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Martin O'Malley, Governor
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Ch. 447
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[(d)] (E) (1) A person who violates this section where the benefit, credit,
good, service, 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, good,
service, 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) OR (D) 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, good, service, or
other thing of value may be aggregated in determining whether the violation is a
felony or misdemeanor.
[(e)] (F) A person described in subsection [(d)(2)] (E)(2) or (4) of this
section is subject to § 5-106(b) of the Courts Article.
[(f)] (G) 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 attorney's 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)] (H) 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.
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- 2675 -
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