Criminal Law (GCR) — Title 3. Other Crimes Against the Person

physician;

surgeon;

podiatrist;

osteopath;

osteopathic physician;

osteopathic surgeon;

physician assistant;

registered nurse;

licensed practical nurse;

nurse practitioner;

dentist;

pharmacist; or

emergency medical services provider, in accordance with § 13-516 of the Education Article.

in compliance with Title 5, Subtitle 6 of the Health - General Article; or

in accordance with reasonable medical practice.

Unless the family member knowingly administers a procedure or administers or dispenses a medication to cause death, a family member does not violate § 3-102 of this subtitle if the family member:

Paragraph (1) of this subsection applies even if the medication or procedure hastens death or increases the risk of death.

“Law enforcement officer” has the meaning stated in § 1–101(c) of the Public Safety Article without application of § 3–101(e)(2).

“Law enforcement officer” includes:

creates a substantial risk of death; or

causes permanent or protracted serious:

A person may not intentionally cause or attempt to cause serious physical injury to another.

A person may not commit an assault with a firearm, including:

A person may not commit an assault by intentionally strangling another.

In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.

A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:

A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

engage in conduct that creates a substantial risk of death or serious physical injury to another; or

discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.

Subsection (a)(1) of this section does not apply to conduct involving:

Subsection (a)(2) of this section does not apply to:

seminal fluid, urine, or feces; or

blood, if the contact with the blood is not the result of physical injury resulting from physical body contact between the incarcerated individual and the employee.

To be found guilty of reckless endangerment under § 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.

A charging document for reckless endangerment under § 3-204 of this subtitle is sufficient if it substantially states:

If more than one individual is endangered by the conduct of the defendant, a separate charge may be brought for each individual endangered.

A charging document containing a charge of reckless endangerment under § 3-204 of this subtitle may:

If the general form of charging document described in paragraph (2) of this subsection is used to charge reckless endangerment under § 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

the victim and the defendant agree to the dismissal; and

the court considers the dismissal proper.

In this section the following words have the meanings indicated.

“Under the influence of alcohol per se” means having an alcohol concentration at the time of testing of at least 0.08 as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

For purposes of determining alcohol concentration under this section, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.

The presumptions and evidentiary rules of §§ 10–302, 10–306, 10–307, and 10–308 of the Courts Article apply to a person charged under this section.

A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is:

A violation of this subsection is life–threatening injury by motor vehicle or vessel while:

A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by alcohol.

A violation of this subsection is life–threatening injury by motor vehicle or vessel while impaired by alcohol.

A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.

A violation of this subsection is life–threatening injury by motor vehicle or vessel while impaired by drugs.

This subsection does not apply to a person who is entitled to use the controlled dangerous substance under the laws of the State.

A person may not cause a life–threatening injury to another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance as defined in § 5–101 of this article.

A violation of this subsection is life–threatening injury by motor vehicle or vessel while impaired by a controlled dangerous substance.

“(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while under the influence of alcohol, in violation of § 3-211(c)(1)(i) of the Criminal Law Article against the peace, government, and dignity of the State.”;

“(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while under the influence of alcohol per se, in violation of § 3-211(c)(1)(ii) of the Criminal Law Article against the peace, government, and dignity of the State.”;

“(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by alcohol, in violation of § 3-211(d) of the Criminal Law Article against the peace, government, and dignity of the State.”;

“(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by drugs, in violation of § 3-211(e) of the Criminal Law Article against the peace, government, and dignity of the State.”; or

“(name of defendant) on (date) in (county) caused a life-threatening injury to (name of victim) while impaired by a controlled dangerous substance, in violation of § 3-211(f) of the Criminal Law Article against the peace, government, and dignity of the State.”.

In this section, “vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice.

“Vessel” does not include a seaplane.

the person should be aware, but fails to perceive, that the person’s conduct creates a substantial and unjustifiable risk that such a result will occur; and

the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.

without consent; or

by force or threat of force.

appraising the nature of the individual’s conduct; or

resisting vaginal intercourse, a sexual act, or sexual contact.

is unconscious; or

“Sexual act” means any of the following acts, regardless of whether semen is emitted:

“Sexual act” does not include:

“Sexual contact”, as used in §§ 3–307, 3–308, and 3–314 of this subtitle, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.

“Sexual contact” does not include:

appraising the nature of the individual’s conduct;

resisting vaginal intercourse, a sexual act, or sexual contact; or

communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

“Vaginal intercourse” means genital copulation, whether or not semen is emitted.

“Vaginal intercourse” includes penetration, however slight, of the vagina.

the existence of consent, lack of consent, or withdrawal of consent shall be determined based on a totality of the circumstances, including the words and conduct of the victim and the defendant;

consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact;

the lack of consent may be communicated through words or conduct;

a current or previous dating, social, or sexual relationship by itself does not constitute consent;

submission as a result of fear, threat, or coercion does not constitute consent if the individual alleged to have performed the act in violation of this subtitle knows or reasonably should know that the victim would submit as a result of fear, threat, or coercion; and

the manner of dress of an individual does not constitute consent.

Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.

