Does a Maryland tax evasion conviction disqualify someone from staying registered to vote or running for local office?

Plain-English summary

Harford County's election board asked the Attorney General whether Lehman W. Spry, a candidate for county council who had just pleaded guilty to willfully evading state income tax, had committed an "infamous crime" under Article 33, section 3-4(c) of the Maryland Code, a category of conviction that disqualifies a person from remaining a registered voter. The opinion concluded that willful state tax evasion was an infamous crime, reasoning that Maryland's highest court had already treated comparable federal tax evasion offenses as inherently involving fraud, deceit, and dishonesty in attorney discipline cases, and that the same reasoning applied to Spry's state tax offense. Because losing voter registration also meant Spry no longer met the county charter's requirement that a council candidate be a qualified voter, the conviction disqualified him from that office as well. The Attorney General later attached an appendix, issued the following year, listing which Maryland statutory and common-law offenses qualify categorically as "infamous crimes" for voter registration purposes.

Currency note

This opinion was issued in 1982. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The opinion applied Article 33 of the Maryland Code (the state's 1982-era election law) and Article 81 (the 1982-era tax article), both of which have since been recodified into different articles of the Maryland Code, along with the felony disenfranchisement provisions of the Maryland Constitution as they stood in 1982. Maryland's rules on which convictions disqualify a person from voting have changed substantially since 1982, including later constitutional and statutory amendments narrowing and restructuring felon disenfranchisement. Anyone researching whether a current Maryland conviction affects voter eligibility should consult the current Election Law Article and Maryland's present felon voting-rights statutes rather than relying on this opinion's 1982 analysis.

Common questions

Did the Maryland Attorney General decide that all tax crimes are "infamous crimes"?
Not all of them. The opinion addressed willful tax evasion specifically and found it categorically infamous based on how Maryland's courts had already characterized comparable federal offenses. The opinion's footnote 5 separately noted that a lesser offense, failing to file a return, was not automatically infamous and instead depended on the facts of each case.

Why did a tax conviction affect this person's ability to run for county council?
Because Harford County's charter required a county council candidate to be a "qualified voter of the County," and Article 33 of the 1982 Maryland Code disqualified anyone convicted of an infamous crime from continued voter registration. Once the opinion concluded the tax evasion conviction was an infamous crime, Spry lost his voter registration and, with it, his eligibility for the office.

What did the Attorney General mean by "infamous crime"?
The opinion explained that Article 33's definition covered "any felony, treason, perjury, or any crime involving an element of deceit, fraud or corruption," a codification of a common-law concept covering offenses that carried a "moral taint." The opinion relied on Court of Appeals decisions holding that federal tax evasion inherently involves fraud, deceit, and dishonesty to conclude the same was true of the comparable Maryland offense.

Is there a list of which Maryland crimes count as "infamous crimes"?
The opinion's appendix, issued the following year, compiled an index of Maryland statutory and common-law offenses the Attorney General's office had identified as infamous crimes, plus a separate list of commonly encountered offenses that are not. The index was described as more comprehensive than earlier lists but not exhaustive, since some offenses can only be classified as infamous or not based on the specific facts of a conviction.

Background and statutory framework

Lehman W. Spry was a candidate in the 1982 Democratic Primary for Harford County Council, District D, and had been a registered Harford County voter since 1970. On June 22, 1982, he pleaded guilty in the Circuit Court for Harford County to violating Article 81, section 221 of the Maryland Code by willfully giving incorrect and misleading information on his 1980 state income tax return, resulting in an additional $5,001.69 in tax owed. He was sentenced to three and a half years of supervised probation, a suspended $2,500 fine, and a partially suspended one-year prison term.

The Harford County Board of Supervisors of Elections asked whether this conviction was an "infamous crime" under Article 33, section 3-4(c) of the Maryland Code, which barred continued voter registration for anyone convicted of theft or another infamous crime (subject to pardon or completed-sentence exceptions), because that classification would determine both Spry's voter registration and, through the county charter's qualified-voter requirement for council candidates and Article 33's separate registered-voter requirement for local office, his eligibility to run.

