EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0555*
HOUSE BILL 555
E1, D3 4lr0749
By: Delegates A. Johnson, Acevero, Boafo, Forbes, Grammer, Grossman,
S. Johnson, Kerr, McCaskill, McComas, Phillips, Pruski, Simmons, Taveras,
Taylor, and Terrasa
Introduced and read first time: January 24, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Unauthorized Dissemination of Personal Identifying 2
Information – Prohibition 3
FOR the purpose of prohibiting the unauthorized dissemination of certain personal 4
identifying information for certain purposes; establishing a cause of action for a 5
person injured by a violation of this Act; establishing a certain defense; and generally 6
relating to a prohibition against the unauthorized dissemination of personal 7
identifying information. 8
BY adding to 9
Article – Criminal Law 10
Section 3–810 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Law 16
3–810. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) (I) “DISSEMINATE” MEANS TO CIRCULATE, DELIVER, 20
DISTRIBUTE, TRANSMIT, PUBLISH, POST, OR OTHERWISE DISCLOS E INFORMATION 21
IN A PUBLIC FORUM . 22 2 HOUSE BILL 555
(II) “DISSEMINATE” DOES NOT INCLUDE A PRIVATE WRITING OR 1
ELECTRONIC COMMUNICA TION TO ANOTHER FOR WHICH AN INDIVIDUAL HAS A 2
REASONABLE EXPECTATI ON OF PRIVACY. 3
(3) “HOUSEHOLD MEMBER ” MEANS AN INDIVIDUAL WHO REGULARLY 4
RESIDES IN THE HOUSE HOLD OR WHO REGULARL Y RESIDED IN THE HOU SEHOLD 5
WITHIN 6 MONTHS PRECEDING THE VIOLATION OF THIS SU BSECTION. 6
(4) “IMMEDIATE FAMILY MEMB ER” MEANS A PARENT , 7
GRANDPARENT , SPOUSE, CHILD, STEPCHILD, FATHER–IN–LAW, MOTHER–IN–LAW, 8
SON–IN–LAW, DAUGHTER–IN–LAW, SIBLING, BROTHER–IN–LAW, SISTER–IN–LAW, OR 9
GRANDCHILD . 10
(5) (I) “NONECONOMIC DAMAGES ” MEANS PAIN , SUFFERING, 11
INCONVENIENCE , HUMILIATION, PHYSICAL IMPAIRMENT , DISFIGUREMENT , MENTAL 12
ANGUISH, EMOTIONAL PAIN , OR OTHER NONECONOMIC DAMAGES. 13
(II) “NONECONOMIC DAMAGES ” DOES NOT INCLUDE PUN ITIVE 14
DAMAGES. 15
(6) “PERSONAL IDENTIFYING INFORMATION ” HAS THE MEANING 16
STATED IN § 8–301(A)(6) OF THIS ARTICLE. 17
(B) THIS SECTION DOES NOT APPLY TO THE DISSEMI NATION OF PERSONAL 18
IDENTIFYING INFORMAT ION RELATING TO : 19
(1) THE REPORTING TO A LAW ENFORCEMENT AGENCY OF ACTIVITY 20
REASONABLY BELIEVED TO BE UNLAWFUL ; 21
(2) THE OFFICIAL INVESTI GATION OF CRIMINAL A CTIVITY BY A LAW 22
ENFORCEMENT AGENCY ; 23
(3) THE DUTIES OF A STATE OR FEDERAL AGEN CY OR AN EMPLOYEE 24
OF A STATE OR FEDERAL AGEN CY ACTING IN THE EMP LOYEE’S OFFICIAL CAPACITY ; 25
OR 26
(4) ACTIVITY OR CONDUCT PROTECTED BY THE UNITED STATES 27
CONSTITUTION, THE MARYLAND CONSTITUTION, OR THE MARYLAND 28
DECLARATION OF RIGHTS. 29
HOUSE BILL 555 3
(C) (1) A PERSON MAY NOT INTENTIONALLY DISSEMINATE THE 1
PERSONAL IDENTIFYING INFORMATION OF ANOTHER OR THE IMMEDIATE FAMILY 2
MEMBER OR HOUSEHOLD MEMBER OF ANOTHER: 3
(I) WITHOUT EXPRESS AUTHORIZATION ; AND 4
(II) WITH THE INTENT : 5
1. TO THREATEN, INTIMIDATE, OR HARASS THE PERSON, 6
INCITE OR FACILITATE THE COMMISSION OF A CRIME OF VIOLENCE AG AINST THE 7
PERSON, OR PLACE THE PERSON IN REASONABLE FEAR O F DEATH OR SERIOUS 8
BODILY INJURY; OR 9
2. THAT THE INFORMATION WILL BE USED TO 10
THREATEN, INTIMIDATE, OR HARASS THE PERSON , INCITE OR FACILITATE THE 11
