EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0373*
SENATE BILL 373
E1 4lr1424
CF HB 318
By: Senator Waldstreicher
Introduced and read first time: January 17, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Theft – Mail and Mail Depository Key 2
FOR the purpose of prohibiting the theft of mail from a mail depository; prohibiting the 3
theft of a device used to open a mail depository; prohibiting the theft of mail with 4
intent to commit identity theft; prohibiting the theft of mail from an elderly or 5
disabled person with intent to commit identity theft; and generally relating to theft 6
of mail and mail depository keys. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 7–101 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – Criminal Law 14
Section 7–106.1 through 7–106.3 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Law 20
7–101. 21
(a) In this part the following words have the meanings indicated. 22
(b) (1) “Deception” means knowingly to: 23
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(i) create or confirm in another a false impression that the offender 1
does not believe to be true; 2
(ii) fail to correct a false impression that the offender previously has 3
created or confirmed; 4
(iii) prevent another from acquiring information pertinent to the 5
disposition of the property involved; 6
(iv) sell or otherwise transfer or encumber property without 7
disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, 8
regardless of whether the impediment is of value or a matter of official record; 9
(v) insert or deposit a slug in a vending machine; 10
(vi) remove or alter a label or price tag; 11
(vii) promise performance that the offender does not intend to 12
perform or knows will not be performed; or 13
(viii) misrepresent the value of a motor vehicle offered for sale by 14
tampering or interfering with its odometer, or by disconnecting, resetting, or altering its 15
odometer with the intent to change the mileage indicated. 16
(2) “Deception” does not include puffing or false statements of immaterial 17
facts and exaggerated representations that are unlikely to deceive an ordinary individual. 18
(c) “Deprive” means to withhold property of another: 19
(1) permanently; 20
(2) for a period that results in the appropriation of a part of the property’s 21
value; 22
(3) with the purpose to restore it only on payment of a reward or other 23
compensation; or 24
(4) to dispose of the property or use or deal with the property in a manner 25
that makes it unlikely that the owner will recover it. 26
(d) (1) “Exert control” includes to take, carry away, appropriate to a person’s 27
own use or sell, convey, or transfer title to an interest in or possession of property. 28
(2) “Exert control” does not include: 29
(i) to trespass on the land of another; or 30
SENATE BILL 373 3
(ii) to occupy the land of another without authorization. 1
(e) (1) “Interactive computer service” means an information service, system, 2
or access software provider that provides or enables computer access by multiple users to 3
a computer server. 4
(2) “Interactive computer service” includes a service or system that 5
provides access to the Internet. 6
(f) “MAIL” MEANS: 7
(1) MATERIAL PROCESSED O R INTENDED TO BE PRO CESSED FOR 8
DISTRIBUTION BY A CO MMON CARRIER OR DELI VERY SERVICE , INCLUDING A 9
LETTER, POSTAL CARD, PACKAGE, OR ANY OTHER SEALED ARTICLE; OR 10
(2) MATERIAL LEFT TO BE COLLECTED FOR DELIVE RY BY A COMMON 11
CARRIER OR DELIVERY SERVICE, INCLUDING A LETTER , POSTAL CARD , PACKAGE, 12
OR ANY OTHER SEALED ARTICLE. 13
(G) “Motor vehicle” has the meaning stated in § 11–135 of the Transportation 14
Article. 15
[(g)] (H) “Obtain” means: 16
(1) in relation to property, to bring about a transfer of interest in or 17
possession of the property; and 18
(2) in relation to a service, to secure the performance of the service. 19
[(h)] (I) Except as otherwise expressly provided in this part, “owner” means a 20
person, other than the offender: 21
(1) who has an interest in or possession of property regardless of whether 22
the person’s interest or possession is unlawful; and 23
(2) without whose consent the offender has no authority to exert control 24
over the property. 25
[(i)] (J) (1) “Property” means anything of value. 26
(2) “Property” includes: 27
(i) real estate; 28
(ii) money; 29
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(iii) a commercial instrument; 1
(iv) an admission or transportation ticket; 2
(v) a written instrument representing or embodying rights 3
concerning anything of value, or services, or anything otherwise of value to the owner; 4
(vi) a thing growing on or affixed to, or found on land, or part of or 5
affixed to any building; 6
(vii) electricity, gas, and water; 7
(viii) a bird, animal, or fish that ordinarily is kept in a state of 8
confinement; 9
(ix) food or drink; 10
(x) a sample, culture, microorganism, or specimen; 11
(xi) a record, recording, document, blueprint, drawing, map, or a 12
whole or partial copy, description, photograph, prototype, or model of any of them; 13
(xii) an article, material, device, substance, or a whole or partial copy, 14
description, photograph, prototype, or model of any of them that represents evidence of, 15
reflects, or records a secret: 16
1. scientific, technical, merchandising, production, or 17
management information; or 18
2. designed process, procedure, formula, invention, trade 19
secret, or improvement; 20
(xiii) a financial instrument; and 21
(xiv) information, electronically produced data, and a computer 22
software or program in a form readable by machine or individual. 23
[(j)] (K) “Property of another” means property in which a person other than the 24
offender has an interest that the offender does not have the authority to defeat or impair, 25
even though the offender also may have an interest in the property. 26
[(k)] (L) “Service” includes: 27
(1) labor or professional service; 28
(2) telecommunication, public utility, toll facility, or transportation service; 29
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(3) lodging, entertainment, or restaurant service; and 1
(4) the use of computers, data processing, or other equipment. 2
