# Criminal Law (GCR)

## Title 7. Theft and Related Crimes

### Subtitle 1. Crimes Involving Theft

#### Section 7-101

(a) In this part the following words have the meanings indicated.

(b)

  (1) "Deception" means knowingly to:

    (i) create or confirm in another a false impression that the offender does not believe to be true;

    (ii) fail to correct a false impression that the offender previously has created or confirmed;

    (iii) prevent another from acquiring information pertinent to the disposition of the property involved;

    (iv) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the impediment is of value or a matter of official record;

    (v) insert or deposit a slug in a vending machine;

    (vi) remove or alter a label or price tag;

    (vii) promise performance that the offender does not intend to perform or knows will not be performed; or

    (viii) misrepresent the value of a motor vehicle offered for sale by tampering or interfering with its odometer, or by disconnecting, resetting, or altering its odometer with the intent to change the mileage indicated.

  (2) "Deception" does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual.

(c) "Deprive" means to withhold property of another:

  (1) permanently;

  (2) for a period that results in the appropriation of a part of the property's value;

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

  (4) 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.

(d)

  (1) "Exert control" includes to take, carry away, appropriate to a person's own use or sell, convey, or transfer title to an interest in or possession of property.

  (2) "Exert control" does not include:

    (i) to trespass on the land of another; or

    (ii) to occupy the land of another without authorization.

(e)

  (1) "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.

  (2) "Interactive computer service" includes a service or system that provides access to the Internet.

(f) "Motor vehicle" has the meaning stated in Sec. 11-135 of the Transportation Article.

(g) "Obtain" means:

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

  (2) in relation to a service, to secure the performance of the service.

(h) Except as otherwise expressly provided in this part, "owner" means a person, other than the offender:

  (1) who has an interest in or possession of property regardless of whether the person's interest or possession is unlawful; and

  (2) without whose consent the offender has no authority to exert control over the property.

(i)

  (1) "Property" means anything of value.

  (2) "Property" includes:

    (i) real estate;

    (ii) money;

    (iii) a commercial instrument;

    (iv) an admission or transportation ticket;

    (v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;

    (vi) a thing growing on or affixed to, or found on land, or part of or affixed to any building;

    (vii) electricity, gas, and water;

    (viii) a bird, animal, or fish that ordinarily is kept in a state of confinement;

    (ix) food or drink;

    (x) a sample, culture, microorganism, or specimen;

    (xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;

    (xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:

      (1) scientific, technical, merchandising, production, or management information; or

      (2) designed process, procedure, formula, invention, trade secret, or improvement;

    (xiii) a financial instrument; and

    (xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual.

(j) "Property of another" means property in which a person other than the offender has an interest that the offender does not have the authority to defeat or impair, even though the offender also may have an interest in the property.

(k) "Service" includes:

  (1) labor or professional service;

  (2) telecommunication, public utility, toll facility, or transportation service;

  (3) lodging, entertainment, or restaurant service; and

  (4) the use of computers, data processing, or other equipment.

(l) "Slug" means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine.

(m)

  (1) "Theft" means the conduct described in Sec.Sec. 7-104 through 7-107 of this subtitle.

  (2) "Theft" includes motor vehicle theft, unless otherwise indicated.

(n) "Vending machine" means a device designed to receive a specified payment and in exchange automatically offer, provide, assist in providing, or allow a person to acquire property or service.

#### Section 7-102

(a) Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as:

  (1) larceny;

  (2) larceny by trick;

  (3) larceny after trust;

  (4) embezzlement;

  (5) false pretenses;

  (6) shoplifting; and

  (7) receiving stolen property.

(b)

  (1) A person acts "knowingly":

    (i) with respect to conduct or a circumstance as described by a statute that defines a crime, when the person is aware of the conduct or that the circumstance exists;

    (ii) with respect to the result of conduct as described by a statute that defines a crime, when the person is practically certain that the result will be caused by the person's conduct; and

    (iii) with respect to a person's knowledge of the existence of a particular fact, if that knowledge is an element of a crime, when the person is practically certain of the existence of that fact.

  (2) The terms "knowing" and "with knowledge" are construed in the same manner.

#### Section 7-103

(a) In this section, "value" means:

  (1) the market value of the property or service at the time and place of the crime; or

  (2) if the market value cannot satisfactorily be ascertained, the cost of the replacement of the property or service within a reasonable time after the crime.

(b) Except as provided in Sec. 7-104.1 of this subtitle, the value of property or service under this part shall be determined in accordance with this section.

(c)

  (1) Except as provided in paragraph (2) of this subsection, this subsection applies to a written instrument whether or not the instrument has been issued or delivered.

  (2) This subsection does not apply to a written instrument that has a readily ascertainable market value.

  (3)

    (i) For purposes of this part, a written instrument is valued as provided by this paragraph.

    (ii) The value of an instrument constituting evidence of debt, including a check, draft, or promissory note, is the amount due or collectible on the instrument. That value is ordinarily the face amount of the instrument, less any portion that has been satisfied.

    (iii) The value of any other instrument that creates, releases, discharges, or otherwise affects a valuable legal right, privilege, or obligation is the amount of economic loss the owner of the instrument might reasonably suffer because of the loss of the instrument.

(d) The value of a trade secret lacking a readily ascertainable market value is a reasonable value that represents the damage the owner suffered by the loss of an advantage over those who do not know or use the trade secret.

(e)

  (1) For the purposes of determining whether a theft violation subject to either Sec. 7-104(g)(1) or (2) of this subtitle has been committed, when it cannot be determined whether the value of the property or service is more or less than $1,500 under the standards of this section, the value is deemed to be less than $1,500.

