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MARYLAND STATUTES AND CODES

Section 5-704 - Maliciously or negligently setting fires; duty to report fire.

§ 5-704. Maliciously or negligently setting fires; duty to report fire.
 

(a)  Maliciously setting fires.- Any individual or corporation that willfully, maliciously, or with intent, sets on fire, or causes to be set on fire, any woods, brush, grass, grain, or stubble, on land not his own, is guilty of a misdemeanor and upon conviction is subject to a fine not less than $25 nor exceeding $2,000, or imprisonment for not less than 30 days nor exceeding five years, or both with costs imposed in the discretion of the court. 

(b)  Negligently setting fires.- An individual or corporation may not carelessly or negligently set on fire, or cause to be set on fire any woods, brush, grass, grain, or stubble resulting in damage to the property of another. Setting a fire contrary to the provisions of this subsection, or allowing it to escape to the injury of adjoining lands, is prima facie proof of carelessness or neglect within the meaning of this subsection. The landowner from whose land the fire originated also is liable in a civil action for damages for injury resulting from the fire, and for the cost of fighting and extinguishing the fire, unless he can prove to the satisfaction of the court before which the case is tried that the injury complained of was suffered without any negligence on the part of the owner or his agents. 

(c)  Duty to extinguish or report uncontrolled forest or brush fire.- Any person who discovers a forest or brush fire not under the control of some person shall extinguish it or report it to the local fire warden. 

(d)  Section not to contravene other provisions of law concerning liability for fires.- The provisions of this section do not contravene other provisions of law relating to the liability for fires of railroad companies. 
 

[An. Code 1957, art. 66C, §§ 351-353; 1973, 1st Sp. Sess., ch. 4, § 1.] 
 

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