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PARRIS N. GLENDENING, Governor
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Ch. 480
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(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
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 $300 $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 $300 $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.
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(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.
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- 3831 -
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