  (2) For the purposes of determining whether a theft violation subject to either Sec. 7-104(g)(2) or (3) of this subtitle has been committed, when it cannot be determined whether the value of the property or service is more or less than $100 under the standards of this section, the value is deemed to be less than $100.

(f)

  (1) When theft is committed in violation of this part under one scheme or continuing course of conduct, whether from the same or several sources:

    (i) the conduct may be considered as one crime; and

    (ii) the value of the property or services may be aggregated in determining whether the theft is a felony or a misdemeanor.

  (2) Multiple thefts committed by the same person in multiple counties under one scheme or continuing course of conduct may be joined and prosecuted in any county in which any one of the thefts occurred.

(g) The value of a chip designated for use in a table game authorized under Title 9, Subtitle 1A of the State Government Article is:

  (1) the face value depicted on the chip; or

  (2) if no face value is depicted on the chip, the value designated by the Maryland Lottery and Gaming Control Commission based on the color of the chip.

(h)

  (1)

    (i) In this subsection the following words have the meanings indicated.

    (ii) "Closed-loop gift card" has the meaning stated in Sec. 14-4901 of the Commercial Law Article.

    (iii)

      (1) "Gift card" means an open-loop gift card or a closed-loop gift card.

      (2) "Gift card" does not include:

      (A) a credit card;

      (B) an electronic funds transfer; or

      (C) money, a check, a draft, or any other similar paper instrument.

    (iv) "Open-loop gift card" has the meaning stated in Sec. 14-4901 of the Commercial Law Article.

  (2) The value of a gift card is the greatest of:

    (i)

      (1) the highest value listed on the gift card or its packaging; or

      (2) $100, if no value is listed on the gift card or its packaging; or

    (ii) the amount of loss incurred by any person involving the use of the gift card.

#### Section 7-104

(a) A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person:

  (1) intends to deprive the owner of the property;

  (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

  (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

(b) A person may not obtain control over property by willfully or knowingly using deception, if the person:

  (1) intends to deprive the owner of the property;

  (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

  (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

(c)

  (1) A person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person:

    (i) intends to deprive the owner of the property;

    (ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or

    (iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.

  (2) In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if:

    (i) the person possesses or exerts control over property stolen from more than one person on separate occasions;

    (ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or

    (iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value.

  (3) In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that:

    (i) the person who stole the property has not been convicted, apprehended, or identified;

    (ii) the defendant stole or participated in the stealing of the property;

    (iii) the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or

    (iv) the stealing of the property did not occur in the State.

  (4) Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice.

(d) A person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person:

  (1) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;

  (2) fails to take reasonable measures to restore the property to the owner; and

  (3) intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.

(e) A person may not obtain the services of another that are available only for compensation:

  (1) by deception; or

  (2) with knowledge that the services are provided without the consent of the person providing them.

(f) Under this section, an offender's intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed.

(g)

  (1) A person convicted of theft of property or services with a value of:

    (i) at least $1,500 but less than $25,000 is guilty of a felony and:

      (1) is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and

      (2) shall restore the property taken to the owner or pay the owner the value of the property or services;

    (ii) at least $25,000 but less than $100,000 is guilty of a felony and:

      (1) is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both; and

      (2) shall restore the property taken to the owner or pay the owner the value of the property or services; or

    (iii) $100,000 or more is guilty of a felony and:

      (1) is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both; and

      (2) shall restore the property taken to the owner or pay the owner the value of the property or services.

  (2) Except as provided in paragraph (3) of this subsection, a person convicted of theft of property or services with a value of at least $100 but less than $1,500, is guilty of a misdemeanor and:

    (i) is subject to:

      (1) for a first conviction, imprisonment not exceeding 6 months or a fine not exceeding $500 or both; and

      (2) for a second or subsequent conviction, imprisonment not exceeding 1 year or a fine not exceeding $500 or both; and

    (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

  (3) A person convicted of theft of property or services with a value of less than $100 is guilty of a misdemeanor and:

    (i) is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

    (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

  (4) Subject to paragraph (5) of this subsection, a person who has four or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $1,500 under paragraph (2) of this subsection is guilty of a misdemeanor and:

    (i) is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and

    (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

  (5) The court may not impose the penalties under paragraph (4) of this subsection unless the State's Attorney serves notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that:

    (i) the State will seek the penalties under paragraph (4) of this subsection; and

    (ii) lists the alleged prior convictions.

(h)

  (1) If a person is convicted of a violation under this section for failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall:

    (i) notify the person that the person's driver's license may be suspended under Sec. 16-206.1 of the Transportation Article; and

    (ii) notify the Motor Vehicle Administration of the violation.

  (2) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this subsection.

(i) An action or prosecution for a violation of subsection (g)(2) or (3) of this section shall be commenced within 2 years after the commission of the crime.

(j) A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated.

#### Section 7-104.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Organized retail theft" means the commission, either alone or in concert with one or more other persons, of a series of thefts of retail merchandise from one or more retail merchants over a 90-day period with the intent to:

    (i) permanently deprive the merchant of the merchandise;

    (ii) return the merchandise to the merchant for monetary or other gain; or

    (iii) resell, trade, or barter the merchandise for monetary or other gain.

  (3)

    (i) "Value" has the meaning stated in Sec. 7-103 of this subtitle.

    (ii) "Value" includes the market value of any property damaged in furtherance of the crime and any costs to repair, replace, or restock any damaged or stolen property.

(b) A person may not commit organized retail theft of property with an aggregate value exceeding $1,500.

