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Ch. 26
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PARRIS N. GLENDENING, Governor
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the reference to a person's intent to "defraud" the owner.
In subsection (c) of this section, the former reference to a person being
convicted "before any court of competent jurisdiction" is deleted as implicit
since only a court with criminal jurisdiction would be competent to convict
a person.
Also in subsection (c) of this section, the former reference to a sentence
being "in the discretion of the court" is deleted as implicit in the reference
to a person being "subject to" a fine and imprisonment.
Defined terms: "Counterfeit" § 1-101
"Person" § 1-101
GENERAL REVISOR'S NOTE TO SUBTITLE
Former Art. 27, § 53, which prohibited forgery of stock certificates issued by the
State of Maryland, is repealed as obsolete. The certificates, originally issued to
finance the Maryland penitentiary under legislation enacted in 1821 and 1834, are no
longer outstanding. See Letter of Advice from Attorney General J. Joseph Curran, Jr.
to Judge Alan M. Wilner, p. 17 (October 17, 2000).
Former Art. 27, § 54, which prohibited forgery or counterfeiting of cannery
tokens used in agricultural and fisheries packing industries, is repealed as obsolete.
See Letter of Advice from Attorney General J. Joseph Curran, Jr. to Judge Alan M.
Wilner, p. 17 (October 17, 2000).
SUBTITLE 7. CRIMES AGAINST ESTATES.
8-701. EMBEZZLING, ALTERING WILL OR RECORD.
(A) PROHIBITED.
A PERSON MAY NOT WILLFULLY OR CORRUPTLY EMBEZZLE, STEAL, DESTROY,
WITHDRAW, IMPAIR, OR ALTER A WILL, CODICIL, DEED, LAND PATENT OR
ASSIGNMENT OF A LAND PATENT, OR A WRIT OF ADMINISTRATION, RETURN,
RECORD, OR PART OF ANY OF THOSE DOCUMENTS IF AS A RESULT OF THAT ACT THE
ESTATE OR RIGHT OF ANY PERSON MAY BE DEFEATED, INJURED, OR ALTERED.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT LESS THAN 3 YEARS AND
NOT EXCEEDING 7 YEARS.
(C) STATUTE OF LIMITATIONS AND IN BANC REVIEW.
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO § 5-106(B) OF THE
COURTS ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 126.
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- 647 -
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