Article 33, section 1-1(a)(9) defined "infamous crime" as "any felony, treason, perjury, or any crime involving an element of deceit, fraud or corruption," which the opinion traced to a common-law concept covering offenses that carried enough "moral taint" that a person convicted of them should not be trusted to testify in legal proceedings, citing Garitee v. Bond and State v. Bixler. The opinion then turned to Court of Appeals precedent in attorney discipline cases holding that federal willful tax evasion under 26 U.S.C. section 7201 "involves moral turpitude, and is infested with fraud, deceit, and dishonesty" as a matter of law, in Maryland State Bar Ass'n v. Agnew and Maryland State Bar Ass'n v. Callanan, and that understating income under 26 U.S.C. section 7206(1) was similarly infamous per se, in Attorney Grievance Commission of Maryland v. Swerdloff and Attorney Grievance Commission of Maryland v. Lebowitz. Because the language of Maryland's Article 81, section 221 closely tracked the federal tax evasion statute, and because Spry's own guilty-plea record recited an intent to evade payment of state income tax, the opinion concluded his conviction was infamous under the Agnew/Swerdloff line of cases, and separately noted (citing Attorney Grievance Commission of Maryland v. Barnes and distinguishing Attorney Grievance Commission of Maryland v. Walman) that the specific facts of his plea, including falsified records and deceptive statements, would independently support that conclusion even without a per se rule.

A subsequent declaratory judgment action, Board of Supervisors of Elections v. Spry, confirmed the same conclusions: that the Article 81, section 221 conviction was an infamous crime under Article 33, section 3-4(c), that Spry's registration was properly cancelled under Article 33, section 3-18(c), and that he was disqualified as a council candidate under both Article 33, section 4A-1 and the Harford County Charter. No appeal was taken.

The following year, the Attorney General's office issued an appendix index to this opinion, cataloging Maryland statutory and common-law offenses treated as infamous crimes for voter-registration purposes, plus a separate list of commonly encountered non-disqualifying offenses, reproduced in full below as it appeared in the bound opinion.

Citations

Statutes:

• Article 33, §3-4(c)
• Md. Const. art. I, §4
• Article 33, §1-1(a)(9)
• 26 U.S.C. §7201
• 26 U.S.C. §7206(1)
• Article 81, §221
• Article 33, §4A-1
• Harford County Charter §207
• Article 33, §3-18(c)
• Article 81, §320
• 26 U.S.C. §7203

Cases:

• Garitee v. Bond, 102 Md. 379, 383 (1905)
• State v. Bixler, 62 Md. 354, 360 (1884)
• Maryland State Bar Ass'n v. Agnew, 271 Md. 543, 551 (1974)
• Maryland State Bar Ass'n v. Callanan, 271 Md. 554 (1974)
• Attorney Grievance Commission of Maryland v. Swerdloff, 279 Md. 296, 299 (1977)
• Attorney Grievance Commission of Maryland v. Lebowitz, 290 Md. 499 (1981)
• Attorney Grievance Commission of Maryland v. Barnes, 286 Md. 474, 480 (1979)
• Attorney Grievance Commission of Maryland v. Walman, 280 Md. 453, 462 (1977)
• Board of Supervisors of Elections v. Spry, Law No. 12084/21/85 (Cir. Ct. for Harford Co. 1982)

Source

• Landing page: https://oag.maryland.gov/resources-info/Pages/attorney-general%E2%80%99s-opinions.aspx
• Original PDF: https://oag.maryland.gov/resources-info/Documents/pdfs/Opinions/1982/Volume67_1982.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ELECTIONS

Infamous Crimes—Tax Evasion—Voter Registration—Willful Tax Evasion Results in Loss of Registration—Index to Infamous Crimes

July 28, 1982

Harold J. Talley, Esq.
Counsel,
Harford County Board of Supervisors of Elections

As counsel to the Harford County Board of Supervisors of Elections, you have asked for our opinion on whether the recent conviction of Lehman W. Spry for willfully providing false information on his State tax return constitutes the conviction of an "infamous crime" within the meaning of Article 33, §3-4(c) of the Maryland Code.

For the reasons outlined below, we believe that it does.

I
Background

Lehman W. Spry is a candidate in the Democratic Primary, to be held on September 14, 1982, for the Harford County Council, District D. He has been registered to vote in Harford County since 1970.

A. The Conviction

On June 22, 1982, Spry pleaded guilty in the Circuit Court for Harford County to having violated Article 81, §221 of the Maryland Code in that, as specified in the Criminal Information, he "willfully and with intent to evade the payment of State income tax [gave] incorrect, untrue, and misleading information" on a 1980 Maryland State Personal Income Tax Return.