(c) A person who violates subsection (b) of this section with a value of:

  (1) at least $1,500 but less than $25,000 is guilty of a felony and:

    (i) is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and

    (ii) shall restore the property taken to the owner or pay the owner the value of the property or services;

  (2) at least $25,000 but less than $100,000 is guilty of a felony and:

    (i) is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both; and

    (ii) shall restore the property taken to the owner or pay the owner the value of the property or services; or

  (3) $100,000 or more is guilty of a felony and:

    (i) is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both; and

    (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.

(d)

  (1) This section does not preclude prosecution for theft under Sec. 7-104 of this subtitle.

  (2) If a person is convicted under Sec. 7-104 of this subtitle and this section for the same acts or transactions, the conviction under this section shall merge for sentencing purposes into the conviction under Sec. 7-104 of this subtitle.

(e)

  (1)

    (i) If a defendant is convicted of or receives a probation before judgment disposition for theft under Sec. 7-104 of this subtitle, burglary under Sec. 6-203 or Sec. 6-205 of this article, robbery under Sec. 3-402 or Sec. 3-403 of this article, or use of a firearm in the commission of a crime of violence or a felony under Sec. 4-204 of this article, on request of the State's Attorney the court shall make a finding of fact based on evidence produced at trial as to whether the crime is organized retail theft.

    (ii) The State has the burden of proving by a preponderance of the evidence that the crime is organized retail theft.

  (2) If the court finds that the crime is organized retail theft under paragraph (1) of this subsection, that finding shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository under Sec. 10-215 of the Criminal Procedure Article.

#### Section 7-105

(a) In this section, "owner" means a person who has a lawful interest in or is in lawful possession of a motor vehicle by consent or chain of consent of the title owner.

(b) A person may not knowingly and willfully take a motor vehicle out of the owner's lawful custody, control, or use without the owner's consent.

(c) A person who violates this section:

  (1) is guilty of the felony of taking a motor vehicle and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and

  (2) shall restore the motor vehicle or, if unable to restore the motor vehicle, pay to the owner the full value of the motor vehicle.

(d)

  (1) This section does not preclude prosecution for theft of a motor vehicle under Sec. 7-104 of this part.

  (2) If a person is convicted under Sec. 7-104 of this part and this section for the same act or transaction, the conviction under this section shall merge for sentencing purposes into the conviction under Sec. 7-104 of this part.

#### Section 7-105.1

(a) Subject to subsection (c) of this section, in a criminal case or juvenile proceeding involving theft of a motor vehicle under Sec. 7-104 or Sec. 7-105 of this subtitle, an affidavit sworn to in open court by the lawful owner of the motor vehicle may be introduced thereafter as substantive evidence that the motor vehicle was taken from the lawful owner and operated, used, or possessed without the lawful owner's authorization.

(b) The affidavit shall:

  (1) be given under oath subject to the penalty of perjury; and

  (2) be attached to a copy of the certificate of title of the motor vehicle.

(c)

  (1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to:

    (i) rely on the affidavit; and

    (ii) introduce the affidavit into evidence at the proceeding.

  (2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

#### Section 7-106

(a) In this section, "newspaper" means a periodical that is distributed on a complimentary or compensatory basis.

(b) A person may not knowingly or willfully obtain or exert control that is unauthorized over newspapers with the intent to prevent another from reading the newspapers.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

#### Section 7-107

(a) A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person:

  (1) makes a false representation that there are sufficient funds in the drawee bank to cover the check; and

  (2) commits deception as provided under Sec. 7-104(b) or (e) of this part.

(b) If a person is prosecuted for theft under this section, the presumptions of Sec. 8-104 of this article apply to the same extent as if the person were prosecuted under Sec. 7-104 of this part.

#### Section 7-108

(a) An indictment, information, warrant, or other charging document for theft under this part, other than for taking a motor vehicle under Sec. 7-105 of this part, is sufficient if it substantially states:

"(name of defendant) on (date) in (county) stole (property or services stolen) of (name of victim), having a value of (less than $1,500, at least $1,500 but less than $25,000, at least $25,000 but less than $100,000, or $100,000 or more) in violation of Sec. 7-104 of the Criminal Law Article, against the peace, government, and dignity of the State.". 

(b) An indictment, information, warrant, or other charging document for theft under this part for taking a motor vehicle under Sec. 7-105 of this part is sufficient if it substantially states:

"(name of defendant) on (date) in (county) knowingly and willfully took a motor vehicle out of (name of victim)'s lawful custody, control, or use, without the consent of (name of victim), in violation of Sec. 7-105 of the Criminal Law Article, against the peace, government, and dignity of the State.".

(c) In a case in the circuit court in which the general form of indictment or information is used to charge a defendant with a crime under this part, the defendant, on timely demand, is entitled to a bill of particulars.

(d) Unless specifically charged by the State, theft of property or services with a value of less than $100 as provided under Sec. 7-104(g)(3) of this subtitle may not be considered a lesser included crime of any other crime.

#### Section 7-109

(a) Subject to subsection (b) of this section, a charge of theft may be proved by evidence that the theft was committed in a manner that is theft under this part, even if a different manner is specified in the information, indictment, warrant, or other charging document.

(b) A court may grant a continuance or other appropriate relief:

  (1) to ensure a fair trial; and

  (2) if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

#### Section 7-110

(a)

  (1) It is not a defense to the crime of theft that the defendant has an interest in the property that was the subject of the theft if another also has an interest in or right to possess the property that the defendant is not entitled to infringe.

  (2) In determining the right of possession:

    (i) a joint or common owner of the property does not have a right of possession of the property that is superior to the right of any other joint or common owner of the property; and

    (ii) in the absence of a contrary agreement, a person in lawful possession of the property has a right of possession superior to the right of possession of a person who has only a security interest in the property, even if legal title to the property lies with the holder of the security interest under a conditional sale contract or other security agreement.

