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PARRIS N. GLENDENING, Governor
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Ch. 509
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(1) to avoid IDENTIFICATION, APPREHENSION, OR prosecution for a
crime; or
(2) with fraudulent intent to:
(i) get a benefit, credit, good, service, or other thing of value; or
(ii) avoid the payment of debt or other legal obligation.
(d) (1) A PERSON WHO VIOLATES THIS SECTION WHERE THE BENEFIT,
CREDIT, GOODS, SERVICES, OR OTHER ITEM OF VALUE THAT IS THE SUBJECT OF
SUBSECTION (B) OR SUBSECTION (C) HAS A VALUE OF $500 OR GREATER IS GUILTY OF
A FELONY AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 10 5 YEARS OR A
FINE NOT EXCEEDING $5,000 OR BOTH.
(2) A person who violates this section WHERE THE BENEFIT, CREDIT,
GOODS, SERVICES, OR OTHER ITEM OF VALUE THAT IS THE SUBJECT OF SUBSECTION
(B) OR SUBSECTION (C) HAS A VALUE OF LESS THAN $500 is guilty of a misdemeanor
and [on conviction] is subject to imprisonment not exceeding [1 year] 18 MONTHS or
a fine not exceeding $5,000 or both.
(3) A PERSON WHO VIOLATES THIS SECTION AND THE CIRCUMSTANCES
REASONABLY INDICATE THAT THE PERSON'S INTENT WAS TO MANUFACTURE,
DISTRIBUTE, OR DISPENSE ANOTHER INDIVIDUAL'S PERSONAL IDENTIFYING
INFORMATION WITHOUT THAT INDIVIDUAL'S CONSENT IS GUILTY OF A FELONY AND
IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 10 5 YEARS OR A FINE NOT
EXCEEDING $5,000 OR BOTH.
(4) A PERSON WHO VIOLATES SUBSECTION (C)(1) IS GUILTY OF A
MISDEMEANOR AND IS SUBJECT TO IMPRISONMENT FOR NOT MORE THAN 18
MONTHS OR A FINE NOT EXCEEDING $5,000 OR BOTH.
(5) WHEN THE VIOLATION OF THIS SECTION IS PURSUANT TO ONE
SCHEME OR CONTINUING COURSE OF CONDUCT, WHETHER FROM THE SAME OR
SEVERAL SOURCES, THE CONDUCT MAY BE CONSIDERED AS ONE OFFENSE AND THE
VALUE OF THE BENEFIT, CREDIT. GOODS. SERVICES, OR OTHER ITEM MAY BE
AGGREGATED IN DETERMINING WHETHER THE VIOLATION IS A FELONY OR
MISDEMEANOR
(e) A person who violates this section is subject to § 5-106(b) of the Courts
Article.
(f) In addition to restitution under Title 11, Subtitle 6 of the Criminal
Procedure Article, a court may order a person who pleads guilty or nolo contendere or
who is found guilty under this section to make restitution to the victim for reasonable
costs, including reasonable attorney's fees, incurred:
(1) for clearing the victim's credit history or credit rating; and
(2) in connection with a civil or administrative proceeding to satisfy a
debt, lien, judgment, or other obligation of the victim that arose because of the
violation.
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- 3923 -
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