personal identifying information of an individual without the consent or
authorization of the individual under certain circumstances possessing;
obtaining, or using personal identifying information of an individual without
consent certain persons from using an individual's personal identifying
information without the consent of that individual for certain purposes;
prohibiting a person from assuming the identity of another for certain purposes
under certain circumstances; establishing certain penalties for a violation of this
Act; providing for certain penalties including restitution; establishing that a
sentence under this Act may be imposed in a certain manner under certain
circumstances; defining a certain term; and generally relating to personal
identifying information theft and assumption of another's identity.
BY adding to
Article 27 - Crimes and Punishments
Section 231 to be under the new subheading "Fraud - Personal Identifying
Information"
Annotated Code of Maryland
(1996 Replacement Volume and 1998 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
FRAUD - PERSONAL IDENTIFYING INFORMATION
231.
(A) IN THIS SECTION, "PERSONAL IDENTIFYING INFORMATION" MEANS THE A
NAME, ADDRESS, SIGNATURE, TELEPHONE NUMBER, DRIVER'S LICENSE NUMBER,
SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION
NUMBER, MOTHER'S MAIDEN NAME, DEMAND DEPOSIT ACCOUNT NUMBER, SAVINGS
OR CHECKING ACCOUNT NUMBER OR CREDIT CARD NUMBER OF AN INDIVIDUAL.
(B) THIS SECTION DOES NOT AFFECT THE APPLICABILITY OF ANY OTHER
PROVISION OF LAW TO A TRANSACTION THAT VIOLATES THIS SECTION.
(C) A PERSON MAY MOT INTENTIONALLY USE, ATTEMPT TO USE, OR
REPRESENT THAT THE PERSON IS ACTING WITH THE AUTHORIZATION OR CONSENT
TO USE ANY PERSONAL IDENTIFYING INFORMATION OR PERSONAL IDENTIFICATION
DOCUMENT OF AN INDIVIDUAL TO OBTAIN CREDIT, MONEY, GOODS, SERVICES, OR
ANYTHING ELSE OF VALUE WITHOUT THE AUTHORIZATION OR CONSENT OF THE
INDIVIDUAL.
(D) (1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION SHALL BE SUBJECT TO A FINE NOT EXCEEDING
$1,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.
(C) A PERSON MAY NOT KNOWINGLY, WILLFULLY, AND WITH FRAUDULENT
INTENT:
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