In the Agreed Statement of Facts that accompanied his guilty plea, Spry acknowledged that "his statement on line 5 [of the 1980 Return] was knowingly and willfully false" and that, "[a]s a result of this false representation, an additional income tax of Five Thousand One Dollar and Sixty-Nine Cents ($5,001.69) is due the State of Maryland", exclusive of interest or penalties.

The Court accepted Spry's plea of guilty and, on June 22, 1982, sentenced him to 3½ years of supervised probation, in addition to a suspended fine of $2,500, and a partially suspended sentence of 1 year imprisonment.

B. The Issue

Harford County Charter §207 requires a County Councilman to be a "qualified voter of the County". In addition, Article 33, §4A-1 of the Maryland Code provides that a person seeking nomination to any local office "must be a registered voter of the particular county or district in which he seeks to be nominated".

Article 33, §3-4(c), however, provides that:

"No person shall be registered as a qualified voter if he has been convicted of theft or other infamous crime, unless he has been pardoned, or, in connection with his first such conviction only, he has completed any sentence imposed pursuant to that conviction, including any period of probation imposed by virtue of parole or otherwise in lieu of a sentence or part of a sentence."1

The question then is whether Spry's conviction is a conviction of an "infamous crime" within the meaning of Article 33, §3-4(c), so as to disqualify him from continued registration as a qualified voter.2

1 This section implements Article I, §4 of the Maryland Constitution, which provides in relevant part that:

"The General Assembly by law may regulate or prohibit the right to vote of a person convicted of [an] infamous or other serious crime[.]"

2 The procedures for cancellation of one's voter registration are set forth in Article 33, §3-18(c).

II
Analysis

Article 33, §1-1(a)(9) defines "infamous crime" as meaning "any felony, treason, perjury, or any crime involving an element of deceit, fraud or corruption".

This definition is essentially a codification of the common law, which "regarded as infamous[,] because of their moral turpitude[,] the crimes of[] treason, felony, perjury, forgery and those other offenses, classified generally as crimen falsi, which impressed upon their perpetrator such a moral taint that to permit him to testify in legal proceedings would injuriously affect the public administration of justice". Garitee v. Bond, 102 Md. 379, 383 (1905). See also State v. Bixler, 62 Md. 354, 360 (1884) (defining "infamous crime" as including "such crime as involved moral turpitude"). See generally 60 Opinions of the Attorney General 245, 251 et seq. (1975).

The Court of Appeals has clearly characterized tax offenses comparable to Spry's as necessarily involving the very elements that constitute an "infamous crime". Thus, willful tax evasion in violation of 26 U.S.C. §7201 has been held to be a crime that, in and of itself, and without considering the underlying circumstances, "involves moral turpitude, and is infested with fraud, deceit, and dishonesty". Maryland State Bar Ass'n v. Agnew, 271 Md. 543, 551 (1974).3 See also Maryland State Bar Ass'n v. Callanan, 271 Md. 554 (1974).4 The Court of Appeals similarly has found that understating one's gross income in violation of 26 U.S.C. §7206(1) involves "moral turpitude" per se, because the "offense ... is similarly 'infested with fraud, deceit and dishonesty'". Attorney Grievance Commission of Maryland v. Swerdloff, 279 Md. 296, 299 (1977). See also Attorney Grievance Commission of Maryland v. Lebowitz, 290 Md. 499 (1981).5

Inasmuch as the federal tax offenses considered in Agnew and Swerdloff were deemed to be "infested with fraud, deceit and dishonesty", it follows that Spry's comparable State tax offense is one that, in the words of Article 33, §1-1(a)(9), at least "involv[es] an element of deceit, fraud or corruption".6

3 Echoing the common law characterization of an "infamous crime", as quoted above from Garitee v. Bond, 102 Md. 379, 383 (1905), the Court also noted that "the crime of willful tax evasion . . . constitutes conduct prejudicial to the administration of justice". Agnew, 271 Md. at 543.

4 The language used in Article 81, §221 is strikingly similar to that found in 26 U.S.C. §7201. The federal statute prohibits persons from "willfully attempt[ing] in any manner to evade or defeat any tax imposed by this title or the payment thereof". The State statute, somewhat more elaborately, prohibits persons from "wilfully or with the intent to evade the payment, or prevent or hinder the collection of any tax, fail[ing] to furnish any information, or to answer any interrogatory, or to file any report or list [as] required by this article, or giv[ing] any incorrect, untrue or misleading information or answer to any such interrogatory". Although §221, unlike §7201, refers to "evad[ing]" the payment of taxes in the alternative, it is significant that the specific Criminal Information to which Spry pleaded guilty refers twice to his offense as having been committed "willfully and with the intent to evade" the payment of State income tax.

