Am I Guilty of Harboring a Fugitive if I Know the Person Failed to Appear in Court?

Full question:

If a person failed to appear in criminal court in Baltimore County (MD)in 2005 for posing as a contractor without a license and failure to complete contract and a warrant was issued, am I breaking any laws by letting him stay at my house?

• Category: Criminal
• Date: 04/07/2025
• State: Maryland

Answer:

Harboring a fugitive refers to the crime of knowingly hiding a wanted criminal from the authorities. Federal and state laws, which vary by state, govern the crime of harboring a fugitive. Although supplying funds may make one an accessory after the fact, supplying financial assistance to a fugitive does not rise to the level of harboring or concealing. The federal statute, 18 U.S.C. § 1071, requires proof of four elements: (1) proof that a federal warrant had been issued for the fugitive' s arrest, (2) that the accused had knowledge that a warrant had been issued, (3) that the accused actually harbored or concealed the fugitive, and (4) that the accused intended to prevent the fugitive' s discovery or arrest.

Please see the following Maryland statute to determine applicability:

§ 9-402 CRIM. LAW Harboring fugitive prohibited; penalty.

(a) Scope of section. — This section does not apply if the warrant is
for a traffic offense.

(b) Prohibited. — To prevent arrest. — A person may not harbor a
fugitive to prevent the fugitive's discovery or arrest after:

(1) being notified, or otherwise knowing, that a felony warrant was issued
for the arrest of the fugitive; and

(2) being notified that harboring the fugitive is a crime.

(c) Same — To avoid prosecution, custody, or confinement. — A person
may not knowingly harbor a fugitive who is avoiding:

(1) prosecution;

(2) custody; or

(3) confinement after conviction of a felony.

(d) Penalty. — A person who violates this section is guilty of a
misdemeanor and on conviction is subject to imprisonment not exceeding 1
year or a fine not exceeding $1,000 or both.