COMMISSION OF A CRIME OF VIOLEN CE AGAINST THE PERSO N, OR PLACE THE 12
PERSON IN REASONABLE FEAR OF DEATH OR SER IOUS BODILY INJURY . 13
(2) A PERSON MAY NOT COMMIT A VIOLATION O F PARAGRAPH (1) OF 14
THIS SUBSECTION THAT RESULTS IN PHYSICAL INJURY TO T HE PERSON WHOSE 15
PERSONAL IDENTIFYING INFORMATION WAS DISS EMINATED OR AN IMMEDIATE 16
FAMILY MEMBER OR HOU SEHOLD MEMBER OF THE PERSON . 17
(3) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH (1) OF 18
THIS SUBSECTION THAT RESULTS IN SERIOUS P HYSICAL INJURY TO TH E PERSON 19
WHOSE PERSONAL IDENT IFYING INFORMATION W AS DISSEMINATED OR A N 20
IMMEDIATE FAMILY MEM BER OR HOUSEHOLD MEM BER OF THE PERSON . 21
(4) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH (1) OF 22
THIS SUBSECTION THAT RESULTS IN THE DEATH OF THE PERSON WHOSE PER SONAL 23
IDENTIFYING INFORMAT ION WAS DISSEMINATED OR AN IMMEDIATE FAMI LY 24
MEMBER OR HOUSEHOLD MEMBER OF THE PERSON . 25
(D) (1) A PERSON WHO VIOLATES SUBSECTION (C)(1) OF THIS SECTION IS 26
GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT 27
FOR NOT LESS THAN 90 DAYS AND NOT EXCEEDING 12 MONTHS OR A FINE NOT 28
EXCEEDING $500 OR BOTH. 29
(2) A PERSON WHO VIOLATES SUBSECTION (C)(2) OF THIS SECTION IS 30
GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT FOR NOT 31
LESS THAN 1 YEAR AND NOT EXCEEDI NG 5 YEARS OR A FINE OF NOT LESS THAN 32
$1,000 AND NOT EXCEEDING $10,000 OR BOTH. 33
4 HOUSE BILL 555
(3) A PERSON WHO VIOLATES SUBSECTION (C)(3) OF THIS SECTION IS 1
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT FOR NOT 2
LESS THAN 5 YEARS AND NOT EXCEED ING 10 YEARS OR A FINE OF NOT LESS THAN 3
$1,000 AND NOT EXCEEDING $10,000 OR BOTH. 4
(4) A PERSON WHO VIOLATES SUBSECTION (C)(4) OF THIS SECTION IS 5
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT FOR NOT 6
LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS OR A FINE OF NOT LESS THAN 7
$1,000 AND NOT EXCEEDING $10,000 OR BOTH. 8
(E) (1) THE VICTIM OF AN ACT THA T WOULD CONSTITUTE A VIOLATION 9
UNDER THIS SECTION , OR, IF THE VICTIM IS A MINOR, THE PARENT OR GUARDI AN OF 10
THE VICTIM, MAY BRING A N ACTION FOR INJUNCTIVE RELIE F AND DAMAGES IN A 11
COURT OF COMPETENT J URISDICTION AGAINST: 12
(I) THE PERSON WHO COMMI TTED THE ACT; AND 13
(II) ANY PERSON WHO KNOWINGLY BENEFITED, FINANCIALLY 14
OR BY RECEIVING ANYT HING OF VALUE , FROM PARTICIPATION I N THE ACT IF THE 15
PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE ACT CONSTITUTED 16
A VIOLATION OF THIS SECTION. 17
(2) THE COURT MAY : 18
(I) ISSUE A TEMPORARY OR PERMANE NT INJUNCTION TO 19
PREVENT OR RESTRAIN AN ACT THAT WOULD CO NSTITUTE A VIOLATION OF THIS 20
SECTION; AND 21
(II) AWARD TO A PREVAILING PLAINTIFF: 22
1. COMPENSATORY DAMAGES; 23
2. NONECONOMIC DAMAGES NOT EXCEEDING $5,000 24
PER VIOLATION OF THI S SECTION; 25
3. PUNITIVE DAMAGES; AND 26
4. REASONABLE ATTORNEY ’S FEES AND COSTS . 27
(3) THIS SUBSECTION DOES NOT AFFECT ANY LEGAL OR EQUITABLE 28
RIGHT OR REMEDY OTHE RWISE PROVIDED BY LA W. 29
HOUSE BILL 555 5
(F) IT IS A DEFENSE TO A PROSECUTION OR CIVIL ACTION UNDER THIS 1
SECTION THAT THE DISSEMINATION OF PERSONAL IDENTIFYING INFORMATION BY A 2
DEFENDANT WAS IN RESPONSE TO WHAT THE DEFENDANT REASONABLY BELIEVED 3
WAS A LAWFUL REQUEST . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6