBLIC WELFARE

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.
(c) All regulations in this part are in addition to the provisions
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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