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Ch. 26
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PARRIS N. GLENDENING, Governor
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IN ADDITION TO THE PENALTIES UNDER SUBSECTION (D) OF THIS SECTION, A
PERSON WHO VIOLATES SUBSECTION (C)(3) OR (6) OF THIS SECTION IS LIABLE TO THE
AGGRIEVED CABLE TELEVISION COMPANY FOR ALL APPROPRIATE CIVIL DAMAGES
AWARDED BY A COURT.
(G) SEIZURE AND FORFEITURE.
A DEVICE USED TO VIOLATE THIS SECTION IS SUBJECT TO SEIZURE BY AND
FORFEITURE TO THE STATE.
REVISOR'S NOTE: Subsections (a)(3) and (b) through (g) of this section are
new language derived without substantive change from former Art. 27, §
194B.
Subsection (a)(1) of this section is new language added as the standard
introductory language of a definition subsection.
Subsection (a)(2) of this section is new language added to avoid the
repetition of the former phrase "franchised cable television company or
private cable television company" throughout this section.
In subsection (c)(3) of this section, the former reference to deprivation of
compensation "for services provided" is deleted as surplusage.
In subsection (c)(6) of this section, the former reference to selling or renting
"to any person" is deleted as surplusage.
Also in subsection (c)(6) of this section, the reference to the "recipient" is
added for clarity.
In subsection (d)(1)(ii) of this section, the reference to "each" subsequent
violation is substituted for the former reference to a "second or" subsequent
violation for consistency within this article.
In subsection (e) of this section, the former reference to the authority to
"restrain" is deleted as unnecessary in light of the reference to the
authority "to enjoin".
In subsection (f) of this section, the reference to "the penalties under"
subsection (d) of this section is added for clarity.
Also in subsection (f) of this section, the former reference to being "civilly"
liable is deleted as implicit in the reference to being liable for "civil
damages".
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (c)(3) of this section the
reference to depriving a "person" of lawful compensation is substituted for
the former reference to depriving a "company" of lawful compensation. The
Committee believes that the reference to a "company" in the former law
was intended to be broader than merely a "cable television company",
including installers and other persons who might benefit from lawfully
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- 559 -
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