5 Even "lesser" tax offenses, such as the failure to file a return in violation of 26 U.S.C. §7203 (or, by analogy, Article 81, §320) have been held, depending on the particular facts of the individual case, to constitute a crime involving "moral turpitude". Compare Attorney Grievance Commission of Maryland v. Barnes, 286 Md. 474, 480 (1979): "We think that Barnes' misconduct, considered in the light of the total circumstances revealed by the record, involved moral turpitude since his intention was to cheat the government and his fellow citizens by avoiding payment of the substantial taxes justly due." with Attorney Grievance Commission of Maryland v. Walman, 280 Md. 453, 462 (1977): "[N]o evidence has been presented to show that respondent's failure to file the returns was accompanied by a fraudulent or dishonest intent. Nor does the record reflect an intent to avoid the ultimate payment of taxes. There is no suggestion, for example, that respondent falsified records, made deceptive statements to Internal Revenue agents, testified untruthfully, committed any other act of dishonesty, or was guilty of further misconduct. No evidence has ever been uncovered by either the I.R.S. or petitioner to refute respondent's explanation for his conduct: that it resulted from his inability to pay."

6 In our view, even if a violation of Article 81, §221 were not, by analogy to Agnew and Swerdloff, deemed to be an "infamous crime" per se, the particular circumstances of Spry's offense, as evidenced by the Criminal Information and the Agreed Statement of Facts, would nevertheless require a conclusion that this particular conviction was for a crime involving "deceit, fraud or corruption". Unlike the facts in Walman, we here have a record that reflects, for example, "an intent to avoid the ultimate payment of taxes", "falsified records", and "deceptive statements".

As such, it clearly is an "infamous crime" within the meaning of Article 33, §3-4(c).

III
Conclusion

In summary, it is our opinion that the conviction of Lehman W. Spry of having violated Article 81, §221 of the Maryland Code is a conviction of an "infamous crime" within the meaning of Article 33, §3-4(c) of the Maryland Code. Consequently, he is disqualified from continued registration as a qualified voter.

Stephen H. Sachs, Attorney General
Avery Aisenstark, Chief Counsel, Opinions and Advice

Editor's Note: In a subsequent declaratory judgment proceeding, the Circuit Court for Harford County ruled that "[a] conviction for violating §221 of Article 81 of the Maryland Code is an 'infamous crime' within the meaning of §3-4(c) of Article 33"; that "Spry's voting registration is cancelled pursuant to Board action under §3-18(c) of Article 33"; and that "Spry is disqualified as a candidate for County Council pursuant to §4A-1 of Article 33 and §207 of the Harford County Charter". Board of Supervisors of Elections v. Spry, Law No. 12084/21/85 (Cir. Ct. for Harford Co., Declaratory Judgment filed August 20, 1982). No appeal was taken.

APPENDIX

Editor's Note: Since the issuance of the preceding Opinion, the Attorney General prepared an index of offenses that, under Maryland law, are "infamous crimes". This index, issued on August 30, 1983, applies the criteria for "infamous crimes" discussed in the preceding Opinion and, previously, in 60 Opinions of the Attorney General 245 (1975) and 58 Opinions of the Attorney General 301 (1973). See also 62 Opinions of the Attorney General 924 (1977).

The index, although far more comprehensive than any previously available, is
not exhaustive. It contains only those crimes that, by their very nature, are
"infamous". It excludes crimes that may or may not be "infamous" depending on
the particular facts, for example, as discussed in note 5 of the preceding
Opinion, conviction for failure to file a tax return in violation of Article
81, §320 of the Maryland Code. This index is as follows:

                           I
                   "INFAMOUS CRIMES"

