Ch. 607

LAWS OF MARYLAND

(E)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION OR IN SUBSECTION (F) OF THIS SECTION, A PERSON WHO
VIOLATES SUBSECTION (D) OF THIS SECTION IS SUBJECT TO A FINE OF
NOT MORE THAN $10,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS,
OR BOTH.

(2)  IF AN OFFENSE IS A FIRST OFFENSE UNDER PARAGRAPH
(1) OF THIS SUBSECTION AND IS NOT FOR A TORTIOUS OR ILLEGAL
PURPOSE OR FOR PURPOSES OF DIRECT OR INDIRECT COMMERCIAL
ADVANTAGE OR PRIVATE COMMERCIAL GAIN, AND THE WIRE OR ELECTRONIC
COMMUNICATION WITH RESPECT TO WHICH THE OFFENSE OCCURRED IS A
RADIO COMMUNICATION THAT IS NOT SCRAMBLED OR ENCRYPTED, AND:

(I)  THE COMMUNICATION IS NOT THE RADIO PORTION
OF A CELLULAR TELEPHONE COMMUNICATION, A PUBLIC LAND MOBILE RADIO
SERVICE COMMUNICATION, OR A PAGING SERVICE COMMUNICATION, THE
OFFENDER IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH; OR

(II)  THE COMMUNICATION IS THE RADIO PORTION OF
A CELLULAR TELEPHONE COMMUNICATION, A PUBLIC LAND MOBILE RADIO
SERVICE COMMUNICATION, OR A PAGING SERVICE COMMUNICATION, THE
OFFENDER IS SUBJECT TO A FINE OF NOT MORE THAN $500.

(3)  UNLESS THE CONDUCT IS FOR THE PURPOSE OF DIRECT
OR INDIRECT COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN,
CONDUCT WHICH WOULD OTHERWISE BE AN OFFENSE UNDER THIS SUBSECTION
IS NOT AN OFFENSE UNDER THIS SUBSECTION, IF THE CONDUCT CONSISTS
OF OR RELATES TO THE INTERCEPTION OF A SATELLITE TRANSMISSION
THAT IS NOT ENCRYPTED OR SCRAMBLED AND THAT IS TRANSMITTED:

(I)  TO A BROADCASTING STATION FOR PURPOSES OF
RETRANSMISSION TO THE GENERAL PUBLIC; OR

(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

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