Maryland Supreme Court Hears Case On Whether Defendant “Promoted” A Criminal Organization
The Maryland Supreme Court recently heard arguments involving a criminal defendant by the name of Jamal Williams. According to prosecutors, Williams should be found guilty of “promoting a criminal organization” for standing next to a codefendant who spray-painted a gang symbol on a public wall. The case is Jamal Antione Williams v. State of Maryland. Arguments by both sides have centered around § 9-805 of the Maryland Criminal Law Code. This law prohibits an individual from: “Organizing, supervising, promoting, sponsoring, financing, or managing” a criminal organization. The law has a maximum prison sentence of 20 years, a fine of up to $1 million, or both.
Defense attorneys are arguing that Williams’ actions did not amount to the “promotion” of a criminal organization. Further, they say that the statute’s legislative history indicates that it was meant to target gang kingpins and not individuals like Williams. Attorneys for Williams argue that the court should narrow the definition of “promote” to only include “act[s] that actively advance the underlying crimes of a criminal organization in a way that is consistent with a leadership role.” Prosecutors, on the other hand, want to open up the definition of “promote” to include Williams’ conduct.
Ultimately, the prosecutors want to turn a misdemeanor offense of defacing public property into a major crime with a 20-year prison sentence.
The definition of “promote”
The legal definition of the word “promote” is a central issue in the Williams case. Williams’ defense argues that the law should be narrowly interpreted to target only the leaders of criminal organizations or individuals who are involved in ongoing criminal activity. The statute is currently targeting an individual who was standing next to someone else when they spray-painted a gang symbol on a public wall.
The state is arguing that a broader interpretation of the statute with mens rea is sufficient to gain a conviction. Mens rea refers to the defendant’s state of mind during the commission of a crime. It literally means “guilty mind” in Latin, and is an element of most criminal prosecutions. The prosecution argues that the defendant had criminal intent.
This case highlights the delicate balance between the state’s interest in eliminating gang-related criminal activity and the protection of individual rights such as freedom of expression and freedom of association. The Supreme Court’s decision will define the scope of the term “promote” and determine what sorts of actions constitute the “promotion of a criminal organization.”
This case has become a test case for our state’s gang promotion law. Does the law violate the First Amendment? Should the law apply to anyone affiliated with a gang or only gang leaders? These are the questions that the court has been tasked with answering.
Talk to a Bel Air, MD, Criminal Defense Lawyer Today
Schlaich & Thompson, Chartered, represents the interests of Bel Air residents charged with serious crimes. Call our Bel Air criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
Source:
thedailyrecord.com/2025/06/18/maryland-gang-promotion-graffiti-case/
