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Ch. 26
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2002 LAWS OF MARYLAND
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(1) A PERSON WHO VIOLATES SUBSECTION (C)(1) OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $1,000 OR BOTH.
(2) A PERSON WHO VIOLATES SUBSECTION (C)(2) OR (3) OF THIS
SECTION:
(I) IF THE AGGREGATE AMOUNT OF THE LOSS IS $10,000 OR MORE,
IS GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; OR
(II) IF THE AGGREGATE AMOUNT OF THE LOSS IS LESS THAN
$10,000, IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR
BOTH.
(E) COURSE OF CONDUCT.
ACCESS ACHIEVED IN VIOLATION OF THIS SECTION UNDER A SINGLE SCHEME
OR A CONTINUING COURSE OF CONDUCT MAY BE CONSIDERED AS ONE VIOLATION.
(F) VENUE.
A COURT OF COMPETENT JURISDICTION MAY TRY A PERSON PROSECUTED
UNDER THIS SECTION IN ANY COUNTY IN THIS STATE WHERE:
(1) THE DEFENDANT PERFORMED THE ACT; OR
(2) THE ACCESSED COMPUTER IS LOCATED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 146.
In subsection (a)(4)(ii) of this section, the phrase "with a computer" is
substituted for the former phrase "in conjunction with that device or
system" for clarity.
In subsection (a)(9) of this section, the former phrase "but is not limited to"
is deleted as unnecessary in light of Art. 1, § 30.
In subsection (a)(11) of this section, the word "computer" is added to modify
the terms "software" and "programs" for consistency with other terms that
are defined in this section.
In the introductory language of subsection (c)(2) of this section, the
cross-reference to a violation of paragraph (1) of this subsection is
substituted for the former reiteration of prohibitions for brevity.
In subsection (c)(2)(ii) of this section, the reference to "computer software"
is added for consistency with subsection (c)(1) of this section.
In subsection (e) of this section, the reference to "[a]ccess achieved in
violation of this section" is substituted for the former itemization of various
types of illegal access for clarity.
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- 556 -
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