EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0373*
SENATE BILL 373
E1 4lr1424
CF HB 318
By: Senator Waldstreicher
Introduced and read first time: January 17, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 27, 2024
CHAPTER ______
AN ACT concerning 1
Criminal Law – Theft – Mail and Mail Depository Arrow Key 2
FOR the purpose of altering the prohibition against taking and breaking a letter; 3
prohibiting the theft of mail from a mail depository; prohibiting the theft of a device 4
used to open a mail depository; prohibiting the theft of mail with intent to commit 5
identity theft; prohibiting the theft of mail from an elderly or disabled person with 6
intent to commit identity theft; and generally relating to theft of mail and mail 7
depository keys under certain circumstances; prohibiting a person from possessing 8
an arrow key under certain circumstances; and generally relating to theft of mail 9
and arrow keys. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 7–101 3–905 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Criminal Law 17
Section 7–106.1 through 7–106.3 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22 2 SENATE BILL 373
Article – Criminal Law 1
7–101. 2
(a) In this part the following words have the meanings indicated. 3
(b) (1) “Deception” means knowingly to: 4
(i) create or confirm in another a false impression that the offender 5
does not believe to be true; 6
(ii) fail to correct a false impression that the offender previously has 7
created or confirmed; 8
(iii) prevent another from acquiring information pertinent to the 9
disposition of the property involved; 10
(iv) sell or otherwise transfer or encumber property without 11
disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, 12
regardless of whether the impediment is of value or a matter of official record; 13
(v) insert or deposit a slug in a vending machine; 14
(vi) remove or alter a label or price tag; 15
(vii) promise performance that the offender does not intend to 16
perform or knows will not be performed; or 17
(viii) misrepresent the value of a motor vehicle offered for sale by 18
tampering or interfering with its odometer, or by disconnecting, resetting, or altering its 19
odometer with the intent to change the mileage indicated. 20
(2) “Deception” does not include puffing or false statements of immaterial 21
facts and exaggerated representations that are unlikely to deceive an ordinary individual. 22
(c) “Deprive” means to withhold property of another: 23
(1) permanently; 24
(2) for a period that results in the appropriation of a part of the property’s 25
value; 26
(3) with the purpose to restore it only on payment of a reward or other 27
compensation; or 28
SENATE BILL 373 3
(4) to dispose of the property or use or deal with the property in a manner 1
that makes it unlikely that the owner will recover it. 2
(d) (1) “Exert control” includes to take, carry away, appropriate to a person’s 3
own use or sell, convey, or transfer title to an interest in or possession of property. 4
(2) “Exert control” does not include: 5
(i) to trespass on the land of another; or 6
(ii) to occupy the land of another without authorization. 7
(e) (1) “Interactive computer service” means an information service, system, 8
or access software provider that provides or enables computer access by multiple users to 9
a computer server. 10
(2) “Interactive computer service” includes a service or system that 11
provides access to the Internet. 12
(f) “MAIL” MEANS: 13
(1) MATERIAL PROCESSED OR INTENDED TO BE PR OCESSED FOR 14
DISTRIBUTION BY A CO MMON CARRIER OR DELI VERY SERVICE , INCLUDING A 15
LETTER, POSTAL CARD, PACKAGE, OR ANY OTHER SEALED ARTICLE; OR 16
(2) MATERIAL LEFT TO BE COLLECTED FOR DELIVE RY BY A COMMON 17
CARRIER OR DELIVERY SERVICE, INCLUDING A LETTER , POSTAL CARD , PACKAGE, 18
OR ANY OTHER SEALED ARTICLE. 19
(G) “Motor vehicle” has the meaning stated in § 11–135 of the Transportation 20
Article. 21
[(g)] (H) “Obtain” means: 22
(1) in relation to property, to bring about a transfer of interest in or 23
possession of the property; and 24
(2) in relation to a service, to secure the performance of the service. 25
[(h)] (I) Except as otherwise expressly provided in this part, “owner” means a 26
person, other than the offender: 27
(1) who has an interest in or possession of property regardless of whether 28
the person’s interest or possession is unlawful; and 29
4 SENATE BILL 373
(2) without whose consent the offender has no authority to exert control 1
over the property. 2
[(i)] (J) (1) “Property” means anything of value. 3
(2) “Property” includes: 4
(i) real estate; 5
(ii) money; 6
(iii) a commercial instrument; 7
(iv) an admission or transportation ticket; 8
(v) a written instrument representing or embodying rights 9
concerning anything of value, or services, or anything otherwise of value to the owner; 10
(vi) a thing growing on or affixed to, or found on land, or part of or 11
affixed to any building; 12
(vii) electricity, gas, and water; 13
(viii) a bird, animal, or fish that ordinarily is kept in a state of 14
