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PARRIS N. GLENDENING, Governor Ch. 26
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Defined term: "Lottery device" § 12-201
12-212. BARTER, SALE, OR TRADE OF GIFT ENTERPRISE.
(A) PROHIBITED.
A PERSON MAY NOT DIRECTLY OR INDIRECTLY BARTER, SELL, OR TRADE OR
OFFER BY PUBLICATION OR IN ANY OTHER MANNER TO BARTER, SELL, OR TRADE
GOODS OR MERCHANDISE, IN A PACKAGE OR IN BULK, IN EXCHANGE FOR A SCHEME
OR DEVICE CONSTITUTING A GIFT ENTERPRISE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION SHALL BE SENTENCED TO A FINE OF NOT LESS THAN $50 FOR EACH
VIOLATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 369 and 370.
In subsection (a) of this section, the former phrase "by agent or otherwise"
is deleted as included in the phrase "directly or indirectly".
Also in subsection (a) of this section, the former reference to "wares" is
deleted as included in the reference to "goods or merchandise".
Also in subsection (a) of this section, the former phrase "'of any description"
is deleted as surplusage.
Also in subsection (a) of this section, the phrase "in exchange for" a scheme
or device is substituted for the former phrase "holding out as an
inducement for any such" scheme or device for brevity.
Also in subsection (a) of this section, the former reference to an enterprise
"of any kind or character whatsoever" is deleted as surplusage.
In subsection (b) of this section, the former archaic reference to a "body
corporate" is deleted as included in the defined term "person".
Also in subsection (b) of this section, the former reference to conviction
"thereof before any court of competent jurisdiction in this State" is deleted
as implicit.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (b) of this section, no maximum
penalty is provided.
Defined term: "Person" § 1-101
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- 807 -
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