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Ch. 288
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PARRIS N. GLENDENING, Governor
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(c) If the amount of damage to the property defaced, destroyed, injured, or
molested has a value of [$300] $500 or more, the person who violates this section, on
conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3
years or both.
(d) (1) Except as provided in paragraph (2) of this subsection, two or more
acts committed in violation of this section pursuant to one scheme or continuing
course of conduct, whether from the same or several acts upon the property of one or
several property owners, may be considered as one offense and the value of damage to
the various properties may be aggregated in determining the penalty.
(2) If separate acts resulting in damage to the properties of one or
several owners are set forth .by separate counts within the same or separate charging
documents, the separate counts may not be merged for sentencing.
(e) (1) The value of damage is not a substantive element of an offense under
this section and need not be set forth in the charging document.
(2) Notwithstanding paragraph (1) of this subsection, a determination of
valuation of damage shall be made based on the evidence and applied for the purpose
of imposing the penalties established in this section.
(3) If it cannot be determined from the evidence whether the value of the
damage to the property is more or less than [$300] $500, its value shall be
determined to be less than [$300] $500.
(f) (1) For the purposes of this section, an act of "graffiti" means a violation
of this section by permanent drawing, permanent painting, or making of any
permanent mark or inscription on the real or personal property of another without
the permission of the owner of the real or personal property.
(2) In addition to the penalties provided in subsections (b) and (c) of this
section, a person who violates this section by committing an act of graffiti shall be
ordered to pay restitution or perform community service or both.
(3) Except as otherwise provided by this section, the provisions of § 807
of this article apply to an order of restitution under this section.
143.
(a) A person convicted of obtaining property or services by a bad check when
the property or services has a value of [$300] $500 or greater is guilty of a felony and
shall be fined not more than $1,000, or be imprisoned for not more than 15 years, or
be both fined and imprisoned in the discretion of the court.
(b) A person convicted of obtaining property or services by more than one bad
check, each of which is issued for less than [$300] $500, and which are issued to the
same person within a 30 day period, when the property or services has a cumulative
value of [$300] $500 or greater is guilty of a felony and shall be fined not more than
$1,000, or be imprisoned for not more than 15 years, or be both fined and imprisoned
in the discretion of the court.
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- 1675 -
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