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Ch. 479
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2002 LAWS OF MARYLAND
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(III) MAKING A PROMISE THAT THE PERSON DOES NOT INTEND TO
PERFORM OR THAT THE PERSON KNOWS WILL NOT OR CANNOT BE PERFORMED. A
PERSON'S FAILURE TO PERFORM A PROMISE IS NOT BY ITSELF SUFFICIENT PROOF
THAT THE PERSON DID NOT INTEND TO PERFORM THE PROMISE;
(IV) MISREPRESENTING OR CONCEALING A MATERIAL FACT THAT
RELATES TO THE TERMS OF A CONTRACT OR AN AGREEMENT THAT THE PERSON
ENTERS INTO OR THAT RELATES TO THE EXISTING OR PREEXISTING CONDITION OF
ANY OF THE PROPERTY INVOLVED IN A CONTRACT OR AN AGREEMENT; OR
(V) USING A MATERIAL MISREPRESENTATION, FALSE PRETENSE,
OR FALSE PROMISE TO INDUCE, ENCOURAGE, OR SOLICIT SOMEONE TO ENTER INTO
A CONTRACT OR AN AGREEMENT.
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(2) "DECEPTION" HAS THE MEANING STATED IN § 7-101 OF THIS
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ARTICLE.
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(3) "DEPRIVE" HAS THE MEANING STATED IN § 7-101 OF THIS ARTICLE.
(4) "OBTAIN" HAS THE MEANING STATED IN 5 7-101 OF THIS ARTICLE.
(5) "PROPERTY" HAS THE MEANING STATED IN § 7-101 OF THIS ARTICLE.
(6) "VALUE'' HAS THE MEANING STATED IN § 7-103 OF THIS ARTICLE.
(3) (7) (I) "UNDUE INFLUENCE" MEANS DOMINATION AND
INFLUENCE AMOUNTING TO FORCE AND COERCION EXERCISED BY ANOTHER
PERSON TO SUCH AN EXTENT THAT A VULNERABLE ADULT WAS PREVENTED FROM
EXERCISING FREE JUDGMENT AND CHOICE.
(II) "UNDUE INFLUENCE" DOES NOT INCLUDE THE NORMAL
INFLUENCE THAT ONE MEMBER OF A FAMILY HAS OVER ANOTHER MEMBER OF THE
FAMILY.
(4) (8) "VULNERABLE ADULT" HAS THE MEANING STATED IN § 3-603 OF
THIS ARTICLE.
(B) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT A PERSON
CONVICTED OF A VIOLATION OF THIS SECTION SHALL NOT PROFIT FROM THE
PERSON'S CRIME AGAINST THE VULNERABLE ADULT.
(C) A PERSON MAY NOT KNOWINGLY AND WILLFULLY OBTAIN OR USE, OR
ENDEAVOR TO OBTAIN OR USE, BY DECEPTION, INTIMIDATION, OR UNDUE
INFLUENCE, THE FUNDS, CREDIT, ASSETS, OR OTHER PROPERTY OF A VULNERABLE
ADULT, SOMEONE WHOM THE PERSON KNOWS OR REASONABLY SHOULD KNOW
LACKS THE PHYSICAL OR MENTAL CAPACITY TO PROVIDE FOR THEIR DAILY NEEDS,
WITH THE INTENT TEMPORARILY OR PERMANENTLY TO DEPRIVE THE VULNERABLE
ADULT OF THE USE, BENEFIT, OR POSSESSION OF THE VULNERABLE ADULT'S FUNDS,
CREDIT, ASSETS, OR OTHER PROPERTY.
(B) A PERSON MAY NOT KNOWINGLY AND WILLFULLY OBTAIN BY DECEPTION,
INTIMIDATION, OR UNDUE INFLUENCE THE PROPERTY OF AN INDIVIDUAL THAT THE
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- 3824 -
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