Ch. 109

2004 LAWS OF MARYLAND

(2)     "Payment device number" has the meaning stated in § 8-213 of this
title.

(3)     "Personal identifying information" means a name, address, telephone
number, driver's license number, Social Security number, place of employment,
employee identification number, mother's maiden name, bank or other financial
institution account number, date of birth, personal identification number, credit card
number, or other payment device number.

(b)     A person may not knowingly, willfully, and with fraudulent intent possess,
obtain, or help another to possess or obtain any personal identifying information of an
individual, without the consent of the individual, in order to use, sell, or transfer the
information to get a benefit, credit, good, service, or other thing of value in the name
of the individual.

(c)     A person may not knowingly and willfully assume the identity of another:

(1)     to avoid identification, apprehension, or prosecution for a crime; or

(2)     with fraudulent intent to:

(i) get a benefit, credit, good, service, or other thing of value; or
(ii) avoid the payment of debt or other legal obligation.

(d)     (1) A person who violates this section where the benefit, credit, goods,
services, or other thing of value that is the subject of subsection (b) or (c) of this
section has a value of $500 or greater is guilty of a felony and on conviction is subject
to imprisonment not exceeding 5 years or a fine not exceeding $25,000 or both.

(2)     A person who violates this section where the benefit, credit, goods,
services, or other thing of value that is the subject of subsection (b) or (c) of this
section has a value of less than $500 is guilty of a misdemeanor and on conviction is
subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or
both.

(3)     A person who violates this section under circumstances that
reasonably indicate that the person's intent was to manufacture, distribute, or
dispense another individual's personal identifying information without that
individual's consent is guilty of a felony and on conviction is subject to imprisonment
not exceeding 5 years or a fine not exceeding $25,000 or both.

(4)     A person who violates subsection (c)(1) of this section is guilty of a
misdemeanor and on conviction is subject to imprisonment not exceeding 18 months
or a fine not exceeding $5,000 or both.

(5)     When the violation of this section is pursuant to one scheme or
continuing course of conduct, whether from the same or several sources, the conduct
may be considered as one violation and the value of the benefit, credit, goods, services,
or other thing of value may be aggregated in determining whether the violation is a
felony or misdemeanor.

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