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
NAME, ADDRESS, TELEPHONE NUMBER, DRIVER'S LICENSE NUMBER, SOCIAL
SECURITY NUMBER, PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION NUMBER.
MOTHER'S MAIDEN NAME, DEMAND DEPOSIT ACCOUNT NUMBER, SAVINGS ACCOUNT
NUMBER BANK OR OTHER FINANCIAL INSTITUTION ACCOUNT NUMBER DATE OF
BIRTH, PERSONAL IDENTIFICATION NUMBER. OR CREDIT CARD NUMBER OF AN
INDIVIDUAL.

(B) A PERSON MAY NOT KNOWINGLY AND WILLFULLY, WILLFULLY, AND WITH
FRAUDULENT INTENT OBTAIN, ATTEMPT TO OBTAIN, OR AID ANOTHER PERSON IN
OBTAINING OR ATTEMPTING TO OBTAIN PERSONAL IDENTIFYING INFORMATION OF
AN INDIVIDUAL, WITHOUT THE AUTHORIZATION CONSENT OF THAT INDIVIDUAL,
AND SELL, TRANSFER, OR USE THAT FOR THE PURPOSE OF USING THAT
INFORMATION OR SELLING OR TRANSFERRING THAT INFORMATION TO OBTAIN, OR
ATTEMPT TO OBTAIN ANY BENEFIT, CREDIT, GOODS, OR SERVICES IN THE NAME OF
THE INDIVIDUAL WITHOUT THE CONSENT OF THAT INDIVIDUAL SERVICES, OR
OTHER ITEM OF VALUE IN THE NAME OF THAT INDIVIDUAL.

(C) A PERSON MAY NOT KNOWINGLY AND WILLFULLY ASSUME THE IDENTITY
OF ANOTHER:

(1) WITH FRAUDULENT INTENT TO OBTAIN ANY BENEFIT, CREDIT,
GOODS, SERVICES, OR OTHER ITEM OF VALUE;

(2) WITH FRAUDULENT INTENT TO AVOID THE PAYMENT OF A DEBT OR
OTHER LEGAL OBLIGATION; OR

(3) TO AVOID PROSECUTION FOR A CRIME.