(b)

  (1) It is not a defense to the crime of theft that the property was taken, obtained, or withheld from a person who had obtained the property by illegal means.

  (2) It is not a defense to the crime of theft of property or services with a value of less than $100 as provided under Sec. 7-104(g)(3) of this subtitle that the value of the property or services at issue is $100 or more.

(c) It is a defense to the crime of theft that:

  (1) the defendant acted under a good faith claim of right to the property involved;

  (2) the defendant acted in the honest belief that the defendant had the right to obtain or exert control over the property as the defendant did;

  (3) the property involved was that of the defendant's spouse, unless the defendant and the defendant's spouse were not living together as husband and wife and were living in separate residences at the time of the alleged theft; or

  (4) in a case of theft of a trade secret, the defendant rightfully knew the trade secret, or the trade secret was available to the defendant from a source other than the owner.

(d) Any common law and evidentiary presumption applicable on July 1, 1979 to the crimes consolidated under this part also apply to the crime of theft, unless the presumption:

  (1) is repealed or modified under this part; or

  (2) is modified by a court decision rendered after July 1, 1979.

#### Section 7-113

(a) A fiduciary may not:

  (1) fraudulently and willfully appropriate money or a thing of value that the fiduciary holds in a fiduciary capacity contrary to the requirements of the fiduciary's trust responsibility; or

  (2) secrete money or a thing of value that the fiduciary holds in a fiduciary capacity with a fraudulent intent to use the money or thing of value contrary to the requirements of the fiduciary's trust responsibility.

(b) A person who violates this section is guilty of the misdemeanor of embezzlement and on conviction is subject to imprisonment for not less than 1 year and not exceeding 5 years.

(c) A person who violates this section is subject to Sec. 5-106(b) of the Courts Article.

#### Section 7-114

(a)

  (1) In this section, "revenue officer" means an officer with the duty to collect revenue due to the State, a county, or other governmental entity.

  (2) "Revenue officer" includes:

    (i) a clerk;

    (ii) a notary public;

    (iii) a register of wills;

    (iv) a sheriff; and

    (v) a tax collector.

(b) A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:

  (1) 60 days after the date specified by law for the revenue officer to make payment; or

  (2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.

(c)

  (1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.

  (2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:

    (i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and

    (ii) is subject to any other penalty provided by law.

(d) A revenue officer who violates this section is subject to Sec. 5-106(b) of the Courts Article.

(e) In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.

#### Section 7-115

(a) While a contract of pledge or hypothecation is in effect, a person may not, without the consent of the pledgor, repledge or rehypothecate a security, the title to which passes by delivery or endorsement received or held by the person as guaranty for money lent or advanced to the owner or holder of the security.

(b) 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 less than $500 and not exceeding $5,000 or both.

(c) A person who violates this section is subject to Sec. 5-106(b) of the Courts Article.

#### Section 7-116

(a) This section applies to a person who is entrusted with money as an advance against grain or other merchandise:

  (1) that is purchased and stored in an elevator; and

  (2) for which a certificate or receipt has been delivered to an official of the elevator storage facility or to the party with whom the grain or other merchandise is stored for shipment and transport to the purchaser.

(b) A person may not, for the person's own benefit and in bad faith, fail to deliver to the party who entrusted the person with money under the circumstances described in subsection (a) of this section as soon as the shipment of grain or other merchandise is completed and the bill of lading is delivered to the purchaser:

  (1) the draft or bill of exchange and other document required for shipment of the cargo of grain or other merchandise; and

  (2) any policy of insurance on the grain or other merchandise.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years or a fine not less than $500 and not exceeding $5,000 or both.

(d) A person who violates this section is subject to Sec. 5-106(b) of the Courts Article.

### Subtitle 2. Unlawful Use of Goods

#### Section 7-201

(a) This section applies only to a wheeled cart or other similar device that is clearly marked with the name and address of its owner and if notice of this section is clearly and prominently displayed at each public exit from the grocery store, store, or market that owns the wheeled cart or other similar device.

(b)

  (1) A person may not:

    (i) without the permission of the owner or agent of the owner, remove a wheeled cart or other similar device provided for the purpose of assembling or carrying purchased materials from a grocery store, store, or market, including its parking facilities;

    (ii) damage any wheeled cart or other device owned by the grocery store, store, or market from which the cart was obtained; or

    (iii) abandon a wheeled cart or other device on the streets or alleys of the State.

  (2) A person may abandon a wheeled cart or other device on the parking facilities of the grocery store, store, or market from which the cart was obtained.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25 for each violation.

#### Section 7-202

(a) A bailee for hire, or a servant, agent, or employee of the bailee, may not willfully appropriate and use, or allow the appropriation and use of, any property that is the subject matter of the bailment without the consent of the owner of that property.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 or both.

#### Section 7-203

(a) Without the permission of the owner, a person may not take and carry away from the premises or out of the custody of another or use of the other, or the other's agent, or a governmental unit any property, including:

  (1) a vehicle;

  (2) a motor vehicle;

  (3) a vessel; or

  (4) livestock.

(b) A person who violates this section is guilty of a misdemeanor and on conviction:

  (1) is subject to imprisonment for not less than 6 months and not exceeding 4 years or a fine not less than $50 and not exceeding $100 or both; and

  (2) shall restore the property taken and carried away in violation of this section or, if unable to restore the property, shall pay to the owner the full value of the property.

(c) It is not a defense to this section that the person intends to hold or keep the property for the person's present use and not with the intent of appropriating or converting the property.