A.           Criminal Code        (Article 27)
§2          Child abduction
§2A(d)      Child abduction—outside the state
§6          Arson
§7          Arson
§8(c)       Arson
§9          Arson
§10(a)      Arson
§10A        Arson
§11         Arson
§12         Assault with intent to murder, rape or rob
§18         Bigamy
§23         Bribery
§24         Bribery
§25         Bribery
§26         Bribery
§27         Bribery
§28         Bribery
§29         Burglary
§30         Burglary
§32         Burglary
§33         Burglary
§34         Burglary with explosives
§35A        Child abuse
§36A-1      Carrying weapons aboard aircraft
§44         Counterfeiting and forgery
§45         Counterfeiting and forgery—public documents
§45A        False entries—public records
§46         Counterfeiting—public seals
§47         Counterfeiting—Comptroller's stamp
§48         Forgery and uttering
§49         Forgery—inspection documents
§50         Forgery—tobacco export
§51         False marking
§52         Tobacco inspection offense
§53         Counterfeiting and forgery—State stock
§54         Counterfeiting and forgery—food canning instruments
§55         Counterfeiting and forgery—prescriptions
§56         Counterfeiting and forgery—tickets and tokens
§57         Slugs—use
§58         Slugs—manufacture
§61         Injuring of race horse
§112        Railroad cars—breaking and entering
§113        Railroad cars—destruction of property
§114        Railroad cars—breaking and entering
§115        Railroad cars—breaking and entering
§119        Dynamiting property [including conspiracy]
§126        Embezzlement
§127        Destroying or secreting will
§132        Embezzlement
§135        Fraud—maritime cargo
§139        Escape
§141        Bad checks
§145        Credit card fraud, theft, or forgery
§150        False reports to police
§151        False reports to government officials
§151A       False statements—bomb threats
§156        False fire alarms
§163        Fraud—bailments
§173        Fraud—partnership assets
§174        Fraud—corporation finances
§191A       Fraud—donated food commodities
§195        False advertising
§198        False advertising
§207        Conversion of leased goods
§209        Fraud—insurance companies
§214        Fraud—mortgaged property
§214B       Fraud—obtaining representation by Public Defender
§216        Fraud—special partnerships
§229        Fraud—merchandise in storage
§230        Fraud—medicinal alcohol
§230A       Welfare fraud
§230C       Medicaid fraud
§233C       Fraud—pari-mutuel tickets
§234        Escape
§275A       Obstruction of justice—concealment of medical records
§286        Manufacture or distribution of drugs
§286A       Importation of drugs
§286B       Distribution of fake controlled substances
§287(b)     Fraud in obtaining drugs or paraphernalia
§287(c)     Fraud in obtaining drugs or paraphernalia
§289        Distribution of drugs
§300(g-1)(2) Fraud—prescription drugs
§335        Incest
§337        Kidnapping
§338        Kidnapping
§342        Theft [$300 or greater]
§373        Machine guns
§384        Mayhem
§385        Malicious injury
§386        Assault with intent to maim
§387        Manslaughter
§407        Murder
§408        Murder
§409        Murder
§410        Murder
§411        Murder
§419A       Child pornography
§428        Procuring and related offenses
§429        Procuring and related offenses
§430        Procuring and related offenses
§431        Procuring and related offenses
§432        Procuring and related offenses
§435        Perjury
§437        Perjury
§438        Subornation of perjury
§440        Impersonating police officers
§450        Attempt to poison person
§451        Poisoning or contaminating water, drink, food or food products [including conspiracy]
§453        Obstruction of railway
§454        Obstruction of railway—murder
§462        Rape
§463        Rape
§464        Sexual offenses
§464A       Sexual offenses
§464B       Sexual offenses
§486        Robbery
§486A       Robbery
§488        Robbery with deadly weapon
§536        Sabotage
§537        Sabotage
§538        Sabotage—attempt
§539        Sabotage—conspiracy
§553        Sodomy
§561        Threatening letters
§562        Threatening verbally
§562B       Extortion
§562C       Extortion
§562D       Extortion
§563        Extortion

B.           Other Statutes

Article 2B
§139(b)      Fraud—alcoholic beverages
§139(c)      Fraud—alcoholic beverages