[(l)] (M) “Slug” means an object that, because of its size, shape, or other quality, 3
can be deposited or inserted in a vending machine as an improper substitute for the 4
payment required to operate the vending machine. 5
[(m)] (N) (1) “Theft” means the conduct described in §§ 7–104 through 7–107 6
of this subtitle. 7
(2) “Theft” includes motor vehicle theft, unless otherwise indicated. 8
[(n)] (O) “Vending machine” means a device designed to receive a specified 9
payment and in exchange automatically offer, provide, assist in providing, or allow a person 10
to acquire property or service. 11
7–106.1. 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “ARROW KEY” MEANS AN INSTRUMENT THAT ALLOWS A MAIL 15
CARRIER TO ACCESS A MAIL DEPOSITORY . 16
(3) “MAIL DEPOSITORY ” MEANS A MAILBOX , LETTER BOX, OR 17
RECEPTACLE IN WHICH MAIL IS DEPOSITED OR STORED. 18
(B) (1) (I) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D 19
WITHOUT PERMISSION O F THE INTENDED RECIP IENT OF THE MAIL REM OVE MAIL 20
FROM A MAIL DEPOSITO RY WITH THE INTENT T O DEPRIVE THE INTEND ED 21
RECIPIENT OF THE MAIL. 22
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 23
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 24
EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $4,000 OR BOTH. 25
(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 26
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 27
RECIPIENTS BUT LESS THAN 30 INTENDED RECIPIENTS . 28
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 29
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 30
180 DAYS AND NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 31 6 SENATE BILL 373
BOTH. 1
(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 2
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR 30 OR MORE INTENDED 3
RECIPIENTS. 4
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 5
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 6
YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7
(C) (1) A PERSON MAY NOT WILLF ULLY OR KNOWINGLY AN D WITHOUT 8
THE PERMISSION OF TH E OWNER OF THE ARROW KEY OR DEVICE OBTAIN AN ARROW 9
KEY OR OTHER DEVICE USED TO GAIN ACCESS TO A MAIL REPOSITORY . 10
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 11
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 12
YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEED ING $10,000 OR BOTH. 13
(D) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 14
UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 15
BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 16
7–106.2. 17
(A) IN THIS SECTION, “PERSONAL IDENTIFYING INFORMATION ” HAS THE 18
MEANING STATED IN § 8–301 OF THIS ARTICLE. 19
(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.1(B)(1) OF THIS 20
SUBTITLE BY TAKING M AIL THAT CONTAINS AN ITEM OF PERSONAL IDE NTIFYING 21
INFORMATION WITH THE INTENT TO FACILITATE A VIOLATION OF § 8–301 OF THIS 22
ARTICLE. 23
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 24
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 6 25
MONTHS AND NOT EXCEE DING 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 26
BOTH. 27
(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 28
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 29
RECIPIENTS BUT LESS THAN 20 INTENDED RECIPIENTS . 30
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 31
FELONY AND ON CONVICTION IS SUB JECT TO IMPRISONMENT FOR NOT LESS THAN 2 32 SENATE BILL 373 7
YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 1
(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 2
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 20 INTENDED 3
RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS . 4
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 5
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 6
YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7
(4) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 8
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR 50 OR MORE INTENDED 9
RECIPIENTS. 10
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 11
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT F OR NOT LESS THAN 5 12
YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 13
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 14
UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 15
BASED ON THE ACT EST ABLISHING A VIOLATION OF THI S SECTION. 16
7–106.3. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “ELDERLY PERSON ” MEANS A PERSON WHO I S AT LEAST 65 YEARS 20
OLD. 21
(3) “DISABLED PERSON ” MEANS A PERSON WHO H AS: 22
(I) A DEVELOPMENTAL DISABI LITY, AS DEFINED IN § 7–101(G) 23
OF THE HEALTH – GENERAL ARTICLE; 24
(II) AN INTELLECTUAL DISA BILITY, AS DEFINED IN § 7–101(N) 25
OF THE HEALTH – GENERAL ARTICLE; 26
(III) A MENTAL DISORDER , AS DEFINED IN § 10–101(I) OF THE 27
HEALTH – GENERAL ARTICLE; OR 28
(IV) A PHYSICAL DISABILIT Y. 29
8 SENATE BILL 373
(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.2 OF THIS SUBTITLE 1
AGAINST AN INTENDED RECIPIENT OF MAIL WH EN THE PERSON KNOWS OR BELIEVES 2
THAT THE INTENDED RE CIPIENT IS AN ELDERL Y PERSON OR A DISABL ED PERSON. 3
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 4
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 5
YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 6
(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PARAGRAPH 7
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 8
RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS . 9
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 10
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 11
YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 12
(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 13
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 50 INTENDED 14
RECIPIENTS. 15
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GUILTY OF A 16
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 17
YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 18
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 19
UNDER THIS SECTION D OES NOT MERGE WITH A CONVICT ION FOR ANY OTHER CR IME 20
BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2024. 23