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PARRIS N GLENDENING, Governor
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Ch. 26
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imprisonment for consistency within subsection (c), which provides for a
fine, imprisonment, "or both".
Defined term: "Person" § 1-101
3-702. EXTORTION BY STATE OR LOCAL GOVERNMENT OFFICER OR EMPLOYEE.
(A) PROHIBITED.
AN OFFICER OR EMPLOYEE OF THE STATE OR OF A COUNTY, MUNICIPAL
CORPORATION, BICOUNTY AGENCY, OR MULTICOUNTY AGENCY MAY NOT
WRONGFULLY OBTAIN OR ATTEMPT TO OBTAIN MONEY, PROPERTY, OR ANYTHING OF
VALUE FROM A PERSON WITH THE PERSON'S CONSENT, IF THE CONSENT IS
OBTAINED UNDER COLOR OR PRETENSE OF OFFICE, UNDER COLOR OF OFFICIAL
RIGHT, OR BY WRONGFUL USE OF ACTUAL OR THREATENED FORCE OR VIOLENCE.
(B) PENALTY — PROPERTY VALUE GREATER THAN $500.
IF THE VALUE OF THE PROPERTY IS GREATER THAN $500, A PERSON WHO
VIOLATES THIS SECTION:
(1) IS GUILTY OF THE FELONY OF EXTORTION AND ON CONVICTION IS
SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING
$5,000 OR BOTH; AND
(2) NOTWITHSTANDING ANY PARDON, SHALL BE BARRED
PERMANENTLY FROM EMPLOYMENT BY THE STATE OR BY A COUNTY, MUNICIPAL
CORPORATION, BICOUNTY AGENCY, OR MULTICOUNTY AGENCY.
(C) SAME — PROPERTY VALUE OF $500 OR LESS.
IF THE VALUE OF THE PROPERTY IS $500 OR LESS, A PERSON WHO VIOLATES
THIS SECTION IS GUILTY OF THE MISDEMEANOR OF EXTORTION AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 6 MONTHS OR A FINE
NOT EXCEEDING $500 OR BOTH.
(D) LIMITATION.
A PROSECUTION FOR A FELONY UNDER THIS SECTION SHALL BE INSTITUTED
WITHIN 5 YEARS AFTER THE CRIME WAS COMMITTED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 562C.
Subsection (a) of this section is revised to incorporate the substance of the
definition of "extortion" contained in the third sentence of former Art. 27, §
562C. That definition was unnecessary because it was used only once in
the former law.
In subsections (a) and (b)(2) of this section, the term "municipal
corporation" is substituted for the former references to a "municipality" to
conform to the usage of Md. Constitution, Art. XI-E.
In subsection (a) of this section, the phrase "by wrongful use of actual or
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- 291 -
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