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Ch. 26
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2002 LAWS OF MARYLAND
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8-202. RULES OF CONSTRUCTION.
(A) COURSE OF CONDUCT.
IF A PERSON VIOLATES §§ 8-203 THROUGH 8-209 OF THIS SUBTITLE AS PART OF
ONE SCHEME OR A CONTINUING COURSE OF CONDUCT, FROM THE SAME OR
SEVERAL SOURCES:
(1) THE CONDUCT MAY BE CONSIDERED AS ONE VIOLATION; AND
(2) THE VALUE OF MONEY, GOODS, SERVICES, OR THINGS OF VALUE
MAY BE AGGREGATED IN DETERMINING IF THE CRIME IS A FELONY OR A
MISDEMEANOR
(B) APPLICABILITY.
SECTIONS 8-203 THROUGH 8-209 OF THIS SUBTITLE MAY NOT BE CONSTRUED
TO PRECLUDE THE APPLICABILITY OF ANY OTHER PROVISION OF THE CRIMINAL
LAW OF THIS STATE THAT APPLIES OR MAY APPLY TO ANY TRANSACTION THAT
VIOLATES §§ 8-203 THROUGH 8-209 OF THIS SUBTITLE, UNLESS THAT PROVISION IS
INCONSISTENT WITH §§ 8-203 THROUGH 8-209 OF THIS SUBTITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 145(i) and (j).
Throughout this section, the references to "[§§] 8-203 through 8-209 of
this subtitle" are substituted for the former references to "this section" to
reflect the reorganization of substantive material derived from former Art.
27, § 145 in those provisions.
Former Art. 27, § 145(k), which provided for the severability of provisions
of former Art. 27, § 145, is deleted in light of Art. 1, § 23, which provides
that all legislation enacted after July 1, 1979 is presumed to be severable
absent specific language to the contrary, and in light of the standard rule of
judicial construction favoring severability even in the absence of a
severability clause in the statute. See, e.g., Turner v. State, 299 Md. 565
(1984): "Perhaps the most important of these principles [of statutory
construction] is the presumption, even in the absence of an express clause
or declaration, that a legislative body generally intends its enactments to
be severed if possible. Moreover, when the dominant purpose of an
enactment may largely be carried out, notwithstanding the statute's
partial invalidity, courts will generally hold the valid portions severable
and enforce them." 299 Md. 565, 576. The Criminal Law Article Review
Committee calls this deletion to the attention of the General Assembly.
Defined term: "Person" § 1-101
8-203. FRAUD IN PROCURING ISSUANCE OF CREDIT CARD.
(A) PROHIBITED.
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