A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section, or § 3–305 of this subtitle as it existed before October 1, 2017.

without the consent of the other;

if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or

if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;

engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

sexual contact with another without the consent of the other;

except as provided in § 3–307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or

except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.

A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

In this section the following words have the meanings indicated.

“Program” means:

Except as provided in § 3–307(a)(4) or § 3–308(a)(2) of this subtitle, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact:

Except as provided in § 3–307(a)(5) or § 3–308(a)(3) of this subtitle, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse:

A person who violates subsection (b) of this section is guilty of the misdemeanor of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

A person who violates subsection (c) of this section is guilty of the felony of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

A person who violates subsection (d) of this section is guilty of the felony of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.

A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

of any violation of § 3–303 or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017; or

in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute a violation of § 3–303or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017.

In this section the following words have the meanings indicated.

“Court–ordered services provider” means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services.

“Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article.

This subsection applies to:

A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an incarcerated individual.

Except as provided in paragraph (2) of this subsection, a law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person:

Paragraph (1)(i) and (ii) of this subsection does not apply if the law enforcement officer:

A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3–602 of this title.

must determine only that the required number of acts occurred; and

need not determine which acts constitute the required number of acts.

A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.

A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.

a crime specified under this subtitle or a lesser included crime;

the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or

the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime.

the evidence is relevant;

the evidence is material to a fact in issue in the case;

the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and

the evidence:

Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible.

The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.

in person;

through an agent or agency;

over the telephone;

through any print medium;

by mail;

by computer or Internet; or

by any other electronic means.

A person may not, with the intent to commit a violation of § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.

A person may not, with the intent to commit a violation of § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage in activities with the minor that would be unlawful for the person to engage in under § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.

originated in the State; or

is received in the State.

for a first offense, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and

for a second or subsequent offense, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

In this section the following words have the meanings indicated.

“Personal identifying information” has the meaning stated in § 8–301 of this article.

“Sexual crime” means an act that would constitute a violation of this subtitle, § 3–602 of this title, § 3–902 of this title, or Title 11 of this article.

A State’s Attorney or the Attorney General may investigate and prosecute a violation of this section or a violation of any crime based on the act establishing a violation of this section.

If the Attorney General exercises authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the violation.

an element of the crime occurred; or

the victim resides.

permanently;

for a period that results in the appropriation of a part of the property’s value;

with the purpose to restore it only on payment of a reward or other compensation; or

to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

in relation to property, to bring about a transfer of interest in or possession of the property; and

in relation to a service, to secure the performance of the service.

“Property” means anything of value.

“Property” includes:

robbery includes obtaining the service of another by force or threat of force; and

robbery requires proof of intent to withhold property of another:

labor or professional service;

telecommunication, public utility, toll facility, or transportation service;

lodging, entertainment, or restaurant service; and

the use of computers, data processing, or other equipment.

with a dangerous weapon; or

by displaying a written instrument claiming that the person has possession of a dangerous weapon.

An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.

A violation of this subsection is carjacking.

A person may not employ or display a dangerous weapon during the commission of a carjacking.

A violation of this subsection is armed carjacking.

A person may not, without color of right:

In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child under the age of 16 years.

A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

In this section the following words have the meanings indicated.

“Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.

“Family member” means a relative of a minor by blood, adoption, or marriage.

“Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.

“Severe physical injury” means:

A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not:

Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:

imprisonment not exceeding 25 years; or

if the violation results in the death of the victim, imprisonment not exceeding life.

Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.

A person may not commit a crime of violence as defined in § 5–101 of the Public Safety Article when the person knows or reasonably should know that a minor who is at least 2 years old is present in a residence.

For the purposes of paragraph (1) of this subsection, a minor is present if the minor is within sight or hearing of the crime of violence.

at least 30 days before trial in the circuit court, and 15 days before trial in the District Court, the State’s Attorney notifies the defendant in writing of the State’s intention to seek the enhanced penalty; and

the elements of subsection (a)(1) of this section have been proven beyond a reasonable doubt.

In this section the following words have the meanings indicated.

“Family member” has the meaning stated in § 3–601 of this subtitle.

“Household member” has the meaning stated in § 3–601 of this subtitle.

A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.

A household member or family member may not cause sexual abuse to a minor.

any crime based on the act establishing the violation of this section; or

a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.

In this section the following words have the meanings indicated.

“Family member” has the meaning stated in § 3–601 of this subtitle.

“Household member” has the meaning stated in § 3–601 of this subtitle.

“Mental injury” means the substantial impairment of a minor’s mental or psychological ability to function.

In this section and §§ 3–605 and 3–606 of this subtitle the following words have the meanings indicated.

“Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.

“Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.

“Household” means the location:

“Household member” means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.

“Serious physical injury” means physical injury that:

“Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.

A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:

A household member or family member may not cause abuse or neglect of a vulnerable adult that:

A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not:

A household member or family member may not:

force or violence;

economic injury;

destruction, concealment, removal, confiscation, or possession of any immigration or government identification document with intent to harm the immigration status of another person; or

notification of law enforcement officials about another person’s undocumented or illegal immigration status.