#### Section 7-204

(a) A person may not use, distribute, manufacture, duplicate, or possess keys capable of being used in locks in or on real property that the State owns or leases unless the use, distribution, manufacture, duplication, or possession is in accordance with the regulations adopted under subsection (c) of this section.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each violation.

(c)

  (1) The Department of General Services shall adopt regulations to govern the use, distribution, manufacture, duplication, and possession of keys capable of being used in locks in or on real property that the State owns or leases.

  (2) Each key subject to the regulations adopted under this subsection shall be clearly identified by:

    (i) the words "do not duplicate" or "unlawful to duplicate"; and

    (ii) a symbol indicating State ownership.

#### Section 7-205

(a) A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it.

(b)

  (1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle.

  (2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

### Subtitle 3. Crimes Involving Telecommunications and Electronics

#### Section 7-301

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Code grabbing device" means a device that is capable of:

    (i) receiving and recording the coded signal transmitted by an electronic security system; and

    (ii) playing back the coded signal to disarm the electronic security system.

  (3) "Electronic security system" includes:

    (i) an electronic home security system;

    (ii) a motor vehicle security alarm system;

    (iii) an automatic garage door opener;

    (iv) a home detention monitoring device; and

    (v) an electronic or magnetic theft detection device used in a retail establishment.

(b) A person may not manufacture, sell, use, or possess a code grabbing device with the intent that the code grabbing device be used in the commission of a crime.

(c) A person may not knowingly possess a device intended to shield merchandise from detection by an electronic security system with the intent to commit theft.

(d) A person may not knowingly possess a tool or device designed to allow the deactivation or removal from any merchandise an electronic security system or a device used as part of an electronic security system with the intent to:

  (1) use the tool or device to deactivate any electronic security system; or

  (2) remove any electronic security system or device used as part of an electronic security system from any merchandise without the permission of the merchant or person owning or lawfully holding the merchandise.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

#### Section 7-302

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Access" means to instruct, communicate with, store data in, retrieve or intercept data from, or otherwise use the resources of a computer program, computer system, or computer network.

  (3)

    (i) "Aggregate amount" means a direct loss of property or services incurred by a victim.

    (ii) "Aggregate amount" includes:

      (1) the value of any money, property, or service lost, stolen, or rendered unrecoverable by the crime; or

      (2) any actual reasonable expenditure incurred by the victim to verify whether a computer program, computer, computer system, or computer network was altered, acquired, damaged, deleted, disrupted, or destroyed by access in violation of this section.

  (4)

    (i) "Computer" means an electronic, magnetic, optical, organic, or other data processing device or system that performs logical, arithmetic, memory, or storage functions.

    (ii) "Computer" includes property, a data storage facility, or a communications facility that is directly related to or operated with a computer.

    (iii) "Computer" does not include an automated typewriter, a typesetter, or a portable calculator.

  (5) "Computer control language" means ordered statements that direct a computer to perform specific functions.

  (6) "Computer database" means a representation of information, knowledge, facts, concepts, or instructions that:

    (i) is intended for use in a computer, computer system, or computer network; and

    (ii)

      (1) is being prepared or has been prepared in a formalized manner; or

      (2) is being produced or has been produced by a computer, computer system, or computer network.

  (7) "Computer network" means the interconnection of one or more computers through:

    (i) the use of a satellite, microwave, line, or other communication medium; and

    (ii) terminals or a complex consisting of two or more interconnected computers regardless of whether the interconnection is continuously maintained.

  (8) "Computer program" means an ordered set of instructions or statements that may interact with related data and, when executed in a computer system, causes a computer to perform specified functions.

  (9) "Computer services" includes computer time, data processing, and storage functions.

  (10) "Computer software" means a computer program, instruction, procedure, or associated document regarding the operation of a computer system.

  (11) "Computer system" means one or more connected or unconnected computers, peripheral devices, computer software, data, or computer programs.

  (12) "Critical infrastructure" means systems and assets, whether physical or virtual, that are so vital to the State, a county, or a municipality that the incapacity or destruction of one or more components would have a debilitating impact on:

    (i) public security;

    (ii) economic security;

    (iii) public health;

    (iv) public safety;

    (v) public transportation; or

    (vi) public utilities.

  (13) "Ransomware" means a computer or data contaminant, encryption, or lock that:

    (i) is placed or introduced without authorization into a computer, a computer network, or a computer system; and

    (ii) restricts access by an authorized person to a computer, computer data, a computer network, or a computer system in a manner that results in the person responsible for the placement or introduction of the contaminant, encryption, or lock demanding payment of money or other consideration to remove the contaminant, encryption, or lock.

(b) This section does not preclude the applicability of any other provision of this Code.

(c)

  (1) A person may not intentionally, willfully, and without authorization:

    (i) access, attempt to access, cause to be accessed, or exceed the person's authorized access to all or part of a computer network, computer control language, computer, computer software, computer system, computer service, or computer database; or

    (ii) copy, attempt to copy, possess, or attempt to possess the contents of all or part of a computer database accessed in violation of item (i) of this paragraph.

  (2) A person may not commit an act prohibited by paragraph (1) of this subsection with the intent to:

    (i) cause the malfunction or interrupt the operation of all or any part of a computer, computer network, computer control language, computer software, computer system, computer service, or computer data; or

    (ii) alter, damage, or destroy all or any part of data or a computer program stored, maintained, or produced by a computer, computer network, computer software, computer system, computer service, or computer database.

  (3) A person may not intentionally, willfully, and without authorization:

    (i) possess, identify, or attempt to identify a valid access code; or

    (ii) publicize or distribute a valid access code to an unauthorized person.