Article 10
§45M(a)      Fraud—legal assistance

Article 21
§8-601(e)    Fraud—minority business enterprises
§8-601(f)    False statements—minority business enterprises
§9-107       Procurement offenses—architectural and engineering services—transportation
§9-108       Procurement offenses—architectural and engineering services—transportation
§9-109       Procurement offenses—architectural and engineering services—transportation
§9-110       Procurement offenses—architectural and engineering services—transportation
§9-111       Procurement offenses—architectural and engineering services—transportation
§9-112       Procurement offenses—architectural and engineering services—transportation
§9-113       Procurement offenses—architectural and engineering services—transportation
§9-114       Procurement offenses—architectural and engineering services—transportation
§9-115       Procurement offenses—architectural and engineering services—transportation
§9-207       Procurement offenses—architectural and engineering services
§9-208       Procurement offenses—architectural and engineering services
§9-209       Procurement offenses—architectural and engineering services
§9-210       Procurement offenses—architectural and engineering services
§9-211       Procurement offenses—architectural and engineering services
§9-212       Procurement offenses—architectural and engineering services
§9-213       Procurement offenses—architectural and engineering services
§9-214       Procurement offenses—architectural and engineering services
§9-215       Procurement offenses—architectural and engineering services

Article 23
§16A(a)      Misrepresentation—cemetery perpetual care

Article 31
§16          Fraud—public securities

Article 33
§7-2         False statements—nominating petitions
§23-4        Misrepresentation—referendum petitions
§23-5        False statements—referendum petitions
§24-1        False registration
§24-2        False voting
§24-3        Fraud—election officials
§24-7        False poll list
§24-9        False vote tally
§24-10       Stuffing ballot box
§24-12       Perjury—election
§24-13       Subornation of perjury—election
§24-14       Fraud—voting
§24-18       Destroying election records
§24-20       Fraud—election certificates
§24-22(a)(3) False statements—voting
§26-15       Perjury—campaign reports

Article 38A
§27A         Explosives—possession [including conspiracy]
§31          Explosives—sale

Article 41
§15B-1       Fraud—emergency powers
§103J(b)     Misrepresentation—charitable solicitations

Article 48A
§233         Fraud—insurance
§233A        Fraud—motor vehicle theft
§345         Misrepresentation—insurance policies
§486H        Fraud—insurance

Article 56
§81(b)       False statements—private detective licensing
§156B(b)     Tax evasion—fuel tax
§157F(i)     Fraud—gasoline sales
§261(a)(3),(4),(6) & (9)   Fraud—home improvements
§343(a)(4),(5) & (8)       False statements—land surveying
§365A        Fraud—franchises
§412(a) & (b)     Fraud—business opportunities
§415(b)      Fraud—business opportunities

Article 73B
§18          Fraud—pension system
§97          Fraud—pension system
§125         Fraud—pension system
§153         Fraud—pension system

Article 75½
§18(a)(4), (5) & (8)   Fraud—engineers

Article 75A
§14(a), (b),(d),(e) & (f)   False representation—accountants

Article 81
§221         Willful failure to file income tax
§302(b)      Fraudulent return—income tax
§312(f)(1)   Fraudulent exemption certificate—income tax
§369(a),(b) & (c)   Willful failure to pay sales tax
§369(d)      False statement—sales tax
§369(f)      Evasion—sales tax
§411(1) & (2)   Willful failure to pay amusement tax
§411(3)      False statements—amusement tax
§443         Forgery—cigarette tax stamps
§455         Cigarette tax offenses

Article 88A
§62(a)       Perjury—fraud—social services

Article 88B
§35          Perjury—fraud—State police retirement system
§61          Perjury—fraud—State police retirement system

Article 101
§41          False claims—workmen's compensation
§76(c)       Fraud—State Accident Fund

Agriculture
§4-123(9),(12),(13) & (15)   False statements or forgery—meat products
§4-123(19) & (20)   Bribery—meat products
§4-218(7),(11) & (12)   False statements—poultry products
§4-228(a)(1)(i),(ii) & (iv)   False statements—poultry product reports
§11-213(c)   Impersonation of inspection officers
§11-213(d)(1),(4),(5),(9) & (10)   Fraud—weights and measures
§11-307(a)   Misrepresentation—packaging
§11-310(a)   Misrepresentation—prices

Commercial Law
§12-304(a)   False advertising—consumer loans
§12-403(a)   False advertising—secondary mortgage loan
§13-301(1)-(9) & (11)   Deceptive trade practices
§14-12A-02(3) & (4)   Deceptive trade practices—waterproofing
§14-302(6), (11)   Deceptive trade practices—door-to-door sales
§14-903(a) & (b)   Misrepresentation—kosher products
§14-905(a) & (b)   Misrepresentation—kosher products
§14-908      Misrepresentation—kosher products
§18-202      Fraud—bills of lading
§18-203      Fraud—bills of lading
§18-204      Fraud—bills of lading
§18-205      Fraud—bills of lading
§18-206      Fraud—bills of lading
§18-207      Fraud—bills of lading
§18-303      Fraud—warehouse statements
§18-306      Fraud—warehouse statements