confinement; 15
(ix) food or drink; 16
(x) a sample, culture, microorganism, or specimen; 17
(xi) a record, recording, document, blueprint, drawing, map, or a 18
whole or partial copy, description, photograph, prototype, or model of any of them; 19
(xii) an article, material, device, substance, or a whole or partial copy, 20
description, photograph, prototype, or model of any of them that represents evidence of, 21
reflects, or records a secret: 22
1. scientific, technical, merchandising, production, or 23
management information; or 24
2. designed process, procedure, formula, invention, trade 25
secret, or improvement; 26
(xiii) a financial instrument; and 27
(xiv) information, electronically produced data, and a computer 28
software or program in a form readable by machine or individual. 29 SENATE BILL 373 5
[(j)] (K) “Property of another” means property in which a person other than the 1
offender has an interest that the offender does not have the authority to defeat or impair, 2
even though the offender also may have an interest in the property. 3
[(k)] (L) “Service” includes: 4
(1) labor or professional service; 5
(2) telecommunication, public utility, toll facility, or transportation service; 6
(3) lodging, entertainment, or restaurant service; and 7
(4) the use of computers, data processing, or other equipment. 8
[(l)] (M) “Slug” means an object that, because of its size, shape, or other quality, 9
can be deposited or inserted in a vending machine as an improper substitute for the 10
payment required to operate the vending machine. 11
[(m)] (N) (1) “Theft” means the conduct described in §§ 7–104 through 7–107 12
of this subtitle. 13
(2) “Theft” includes motor vehicle theft, unless otherwise indicated. 14
[(n)] (O) “Vending machine” means a device designed to receive a specified 15
payment and in exchange automatically offer, provide, assist in providing, or allow a person 16
to acquire property or service. 17
7–106.1. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “ARROW KEY” MEANS AN INSTRUMENT THAT ALLOWS A MAIL 21
CARRIER TO ACCESS A MAIL DEPOSITORY . 22
(3) “MAIL DEPOSITORY ” MEANS A MAILBOX , LETTER BOX , OR 23
RECEPTACLE IN WHICH MAIL IS DEPOSITED OR STORED. 24
(B) (1) (I) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D 25
WITHOUT PERMISSION O F THE INTENDED RECIP IENT OF THE MAIL REMOVE MAIL 26
FROM A MAIL DEPOSITO RY WITH THE INTENT T O DEPRIVE THE INTEND ED 27
RECIPIENT OF THE MAI L. 28
6 SENATE BILL 373
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 1
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 2
EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $4,000 OR BOTH. 3
(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 4
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 5
RECIPIENTS BUT LESS THAN 30 INTENDED RECIPIENTS . 6
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 7
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 8
180 DAYS AND NOT EXCEEDI NG 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 9
BOTH. 10
(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 11
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR 30 OR MORE INTENDED 12
RECIPIENTS. 13
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 14
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 15
YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 16
(C) (1) A PERSON MAY NOT WILLFULLY OR KNOWINGLY AND WIT HOUT 17
THE PERMISSION OF TH E OWNER OF THE ARROW KEY OR DEVICE OBTAIN AN ARROW 18
KEY OR OTHER DEVICE USED TO GAIN ACCESS TO A MAIL REPOSITORY . 19
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 20
FELONY AND ON CON VICTION IS SUBJECT T O IMPRISONMENT FOR N OT LESS THAN 5 21
YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 22
(D) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 23
UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 24
BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 25
7–106.2. 26
(A) IN THIS SECTION , “PERSONAL IDENTIFYING INFORMATION ” HAS THE 27
MEANING STATED IN § 8–301 OF THIS ARTICLE. 28
(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.1(B)(1) OF THIS 29
SUBTITLE BY TAKING M AIL THAT CONTAINS AN ITEM OF PERSONAL IDE NTIFYING 30
INFORMATION WITH THE INTENT TO FACILITATE A VIOLATION OF § 8–301 OF THIS 31
ARTICLE. 32
SENATE BILL 373 7
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 1
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LES S THAN 6 2
MONTHS AND NOT EXCEE DING 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 3
BOTH. 4
(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 5
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 6
RECIPIENTS BUT LESS THAN 20 INTENDED RECIPIENTS . 7
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 8
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 9
YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 10
(3) (I) A PERSON MAY NOT COMMIT A VIOLATION O F PARAGRAPH 11
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 20 INTENDED 12
RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS . 13
