How Does Maryland Define a Storehouse?
Maryland Criminal Law § 6-201 provides the definitions that apply to the burglary statutes. Storehouse retains its judicially determined meaning. The statute also states that storehouse includes a building or other construction, or a watercraft; a barn, stable, pier, wharf, and any facility attached to a pier or wharf; a storeroom or public building; and a trailer, aircraft, vessel, or railroad car. This definition is intentionally broad. It covers structures and conveyances that are not dwellings. The purpose of the definition is to identify the places that can be the subject of a burglary charge involving a storehouse rather than a dwelling.
How Does the Definition Apply to Burglary Charges?
The definition of storehouse is central to fourth-degree burglary under § 6-205. A person may not break and enter the storehouse of another. A person with the intent to commit theft also may not be in or on the storehouse of another, or in a yard, garden, or other area belonging to the storehouse of another. Because storehouse includes buildings that are not dwellings, as well as barns, piers, trailers, and railroad cars, a charge can arise from entry into a commercial building, a detached storage structure, or certain vehicles and vessels. The State must still prove the elements of the specific subsection charged, including any required intent. Ownership of the storehouse is not a defense to the charge.
What Is the Maximum Penalty?
Burglary in the fourth degree is a misdemeanor. The maximum penalty under § 6-205 is 3 years in prison. There is no separate fine listed in the statute for this offense. Because the maximum penalty exceeds 90 days, the defendant may pray a jury trial and move the case from District Court to the Circuit Court for Baltimore County. Higher degrees of burglary involve dwellings and carry substantially higher maximum penalties. The charging document will identify whether the alleged location is treated as a storehouse or a dwelling.
Where Are Storehouse Burglary Cases Heard in Baltimore County?
Fourth-degree burglary cases begin in District Court in Towson, Essex, or Catonsville, depending on the location of the alleged offense. A jury-trial prayer moves the case to the Circuit Court for Baltimore County, which sits only in Towson. Motions addressing whether the location qualifies as a storehouse under § 6-201, and motions challenging the evidence of breaking, entering, or intent, are heard in the court that will try the case. The specific facts of the location—whether it is a commercial building, a barn, a trailer, or another listed structure—determine how the definition applies.
Common Issues Involving the Storehouse Definition
Common issues include whether the structure or conveyance falls within the statutory definition, whether it is a dwelling rather than a storehouse, and whether the State has proven the required breaking, entering, or intent. A trailer or railroad car can qualify as a storehouse. A public building or storeroom also qualifies. The judicially determined meaning of storehouse continues to inform the analysis when the statute’s inclusive list does not clearly resolve the question. The State must prove each element beyond a reasonable doubt. Evidence of the physical characteristics of the location and its use is relevant to the classification.
What to Do If You Are Charged
If you are charged with burglary involving a storehouse in Baltimore County, the charging document will show which District Court location was assigned and the specific subsection. Shepard Law represents clients facing these charges in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense lawyer Stephen P. Shepard can review the facts and explain how the storehouse definition applies.
Storehouse retains its judicially determined meaning and includes a building or other construction, watercraft, barn, stable, pier, wharf, storeroom, public building, trailer, aircraft, vessel, or railroad car under § 6-201.
Yes. The definition expressly includes a trailer.
The maximum penalty under § 6-205 is 3 years in prison.
Yes. The maximum penalty exceeds 90 days, so the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County in Towson.
Cases begin in District Court in Towson, Essex, or Catonsville and can be moved to the Circuit Court in Towson by a jury-trial prayer.
No. Ownership is not a defense to a burglary charge involving a storehouse.