Corporations and Associations
§2-216(a)(3) False entries—corporate records
§11-301      Securities fraud
§11-302(a)   Securities fraud
§11-303      False statements—securities
§11-304(b)   Misrepresentation—securities
§11-904(b)(1)   Fraud—corporate take-over offers

Courts and Judicial Proceedings
§8-401(c)    Misrepresentation of facts on juror qualification form
§10-402      Wiretapping and interception of communications
§10-403      Possession of interception device
§10-412      Breaking and entering—wiretapping

Financial Institutions
§5-803       False bank records
§5-807(a)(1) False advertising—banking

Health—Environmental
§4-256(1)-(3),(5)-(7), & (10)   Misrepresentation—food, drugs and cosmetics
§4-258(b)(4)-(12)   Fraud—drugs
§4-259(1)    False reports—food and drugs
§4-1107      Barbiturates
§5-118       False entry—poison records
§7-265       Hazardous waste offenses
§9-1023      Fraud—water quality lab certification

Health—General
§4-226(c)    Alteration of vital records

Health Occupations
§2-401(b)    Fraud—audiologists
§2-402       Misrepresentation—audiologists
§2-403       False statements—audiologists
§2-404       Fraud—audiologists
§2-405       Fraud—audiologists
§3-502       Misrepresentation—chiropractors
§3-503       Fraud—chiropractors
§4-602       Misrepresentation—dentists
§5-602       Misrepresentation—electrologists
§6-502       Misrepresentation—morticians
§7-703       Misrepresentation—nurses
§7-704       Fraud—nurses
§7-705       Fraud—nurses
§8-402       Misrepresentation—nursing homes
§8-403       Fraud—nursing homes
§9-402       Misrepresentation—occupational therapists
§9-403       Misrepresentation—occupational therapists
§10-502      Misrepresentation—optometrists
§12-702      False representation—pharmacists
§12-704      Misrepresentation—pharmacists
§14-702      Misrepresentation—physicians
§14-703      False statements—physicians
§15-502      Misrepresentation—podiatrists
§16-402      Misrepresentation—psychologists
§17-401      Misrepresentation—sanitarians
§18-402      Misrepresentation—social workers
§18-403      Fraud—social workers
§18-404      False statements—social workers
§19-401(b)   Fraud—speech pathologists
§19-402      Misrepresentation—speech pathologists
§19-403      False statements—speech pathologists
§19-404      Fraud—speech pathologists
§19-405      Transfer of license—speech pathologists
§21-502      Misrepresentation—well drilling

Natural Resources
§1-207       Impersonating an officer

Transportation
§5-1008      Firearms or explosives aboard aircraft
§12-301(d)   Fraud—identification cards
§14-107(d)   Misrepresentation—vehicle registration
§14-110      Forgery—vehicle registration
§15-312(2) & (3)   Fraud—vehicle sales
§15-313(a)(1)   False advertising—vehicle sales
§15-314(1)   Misrepresentation—vehicle sales—licensing
§15-411(4)   Misrepresentation—vehicle sales—licensing
§16-301(a), (b)(2) & (b)(3)   Fraud—driver's license
§22-415      Tampering with odometer

C.           Common Law Offenses
Arson, Mayhem, Bigamy, Murder, Burglary, Perjury, Forgery, Robbery,
Kidnapping, Sodomy, Manslaughter, Theft (attempt)


                         II
             NONDISQUALIFYING OFFENSES

The following is a list of some of the most frequently encountered
offenses that are not "infamous crimes":

Article 27
§8(b)        Arson—personal property, when damage is under $1,000
§10(b)       Arson—attempts to burn personal property or goods and wares
§15          Prostitution
§38          Conspiracy
§111         Malicious destruction of property
§121         Disturbing the peace
§122         Disturbing the peace
§123         Disorderly conduct
§268F        Harboring a fugitive
§268G        Harboring a prisoner
§287(a)      Drug possession
§287(d)      Possession of drug paraphernalia
§342         Theft [less than $300]
§388         Manslaughter by automobile
§464C        Fourth degree sexual offense
§490         Rogues and vagabonds

Common Law Offense
Assault