  (4) A person may not commit an act prohibited under this subsection with the intent to interrupt or impair the functioning of:

    (i) the State government;

    (ii) a service, device, or system related to the production, transmission, delivery, or storage of electricity or natural gas in the State that is owned, operated, or controlled by a person other than a public service company, as defined in Sec. 1-101 of the Public Utilities Article;

    (iii) a service provided in the State by a public service company, as defined in Sec. 1-101 of the Public Utilities Article;

    (iv) a health care facility, as defined in Sec. 18-338.1 of the Health - General Article; or

    (v) a public school, as defined in Sec. 1-101 of the Education Article.

  (5)

    (i) This paragraph does not apply to a person who has a bona fide scientific, educational, governmental, testing, news, or other similar justification for possessing ransomware.

    (ii) A person may not knowingly possess ransomware with the intent to use the ransomware for the purpose of introduction into the computer, computer network, or computer system of another person without the authorization of the other person.

  (6) A person may not intentionally, willfully, and without authorization commit an act prohibited under this subsection with the intent to interrupt or impair the functioning of critical infrastructure or a public safety answering point, as defined in Sec. 1-301 of the Public Safety Article.

  (7) A person may not intentionally, willfully, and without authorization commit an act prohibited under this subsection that denies access to an authorized user of or interrupts or impairs the functioning of critical infrastructure or a public safety answering point, as defined in Sec. 1-301 of the Public Safety Article.

(d)

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

  (2) A person who violates subsection (c)(2) or (3) of this section:

    (i) if the aggregate amount of the loss is $10,000 or more, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; or

    (ii) if the aggregate amount of the loss is less than $10,000, 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.

  (3) A person who violates subsection (c)(4) of this section:

    (i) if the aggregate amount of the loss is $10,000 or more, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both; or

    (ii) if the aggregate amount of the loss is less than $10,000, is guilty of a misdemeanor 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)(5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

  (5) A person who violates subsection (c)(6) of this section 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.

  (6) A person who violates subsection (c)(7) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $50,000 or both.

(e) Access achieved in violation of this section under a single scheme or a continuing course of conduct may be considered as one violation.

(f) A court of competent jurisdiction may try a person prosecuted under this section in any county in this State where:

  (1) the defendant performed the act; or

  (2) the accessed computer is located.

(g)

  (1) A person who has suffered a specific and direct injury because of a violation of this section may bring a civil action in a court of competent jurisdiction.

  (2) In an action under this subsection, the court may award actual damages and reasonable attorney's fees and court costs.

  (3) A conviction for an offense under this section is not a prerequisite for maintenance of an action under this subsection.

#### Section 7-303

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Cable television company" means a franchised or private cable television company.

  (3) "Cable television service" means:

    (i) cable and satellite cable programming;

    (ii) service provided by or through the facility of a cable television system or a closed circuit coaxial cable communication system; or

    (iii) a microwave, satellite, or similar transmission service used with a cable television system or a closed circuit coaxial cable communication system.

(b)

  (1) Destroying, damaging, cutting, tampering with, installing, tapping, removing, displacing, or connecting with a wire, conduit, apparatus, or other equipment of a cable television company is prima facie evidence of an intent to receive cable television services without payment.

  (2) Actual possession of a device designed to facilitate an act prohibited by this section, or possession and control of a quantity of those devices indicating possession for resale, is prima facie evidence of an intent to violate this section.

(c) A person may not:

  (1) destroy, damage, cut, tamper with, install, tap, remove, displace, or connect with a wire, conduit, apparatus, or other equipment of a cable television company with the intent to receive cable television services without payment;

  (2) prevent, obstruct, or delay the sending, conveyance, distribution, or receiving of programming material transmitted by a cable television company;

  (3) with the intent to deprive a person of lawful compensation, receive, attempt to receive, or assist another to receive:

    (i) cable television service by trick, use of a decoder, or other fraudulent means; or

    (ii) satellite cable programming that is:

      (1) offered for sale in the person's area through an unauthorized marketing system; or

      (2) received by decoding encrypted satellite cable programming;

  (4) without authority from the cable television company, connect with a cable, wire, component, or other device used to distribute cable television service;

  (5) alter:

    (i) a device installed with the authorization of a cable television company to intercept or receive a program or service carried by the company; or

    (ii) equipment capable of decoding encrypted satellite cable programming to intercept or receive satellite cable programming; or

  (6) sell, rent, or offer for sale or rent a device or a plan for a device knowing that the recipient intends to use the device or to plan to do an act prohibited by this section.

(d)

  (1) 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:

    (i) for a first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; or

    (ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

  (2) A person who commits an act prohibited by this section for payment or offer of payment 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.

(e) A cable television company may bring an action to enjoin a violation of this section.

(f) In addition to the penalties under subsection (d) of this section, a person who violates subsection (c)(3) or (6) of this section is liable to the aggrieved cable television company for all appropriate civil damages awarded by a court.

(g) A device used to violate this section is subject to seizure by and forfeiture to the State.

#### Section 7-304

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Customer" means a person who subscribes to, or is financially responsible for a subscription to, telephone service from a telephone company.

  (3) "Telephone" means a device used by a person for voice communications transmitted in analog, data, or any other form.

  (4) "Telephone company" means a person that provides commercial telephone service to a customer, regardless of the communication technology used, including:

    (i) traditional wireline or cable telephone service;

    (ii) cellular, broadband PCS, or other commercial mobile radiotelephone service;

    (iii) microwave, satellite, or other terrestrial telephone service; and

    (iv) voice over Internet telephone service.