If the value of the property, labor, or services is at least $1,000 but less than $10,000, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

If the value of the property, labor, or services is at least $10,000 but less than $100,000, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both.

If the value of the property, labor, or services is $100,000 or more, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both.

county;

municipal corporation;

bicounty or multicounty agency;

county board of education;

public authority; or

special taxing district.

is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and

notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both; and

notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both; and

notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or

This section applies to any writing, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark or designation.

This section does not apply to a good faith reasonable notice of dishonor and warning of criminal prosecution under Title 8, Subtitle 1 of this article given by a holder of an instrument to the maker of the instrument.

accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or

A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

Each day on which a violation of this section occurs is a separate violation.

In this section the following words have the meanings indicated.

“Local official” means an individual serving in a publicly elected office of a local government unit, as defined in § 10–101 of the State Government Article.

“Threat” includes:

In this section the following words have the meanings indicated.

“Intimate parts” has the meaning stated in § 3–809 of this title.

“Sexual activity” has the meaning stated in § 3–809 of this title.

engage in an act of sexual activity by threatening to:

engage as a subject in the production of a visual representation or performance that depicts the other with the other’s intimate parts exposed or engaging in or simulating an act of sexual activity by threatening to:

subject to item (2) of this subsection, may not be made available for public inspection; and

except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge under this section to:

“stalking” means a malicious course of conduct that includes approaching or pursuing another where:

“stalking” includes conduct described in item (1) of this subsection that occurs:

performed to ensure compliance with a court order;

performed to carry out a specific lawful commercial purpose; or

authorized, required, or protected by local, State, or federal law.

Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

A person who violates this section is guilty of a felony and is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both if:

In this section the following words have the meanings indicated.

“Residence” includes the yard, grounds, outbuildings, and common areas surrounding a residence.

“Visual surveillance” has the meaning stated in § 3–901 of this title.

with the intent to harass, alarm, or annoy the other;

after receiving a reasonable warning or request to stop by or on behalf of the other; and

without a legal purpose.

This section does not apply to a peaceable activity intended to express a political view or provide information to others.

This section may not be construed in a manner that infringes on any right guaranteed under the United States Constitution or the Maryland Declaration of Rights.

for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.

an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;

repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or

a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.

In this section the following words have the meanings indicated.

“Electronic communication” means the act of transmitting any information, data, writing, image, or communication by the use of a computer or any other electronic means, including a communication that involves the use of e–mail, an instant messaging service, an Internet website, a social media application, a network call, a facsimile machine, or any other Internet–based communication tool.

“Electronic conduct” means the use of a computer or a computer network to:

“Instant messaging service” means a computer service allowing two or more users to communicate with each other in real time.

“Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.

“Social media application” means any program, software, or website that allows a person to become a registered user for the purpose of establishing personal relationships with one or more other users through:

“Social media profile” means a website or profile created using a social media application.

A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:

A person may not maliciously engage in an electronic communication if:

A person may not maliciously engage in a single significant act or course of conduct using an electronic communication if:

A person may not maliciously engage in electronic conduct if:

A person may not violate this section with the intent to induce a minor to commit suicide.

a provider of electronic communication;

an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or

a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication.

intended to express a political view or provide information to others; or

conducted for a lawful purpose.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(6) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

In this section the following words have the meanings indicated.

“Commercial electronic mail message” means an electronic message sent primarily for the purpose of commercial advertisement or promotion of:

“Domain name” means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic mail address on the Internet.

“Electronic mail service provider” means any person, including an Internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account.

“Financial institution” has the same meaning as provided in § 1–101 of the Financial Institutions Article.

“Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes.

The term “initiate”, when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message and does not include actions that constitute routine conveyance of such message.

“Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

“Internet protocol address” means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.

“Materially falsified” means altered or concealed in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this section:

“Multiple” means:

“Protected computer” means a computer used in intrastate or interstate communication.

“Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses.

use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message;

materially falsify header information in multiple commercial electronic mail messages and intentionally initiate the transmission of the messages;

register, using information that materially falsifies the identity of the actual registrant, for 15 or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiate the transmission of multiple commercial electronic mail messages from one or any combination of accounts or domain names;

falsely represent the right to use five or more Internet protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from the Internet protocol addresses;

access a protected computer of another without authorization, and intentionally initiate the transmission of multiple electronic mail advertisements from or through the protected computer;

violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting addresses to which a message was transmitted, knowing that:

violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting electronic mail addresses of recipients obtained using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section involving the transmission of more than 250 commercial electronic mail messages during a 24–hour period, 2,500 commercial electronic mail messages during any 30–day period, or 25,000 commercial electronic mail messages during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(3) of this section involving 20 or more electronic mail accounts or 10 or more domain names and intentionally initiates the transmission of multiple commercial electronic mail messages from the accounts or using the domain names is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section that causes a loss of $500 or more during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in concert with three or more other persons as the leader or organizer of the action that constitutes the violation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates 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.

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.

any money 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

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.

An action brought under this subsection shall be commenced within 2 years after the commission of the act.

The Attorney General may institute a civil action against a person who violates this section to recover a civil penalty not exceeding:

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.

The Attorney General may enforce criminal violations of this section.