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PARRIS N. GLENDENING, Governor S.B. 639
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the consent of the individual, in order to use, sell, or transfer the information to get a
benefit, credit, good, service, or other thing of value in the name of the individual;
(C) A PERSON MAY NOT KNOWINGLY AND WILLFULLY OBTAIN OR HELP
ANOTHER TO OBTAIN ANY PERSONAL IDENTIFYING INFORMATION OF AN
INDIVIDUAL, WITHOUT THE CONSENT OF THE INDIVIDUAL, WITH INTENT TO AVOID
IDENTIFICATION, APPREHENSION, OR PROSECUTION FOR A CRIME.
[(e)] (D) A person may not knowingly and willfully assume the identity of
another OR CREATE A FALSE IDENTITY:
(1) to avoid IDENTIFICATION, APPREHENSION OR prosecution for a
crime; or
(2) with fraudulent intent to:
(i) got a benefit, credit, good, service, or other thing of value; or
(ii) avoid the payment of debt or other legal obligation.
[(d)](E) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS
SUBSECTION, A person who violates this section is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding
$5,000 or both.
(2) FOR VIOLATION OF SUBSECTION (B) OR SUBSECTION (D)(2) OF THIS
SECTION, IF THE VALUE OF THE INTENDED BENEFIT, CREDIT, GOOD, SERVICE, OR
OTHER THING OF VALUE IS MORE THAN $500, A PERSON WHO VIOLATES THIS
SECTION IS GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR
BOTH.
(3) FOR A VIOLATION OF SUBSECTION (C) OR SUBSECTION (D)(1) OF THIS
SECTION, IF THE VIOLATION INVOLVED AVOIDING IDENTIFICATION, APPREHENSION,
OR PROSECUTION FOR A FELONY, A PERSON WHO VIOLATES THIS SECTION IS GUILTY
OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH.
[(e)] [A] IF THE VIOLATION OF THIS SECTION IS A MISDEMEANOR, a
person who violates this section is subject to § 5-106(b) of the Courts Article.
[(f)] (G) 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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- 4765 -
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