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2006 LAWS OF MARYLAND
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Ch. 300
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(ii) As an audio subcarrier intended for redistribution to facilities
open to the public, but not including data transmissions or telephone calls.
(f) (1) A person who engages in conduct in violation of this subtitle is subject
to suit by the federal government or by the State in a court of competent jurisdiction,
if the communication is:
(i) A private satellite video communication that is not scrambled or
encrypted and the conduct in violation of this subtitle is the private viewing of that
communication, and is not for a tortious or illegal purpose, or for purposes of direct or
indirect commercial advantage, or private commercial gain; or
(ii) A radio communication that is transmitted on frequencies
allocated under Subpart D of Part 74 of the Rules of the Federal Communications
Commission that is not scrambled or encrypted and the conduct in violation of this
subtitle is not for a tortious or illegal purpose or for purpose of direct or indirect
commercial advantage or private commercial gain.
(2) (i) The State is entitled to appropriate injunctive relief in an action
under this subsection if the violation is the person's first offense under subsection
(e)(1) of this section and the person has not been found liable in a prior civil action
under § 10-410 of this subtitle.
(ii) In an action under this subsection, if the violation is a second or
subsequent offense under subsection (e)(1) of this section or if the person has been
found liable in a prior civil action under § 10-410 of this subtitle, the person is subject
to a mandatory civil fine of not less than $500.
(3) The court may use any means within its authority to enforce an
injunction issued under paragraph (2)(i) of this subsection, and shall impose a civil
fine of not less than $500 for each violation of an injunction issued under paragraph
(2)(i) of this subsection.
10-406.
(a) The Attorney General, State Prosecutor, or any State's Attorney may apply
to a judge of competent jurisdiction, and the judge, in accordance with the provisions
of § 10-408 of this subtitle, may grant an order authorizing the interception of wire,
oral, or electronic communications by investigative or law enforcement officers when
the interception may provide or has provided evidence of the commission of:
(1) Murder;
(2) Kidnapping;
[(3) Child pornography under § 11-207, § 11-208, or § 11-208.1 of the
Criminal Law Article;
(4) Gambling;
(5) Robbery under § 3-402 or § 3-403 of the Criminal Law Article;
(6) A felony under Title 6, Subtitle 1 of the Criminal Law Article;
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