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PARRIS N. GLENDENING, Governor
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Ch. 26
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Defined term: "Person" § 1-101
7-309. PENALTY.
(A) FIRST VIOLATION.
FOR A FIRST VIOLATION, A PERSON WHO VIOLATES THIS PART IS GUILTY OF A
MISDEMEANOR. AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $2,500 OR BOTH FOR EACH
INDIVIDUAL ACT IN VIOLATION OF THIS PART.
(B) SUBSEQUENT VIOLATION.
FOR EACH SUBSEQUENT VIOLATION, A PERSON WHO VIOLATES THIS PART IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH FOR EACH
INDIVIDUAL ACT IN VIOLATION OF THIS PART.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 467A(d).
In this section, the references to being "guilty of a misdemeanor" are added
to state expressly that which only was implied in the former law. In this
State, any crime that was not a felony at common law and has not been
declared a felony by statute is considered to be a misdemeanor. See State v.
Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md. 342, 345 (1920);
Dutton v. State, 123 Md. 373, 378 (1914); and Williams v. State, 4 Md. App.
342, 347 (1968).
The references to "each individual act in violation of this part" are
substituted for the former references to "[e]ach and every individual
violation" for clarity.
In subsection (b) of this section, the reference to "each" subsequent
violation is substituted for the former reference to "a" subsequent offense
for clarity and consistency within this article.
Defined term: "Person" § 1-101
7-310. FORFEITURE AND DESTRUCTION.
A RECORDED ARTICLE PRODUCED IN VIOLATION OF THIS PART AND ALL
EQUIPMENT USED TO PRODUCE THE RECORDED ARTICLE ARE SUBJECT TO
FORFEITURE AND DESTRUCTION BY THE APPROPRIATE LAW ENFORCEMENT UNIT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 467A(e).
The former reference to "components" is deleted in light of the
comprehensive reference to "all equipment".
The reference to a law enforcement "unit" is substituted for the former
reference to a law enforcement "agency" for consistency within this article
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- 563 -
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