Ch. 68                                      2003 LAWS OF MARYLAND

(2002 Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

8-301.

(a)     (1) In this section the following words have the meanings indicated.

(2)     "Payment device number" has the meaning stated in § 8-213 of this
title.

(3)     "Personal identifying information" means a name, address, telephone
number, driver's license number, Social Security number, place of employment,
employee identification number, mother's maiden name, bank or other financial
institution account number, date of birth, personal identification number, credit card
number, or other payment device number.

(b)     A person may not knowingly, willfully, and with fraudulent intent possess,
obtain, or help another to possess or obtain any personal identifying information of an
individual, without the consent of the individual, in order to use, sell, or transfer the
information to get a benefit, credit, good, service, or other thing of value in the name
of the individual.

(c)     A person may not knowingly and willfully assume the identity of another:

(1)     to avoid identification, apprehension, or prosecution for a crime; or

(2)     with fraudulent intent to:

(i) get a benefit, credit, good, service, or other thing of value; or
(ii) avoid the payment of debt or other legal obligation.

(d)     (1) A person who violates this section where the benefit, credit, goods,
services, or other thing of value that is the subject of subsection (b) or (c) of this
section has a value of $500 or greater is guilty of a felony and on conviction is subject
to imprisonment not exceeding [5] 20 years or a fine not exceeding [$5,000] $25,000
or both.

(2)     A person who violates this section where the benefit, credit, goods,
services, or other thing of value that is the subject of subsection (b) or (c) of this
section has a value of less than $500 is guilty of a misdemeanor and on conviction is
subject to imprisonment not exceeding 18 months or a fine not exceeding [$5,000]
$25,000 or both.

(3)     A person who violates this section under circumstances that
reasonably indicate that the person's intent was to manufacture, distribute, or
dispense another individual's personal identifying information without that
individual's consent is guilty of a felony and on conviction is subject to imprisonment
not exceeding [5] 20 years or a fine not exceeding [$5,000] $25,000 or both.

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