  (5)

    (i) "Telephone record" means information retained by a telephone company that relates to:

      (1) the telephone number dialed by a customer or other person using the customer's telephone;

      (2) the incoming number of a call directed to a customer or other person using the customer's telephone; or

      (3) other data related to calls typically contained on a customer's telephone bill, such as the time the call started and ended, the duration of the call, and any charges applied.

    (ii) "Telephone record" does not include information collected or retained by customers using caller I.D. or similar technology.

(b) This section does not apply to:

  (1) a person acting under a valid court order, warrant, or subpoena; or

  (2) a law enforcement officer acting in the performance of official duty.

(c) A person may not:

  (1) knowingly obtain, attempt to obtain, or solicit or conspire with another to obtain, a telephone record:

    (i) without the authorization of the customer to whom the record pertains; or

    (ii) by fraudulent, deceptive, or false means;

  (2) knowingly sell or attempt to sell a telephone record without the authorization of the customer to whom the record pertains; or

  (3) receive a telephone record:

    (i) knowing that the record has been obtained without the authorization of the customer to whom the record pertains; or

    (ii) by fraudulent, deceptive, or false means.

(d)

  (1) A violation of this section is an unfair or deceptive trade practice under Title 13 of the Commercial Law Article.

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

(e) Notwithstanding any other law, the prosecution for a violation of this section may be commenced in any county in which:

  (1) an element of the crime occurred; or

  (2) the victim resides.

(f) This section may not be construed to prohibit a telephone company from obtaining, using, disclosing, or allowing access to a customer's telephone record:

  (1) as otherwise authorized by law;

  (2) with the consent of the customer;

  (3) in connection with service provided to the customer;

  (4) for purposes of billing or collection from the customer;

  (5) as necessary to prevent fraud or abusive practices;

  (6) to a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the telephone record; or

  (7) to the National Center for Missing and Exploited Children, in connection with a report submitted under Sec. 227 of the federal Victims of Child Abuse Act of 1990.

#### Section 7-306

This part does not apply to:

(1) a radio or television broadcaster or cable radio or television operator who transfers sounds or images:

  (i) as part of or with a radio or television transmission; or

  (ii) for archival preservation; or

(2) a person who transfers sounds or images in the person's home for the person's personal use without consideration being derived by the person, or any other, from the transfer.

#### Section 7-307

This part does not affect the rights of parties in private litigation.

#### Section 7-308

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Deliver" means to sell, rent, distribute, or circulate.

  (3) "Performance" includes a live performance and a performance that is transmitted by wire, radio, or television.

  (4) "Recorded article" means a phonograph record, disc, wire, tape, film, videocassette, or other article on which sounds are recorded or otherwise stored.

(b)

  (1) This subsection applies only to sound recordings initially fixed before February 15, 1972.

  (2) Except as otherwise provided in this section, a person may not knowingly transfer or cause to be transferred any sounds recorded on a recorded article to any other recorded article:

    (i) with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and

    (ii) without the consent of the owner of the original fixation of sounds embodied in the master recorded article.

(c) Except as otherwise provided in this section, a person may not knowingly deliver, offer for delivery, possess for delivery, cause to be delivered, cause to be offered for delivery, or cause to be possessed for delivery a recorded article or device:

  (1) on which sounds have been transferred without the consent of the owner of the original fixation of sounds embodied in the master recorded article; or

  (2) embodying a performance without the consent of the performer.

(d)

  (1) Except as otherwise provided in this section, a person may not knowingly transfer to or cause to be transferred to a recorded article on which sounds or images have been transferred or stored any performance:

    (i) with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and

    (ii) without the consent of the performer.

  (2) A person may not knowingly deliver, offer for delivery, or possess for the purpose of delivery a recorded article on which sounds or images have been transferred or stored, unless the recorded article bears in a prominent place on its outside face or package:

    (i) the actual name and street address of the transferor of the sounds or images; and

    (ii) the actual name of the performer or group.

(e) Except in the lobby area of a motion picture theater, a person may not knowingly operate an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the theater.

#### Section 7-309

(a) For a first violation, a person who violates this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both for each individual act in violation of this part.

(b) For each subsequent violation, a person who violates this part 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 for each individual act in violation of this part.

#### Section 7-310

A recorded article produced in violation of this part and all equipment used to produce the recorded article are subject to forfeiture and destruction by the appropriate law enforcement unit.

#### Section 7-313

(a) In this part the following words have the meanings indicated.

(b)

  (1) "Manufacture" means:

    (i) with respect to an unlawful access device:

      (1) to make, produce, or assemble an unlawful access device; or

      (2) to modify, alter, program, or reprogram technology, software, or a device to defeat or circumvent technology, software, or a device that is used by the provider, owner, or licensee of a telecommunication service or of a data, audio, or video service, program, or transmission, to protect the telecommunication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission, or retransmission; and

    (ii) with respect to an unlawful telecommunication device or access code:

      (1) to make, produce, or assemble an unlawful telecommunication device or access code; or

      (2) to modify, alter, program, or reprogram a telecommunication device or access code to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission, or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider.

  (2) "Manufacture" includes knowingly to assist another in performing an activity described in paragraph (1) of this subsection.

(c) "Telecommunication device or access code" means:

  (1) an instrument, device, machine, equipment, technology, or software that is capable of transmitting, acquiring, decrypting, or receiving telephonic, electronic, data, Internet access, audio, video, microwave or radio communications, transmissions, signals, or services provided by or through a cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based, or wireless distribution network, system, or facility;

  (2) a part, accessory, or component of an item listed in item (1) of this subsection, including a computer circuit, security module, smart card, software, computer chip, electronic mechanism, or other part, component, or accessory of any telecommunication device that is capable of facilitating the transmission, decryption, acquisition, or reception of any type of communication, transmission, signal, or service listed in item (1) of this subsection; or

  (3) an electronic serial number, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, or transmit a telecommunication service.

