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Ch. 26
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2002 LAWS OF MARYLAND
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threatened force or violence" is substituted for the former phrase "by
wrongful use of actual or threatened force, or violence" for clarity. The
Criminal Law Article Review Committee brings this substitution to the
attention of the General Assembly.
Also in subsection (a) of this section, the former reference to "Baltimore
City" is deleted as included in the defined term "county". See § 1-101 of
this article.
In the introductory language of subsection (b) and in subsection (c) of this
section, the references to the "value of the" property are added for clarity.
In subsection (b) of this section, the reference to imprisonment "not
exceeding" 6 months is substituted for the former reference to
imprisonment "for" 6 months, to conform to the apparent legislative intent,
expressed in the former requirement that punishment "be limited to" 6
months imprisonment, to establish a maximum, and not a mandatory
minimum, term of imprisonment.
In subsections (b)(1) and (c) of this section, the references to an individual
"on conviction" being subject to a fine or imprisonment are added to state
expressly that which was only implied in the former law, and for
consistency with other penalty provisions in this subtitle and throughout
this article.
In the introductory language of subsection (b) of this section, the reference
to a person "who violates this section" is added for consistency with other
penalty provisions in this subtitle and throughout this article. Similarly, in
subsection (b)(1) of this section, the phrase "is subject to a fine ... or
imprisonment" is substituted for the former phrase "shall be fined ... or
imprisoned".
Also in the introductory language of subsection (b) of this section, the
former reference to a "sum of money", "real or personal" property, and a
"thing of value" is deleted as included in the reference to "property".
In subsection (c) of this section, the reference to an individual "who violates
this section" being "guilty of" a misdemeanor is substituted for the former
reference to "it" being a misdemeanor for clarity and consistency with
other penalty provisions in this subtitle and throughout this article.
Similarly, the phrase "is subject to" a fine or imprisonment is substituted
for the former phrase "the punishment shall be limited to" a fine or
imprisonment.
The Criminal Law Article Review Committee notes, for consideration by
the General Assembly, that a person is guilty of a felony under subsection
(c) of this section if the value of the property extorted is "greater than"
$500, while § 3-701(c) of this subtitle establishes a threshold of $500 "or
more" for a felony offense. The General Assembly may wish to consider
making the penalty provisions for these two crimes consistent.
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- 292 -
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