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PARRIS N. GLENDENING, Governor Ch. 479
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PERSON KNOWS OR REASONABLY SHOULD KNOW IS A VULNERABLE ADULT WITH
INTENT TO DEPRIVE THE VULNERABLE ADULT OF THE VULNERABLE ADULT'S
PROPERTY.
(D) (C) (1) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION
WHEN THE VALUE OF THE PROPERTY IS $500 OR MORE IS GUILTY OF A FELONY AND:
(I) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 YEARS OR A
FINE NOT EXCEEDING $10,000 OR BOTH; AND
(II) SHALL RESTORE THE PROPERTY TAKEN OR ITS VALUE TO THE
OWNER, OR, IF THE OWNER IS DECEASED, RESTORE THE PROPERTY OR ITS VALUE TO
THE OWNER'S ESTATE.
(2) A PERSON CONVICTED OF. A VIOLATION OF THIS SECTION WHEN THE
VALUE OF THE PROPERTY IS LESS THAN $500 IS GUILTY OF A MISDEMEANOR AND:
(I) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 18 MONTHS
OR A FINE NOT EXCEEDING $500 OR BOTH; AND
(II) SHALL RESTORE THE PROPERTY TAKEN OR ITS VALUE TO THE
OWNER, OR, IF THE OWNER IS DECEASED, RESTORE THE PROPERTY OR ITS VALUE TO
THE OWNER'S ESTATE.
(E) (D) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE SEPARATE
FROM AND CONSECUTIVE TO OR. CONCURRENT WITH A SENTENCE FOR ANY CRIME
BASED ON THE ACT OR ACTS ESTABLISHING THE VIOLATION OF THIS SECTION.
(F) (E) A CONVICTION UNDER THIS SECTION SHALL DISQUALIFY THE
DEFENDANT FROM INHERITING, TAKING, ENJOYING, RECEIVING, OR OTHERWISE
BENEFITTING FROM THE ESTATE, INSURANCE PROCEEDS, ASSETS, OR ANY OTHER
THING OF VALUE OR PROPERTY OF THE VULNERABLE ADULT, WHETHER BY
OPERATION OF LAW OR PURSUANT TO A LEGAL DOCUMENT EXECUTED OR ENTERED
INTO BY THE VULNERABLE ADULT BEFORE THE DEFENDANT SHALL HAVE BEEN
CONVICTED UNDER THIS SECTION AND SHALL HAVE MADE FULL RESTORATION OF
THE PROPERTY TAKEN OR OF ITS VALUE TO THE VULNERABLE ADULT.
(F) THIS SECTION MAY NOT BE CONSTRUED TO IMPOSE CRIMINAL LIABILITY
ON A PERSON WHO, AT THE REQUEST OF THE VULNERABLE ADULT, THE
VULNERABLE ADULT'S FAMILY, OR THE COURT APPOINTED GUARDIAN OF THE
VULNERABLE ADULT, HAS MADE A GOOD FAITH EFFORT TO ASSIST THE
VULNERABLE ADULT IN THE MANAGEMENT OF OR TRANSFER OF THE VULNERABLE
ADULT'S PROPERTY.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2002.
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Approved May 16, 2002.
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- 3825 -
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