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 14
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS TH AN 2 15
YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 16
(4) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 17
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR 50 OR MORE INTENDED 18
RECIPIENTS. 19
(II) A PERSON WH O VIOLATES THIS PARA GRAPH IS GUILTY OF A 20
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 21
YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 22
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 23
UNDER THIS SECTION DOES NO T MERGE WITH A CONVI CTION FOR ANY OTHER CRIME 24
BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 25
7–106.3. 26
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(2) “ELDERLY PERSON ” MEANS A PERSON WHO I S AT LEAST 65 YEARS 29
OLD. 30
(3) “DISABLED PERSON ” MEANS A PERSON WHO H AS: 31
8 SENATE BILL 373
(I) A DEVELOPMENTAL DISA BILITY, AS DEFINED IN § 7–101(G) 1
OF THE HEALTH – GENERAL ARTICLE; 2
(II) AN INTELLECTUAL DISA BILITY, AS DEFINED IN § 7–101(N) 3
OF THE HEALTH – GENERAL ARTICLE; 4
(III) A MENTAL DISORDER , AS DEFINED IN § 10–101(I) OF THE 5
HEALTH – GENERAL ARTICLE; OR 6
(IV) A PHYSICAL DISABILIT Y. 7
(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.2 OF THIS SUBTITLE 8
AGAINST AN INTENDED RECIPIENT OF MAIL WH EN THE PERSON KNOWS OR BELIEVES 9
THAT THE INTENDED RE CIPIENT IS AN ELDERL Y PERSON OR A DISABL ED PERSON. 10
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 11
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 12
YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 13
(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 14
(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 15
RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS . 16
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GUILTY OF A 17
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 18
YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 19
(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 20
(1)(I) OF THIS SUBSECTION I NVOLVING MA IL FOR AT LEAST 50 INTENDED 21
RECIPIENTS. 22
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 23
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 24
YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 25
(C) NOTWITHSTANDING ANY OTH ER PROVISION OF LAW , A CONVICTION 26
UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 27
BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 28
3–905. 29
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
INDICATED. 31
SENATE BILL 373 9
(2) “ARROW KEY” MEANS AN INSTRUMENT THAT ALLOWS A MAIL 1
CARRIER TO ACCESS A MAILBOX OR OTHER DEP OSITORY FOR STORING MAIL. 2
(3) (I) “MAIL” MEANS AN ITEM THAT H AS BEEN OR IS INTEND ED TO 3
BE DELIVERED BY USE OF A COMMON CARRIER OR DELIVERY SERV ICE TO A PERSON 4
WHOSE ADDRESS APPEAR S ON THE ITEM. 5
(II) “MAIL” INCLUDES AN ADDRESSE D LETTER, POSTAL CARD , 6
OR PACKAGE. 7
(B) (1) A person may not [take and] INTENTIONALLY break open [a letter] AN 8
ITEM OF MAIL that is not addressed to the person without permission from the person to 9
whom the [letter] MAIL is addressed or the personal representative of the addressee’s 10
estate. 11
(2) A PERSON MAY NOT COMMI T AN ACT THAT WOULD CONSTITUTE A 12
VIOLATION OF § 7–104 OF THIS ARTICLE INVOLVIN G THE THEFT OF 1 BUT LESS THAN 13
16 ITEMS OF MAIL. 14
(3) A PERSON MAY NOT COMMI T AN ACT THAT WOULD CONSTITUTE A 15
VIOLATION OF § 7–104 OF THIS ARTICLE INVO LVING THEFT OF 16 OR MORE ITEMS 16
OF MAIL. 17
(4) A PERSON MAY NOT COMMI T AN ACT THAT WOULD CONSTITUTE A 18
VIOLATION OF § 7–104 OF THIS ARTICLE INVO LVING THEFT OF 1 OR MORE ITEMS OF 19
MAIL USING AN ARROW KEY. 20
(C) A PERSON MAY NOT POSSE SS AN ARROW KEY WITH THE INTENT TO USE 21
OR ALLOW THE USE OF THE ARROW KEY IN THE COMMISSION OF A VIOL ATION OF 22
THIS SECTION. 23
[(b)] (D) (1) A person who violates SUBSECTION (B)(1) OF this section is 24
guilty of a misdemeanor and on conviction is subject to imprisonment for 6 days and a fine 25
of $15. 26
(2) A PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS 27
GUILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT TO IMPRIS ONMENT 28
NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 29
(3) A PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS 30
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT 31
EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. 32
10 SENATE BILL 373
(4) A PERSON WHO VIOLATES SUBSECTION (B)(4) OF THIS SECTION IS 1
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 2
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 3
(5) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 4
GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 5
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $3,000 OR BOTH. 6
(E) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 7
AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY OTH ER CRIME 8
BASED ON THE ACTS ES TABLISHING A VIOLATI ON OF THIS SECTION . 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.