(d) "Telecommunication service" means a service provided for a fee or other compensation:

  (1) to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, or sounds or intelligence of any nature by a telephone, cellular telephone, wire, wireless, radio, electromagnetic, photoelectronic, or photo-optical system; or

  (2) by a radio, telephone, fiber optic, cable television, satellite, microwave, data transmission, wireless, or Internet-based distribution system, network, or facility, including electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals, and services and those communications, transmissions, signals, and services provided directly or indirectly, by or through a system, network, facility, or technology listed in this subsection.

(e)

  (1) "Telecommunication service provider" means a person that:

    (i) owns or operates a fiber optic, cable television, satellite, Internet-based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility; or

    (ii) provides a telecommunication service directly or indirectly using any of the systems, networks, or facilities listed in item (i) of this paragraph.

  (2) "Telecommunication service provider" includes a person that, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.

(f) "Unlawful access device" means an instrument, device, access code, machine, equipment, technology, or software that is primarily designed, assembled, manufactured, sold, distributed, possessed, used, offered, promoted, or advertised to defeat or circumvent technology, software, or a device, or a component or part of any technology, software, or a device used by the provider, owner, or licensee of a telecommunication service or of a data, audio, or video program or transmission, to protect that telecommunication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission, or retransmission.

(g)

  (1) "Unlawful telecommunication device or access code" means a telecommunication device or access code that has been altered, designed, modified, programmed, or reprogrammed, alone or in conjunction with another telecommunication device or access code, to facilitate the disruption, acquisition, receipt, transmission, or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider.

  (2) "Unlawful telecommunication device or access code" includes a device, technology, product, service, equipment, access code, computer software, component, or part that is primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed, or used to provide the unauthorized access to or receipt, transmission, disruption, decryption, or acquisition of a telecommunication service provided by a telecommunication service provider.

#### Section 7-314

This part does not apply to:

(1) a law enforcement officer who possesses or uses a telecommunication device or access code in the course of an official law enforcement investigation;

(2) a telecommunication service provider while lawfully acting in that capacity; or

(3) a person who is expressly authorized by a law enforcement unit or other lawful authority to:

  (i) manufacture telecommunication devices or access codes for distribution or sale to a law enforcement unit or telecommunication service provider; or

  (ii) distribute or sell telecommunication devices or access codes to law enforcement units or telecommunication service providers.

#### Section 7-315

A person may not knowingly:

(1) possess, use, manufacture, distribute, transfer, sell, offer, promote, or advertise for sale, use, or distribution, an unlawful telecommunication device or access code:

  (i) to commit a theft of telecommunication service; or

  (ii) to receive, disrupt, transmit, decrypt, acquire, or facilitate the receipt, disruption, transmission, decryption, or acquisition of a telecommunication service without the express consent or express authorization of the telecommunication service provider;

(2) possess, use, manufacture, distribute, transfer, sell, offer, promote, or advertise for sale, use, or distribution an unlawful access device; or

(3) possess, use, prepare, distribute, sell, give, transfer, offer, promote, or advertise for sale, use, or distribution equipment, hardware, cables, tools, data, computer software, or other components, knowing that the purchaser or a third person intends to use them to manufacture an unlawful telecommunication device or access code for a purpose prohibited by this part.

#### Section 7-316

(a) A person who violates Sec. 7-315 of this part involving more than 100 unlawful telecommunication devices or access codes or unlawful access devices is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(b) A person who violates Sec. 7-315 of this part involving 100 or fewer unlawful telecommunication devices or access codes or unlawful access devices is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

(c) In addition to any other sentence authorized by law, the court may require a person convicted of violating this part to make restitution in accordance with the Criminal Procedure Article.

(d) In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of this part forfeit to the State any unlawful telecommunication devices or access codes or unlawful access devices in the person's possession or control that were involved in the violation.

#### Section 7-317

(a) A violation of Sec. 7-315 of this part may be considered to have been committed at either:

  (1) the place where the defendant manufactured the unlawful telecommunication device or access code or unlawful access device; or

  (2) any place where the unlawful telecommunication device or access code or unlawful access device was sold or delivered to a purchaser or recipient.

(b) It is not a defense to a violation of this part that some of the acts constituting the violation occurred out of the State.

#### Section 7-318

(a) A person who has suffered a specific and direct injury to a right protected by this part because of a violation of Sec. 7-315 of this part may bring a civil action in a court of competent jurisdiction.

(b) The court:

  (1) may impose preliminary and final injunctions to prevent or restrain a violation of Sec. 7-315 of this part;

  (2) at any time while an action is pending, may order the impounding of any unlawful telecommunication device or access code or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of Sec. 7-315 of this part;

  (3) may award damages subject to subsection (d) of this section; or

  (4) as part of a final judgment or decree finding a violation of Sec. 7-315 of this part, may order the remedial modification or destruction of any unlawful telecommunication device or access code or unlawful access device involved in the violation that is in the custody or control of the violator or that has been impounded under paragraph (2) of this subsection.

(c) This section does not allow the District Court to grant relief under subsection (b)(1) of this section.

(d)

  (1) Damages awarded by a court under this section may be computed as actual damages suffered by the complaining party as a result of the violation of Sec. 7-315 of this part and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages.

  (2) In determining the profits of the violator under paragraph (1) of this subsection:

    (i) the complaining party must prove only the violator's gross revenue; and

    (ii) the violator must prove the deductible expenses and elements of profit attributable to factors other than the violation.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)