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PARRIS N. GLENDENING, Governor
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Ch. 26
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(2) ANY PLACE WHERE THE UNLAWFUL TELECOMMUNICATION DEVICE
OR ACCESS CODE OR UNLAWFUL ACCESS DEVICE WAS SOLD OR DELIVERED TO A
PURCHASER OR RECIPIENT.
(B) PROHIBITED DEFENSE.
IT IS NOT A DEFENSE TO A VIOLATION OF THIS PART THAT SOME OF THE ACTS
CONSTITUTING THE VIOLATION OCCURRED OUT OF THE STATE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 194A(e).
In subsection (a) of this section, the reference to a "violation of § 7-315 of
this part" is substituted for the former reference to a "crime under this
part" for consistency.
In subsection (a)(1) of this section, the former alternate defined term
"assemble" is deleted as included in the defined term "manufacture" for
clarity.
Also in subsection (a)(1) of this section, the former reference to "assist[ing]
others in doing so" is deleted as included in the definition of
"manufacture". See § 7-313 of this part.
Defined terms: "Manufacture" § 7-313
"Unlawful access device" § 7-313
"Unlawful telecommunication device or access code" § 7-313
7-318. CIVIL LIABILITY.
(A) IN GENERAL.
A PERSON WHO HAS SUFFERED A SPECIFIC AND DIRECT INJURY TO A RIGHT
PROTECTED BY THIS PART BECAUSE OF A VIOLATION OF § 7-315 OF THIS PART MAY
BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION.
(B) REMEDIES AVAILABLE.
THE COURT:
(1) MAY IMPOSE PRELIMINARY AND FINAL INJUNCTIONS TO PREVENT
OR RESTRAIN A VIOLATION OF § 7-315 OF THIS PART;
(2) AT ANY TIME WHILE AN ACTION IS PENDING, MAY ORDER THE
IMPOUNDING OF ANY UNLAWFUL TELECOMMUNICATION DEVICE OR ACCESS CODE
OR UNLAWFUL ACCESS DEVICE THAT IS IN THE CUSTODY OR CONTROL OF THE
VIOLATOR AND THAT THE COURT HAS REASONABLE CAUSE TO BELIEVE WAS
INVOLVED IN THE ALLEGED VIOLATION OF § 7-315 OF THIS PART;
(3) MAY AWARD DAMAGES SUBJECT TO SUBSECTION (D) OF THIS
SECTION; OR
(4) AS PART OF A FINAL JUDGMENT OR DECREE FINDING A VIOLATION
OF § 7-315 OF THIS PART, MAY ORDER THE REMEDIAL MODIFICATION OR
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- 571 -
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