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Ch. 26
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PARRIS N. GLENDENING, Governor
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(I) GET A BENEFIT, CREDIT, GOOD, SERVICE, OR OTHER THING OF
VALUE; OR
(II) AVOID THE PAYMENT OF DEBT OR OTHER LEGAL OBLIGATION.
(D) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
(E) STATUTE OF LIMITATIONS AND IN BANC REVIEW.
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO § 5-106(B) OF THE
COURTS ARTICLE.
(F) RESTITUTION AND COSTS.
IN ADDITION TO RESTITUTION UNDER TITLE 11, SUBTITLE 6 OF THE CRIMINAL
PROCEDURE ARTICLE, A COURT MAY ORDER A PERSON WHO PLEADS GUILTY OR
NOLO CONTENDERE OR WHO IS FOUND GUILTY UNDER THIS SECTION TO MAKE
RESTITUTION TO THE VICTIM FOR REASONABLE COSTS, INCLUDING REASONABLE
ATTORNEYS FEES, INCURRED:
(1) FOR CLEARING THE VICTIM'S CREDIT HISTORY OR CREDIT RATING;
AND
(2) IN CONNECTION WITH A CIVIL OR ADMINISTRATIVE PROCEEDING TO
SATISFY A DEBT, LIEN, JUDGMENT, OR OTHER OBLIGATION OF THE VICTIM THAT
AROSE BECAUSE OF THE VIOLATION.
(G) SEPARATE SENTENCE.
A SENTENCE UNDER THIS SECTION MAY BE IMPOSED SEPARATE FROM AND
CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY CRIME BASED ON
THE ACT OR ACTS ESTABLISHING THE VIOLATION OF THIS SECTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 231.
In subsection (a) of this section, the use of the word "means" in the
definition of "personal identifying information" limits that information to
the material listed. The Criminal Law Article Review Committee notes, for
the consideration of the General Assembly, that in order to address other
forms of personal identifying information that may become common as
technology changes, it may be advisable to change "means" to "includes",
thus allowing other such information to be covered by this section without
requiring further legislation.
In subsections (b) and (c)(2)(i) of this section, the references to a "thing" of
value are substituted for the former references to an "item" of value for
consistency within this article.
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- 601 -
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