Ch. 470

2004 LAWS OF MARYLAND

(6)     A PERSON WHO VIOLATES SUBSECTION (D) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION IN FURTHERANCE OF A FELONY, OR WHO HAS
PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER THE LAWS OF THIS STATE,
ANOTHER STATE, OR UNDER ANY FEDERAL LAW INVOLVING THE TRANSMISSION OF
MULTIPLE COMMERCIAL ELECTRONIC MAIL MESSAGES IS GUILTY OF A FELONY AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A
FINE NOT EXCEEDING $25,000 OR BOTH.

(7)     A PERSON WHO VIOLATES SUBSECTION (B)(6) OR (7) OF 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.

(D)     IN ADDITION TO ANY OTHER SENTENCE AUTHORIZED BY LAW, THE COURT
MAY DIRECT THAT A PERSON CONVICTED OF A VIOLATION OF THIS SECTION FORFEIT
TO THE STATE:

(1)     ANY MONEYS AND OTHER INCOME, INCLUDING ALL PROCEEDS
EARNED BUT NOT YET RECEIVED BY A DEFENDANT FROM A THIRD PARTY AS A
RESULT OF THE DEFENDANT'S VIOLATION OF THIS SECTION; AND

(2)     ALL COMPUTER EQUIPMENT, COMPUTER SOFTWARE, AND
PERSONAL PROPERTY USED IN CONNECTION WITH A VIOLATION OF THIS SECTION
KNOWN BY THE OWNER TO HAVE BEEN USED IN VIOLATION OF THIS SECTION.

(E)     (1) AN ACTION BROUGHT UNDER THIS SUBSECTION SHALL BE
COMMENCED WITHIN 2 YEARS AFTER THE COMMISSION OF THE ACT.

(2)      THE ATTORNEY GENERAL MAY INSTITUTE A CIVIL ACTION IN A
CIRCUIT COURT OR THE DISTRICT COURT AGAINST A PERSON WHO VIOLATES THIS
SECTION TO RECOVER FOR THE STATE A CIVIL PENALTY NOT EXCEEDING:

(I)      $25,000 PER DAY OF VIOLATION; OR

(II)     NOT LESS THAN $2 NOR MORE THAN $8 PER COMMERCIAL
ELECTRONIC MAIL MESSAGE INITIATED IN VIOLATION OF THIS SECTION.

(3)      THE ATTORNEY GENERAL MAY SEEK AN INJUNCTION IN A CIVIL
ACTION TO PROHIBIT A PERSON WHO HAS ENGAGED IN OR IS ENGAGED IN A
VIOLATION OF THIS SECTION FROM ENGAGING IN THE VIOLATION.

(4)      THE ATTORNEY GENERAL MAY ENFORCE CRIMINAL VIOLATIONS OF
THIS SECTION IN A CIRCUIT COURT OR DISTRICT COURT.

(F)     NOTHING IN THIS SECTION SHALL BE CONSTRUED TO HAVE ANY EFFECT
ON THE LAWFULNESS OF THE ADOPTION, IMPLEMENTATION, OR ENFORCEMENT BY
AN ELECTRONIC MAIL SERVICE PROVIDER OF A POLICY OF DECLINING TO TRANSMIT,
ROUTE, RELAY, HANDLE, OR STORE CERTAIN TYPES OF ELECTRONIC MAIL MESSAGES
UNDER ANY OTHER PROVISION OF LAW.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 26, 2004.

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