Maryland 2024 Regular Session

Maryland Senate Bill SB373 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0373
9	6
10	7		SENATE BILL 373
11	8		E1 4lr1424
12	9		CF HB 318
13	10		By: Senator Waldstreicher
14	11		Introduced and read first time: January 17, 2024
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 27, 2024
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Criminal Law – Theft – Mail and Mail Depository ~~Arrow~~ Key 2
	18	+	Criminal Law – Theft – Mail and Mail Depository Key 2
25	19
26		-	FOR the purpose of altering the prohibition against taking and breaking a letter; 3
27		-	prohibiting the theft of mail from a mail depository; prohibiting the theft of a device 4
28		-	used to open a mail depository; prohibiting the theft of mail with intent to commit 5
29		-	identity theft; prohibiting the theft of mail from an elderly or disabled person with 6
30		-	intent to commit identity theft; and generally relating to theft of mail and mail 7
31		-	depository keys under certain circumstances; prohibiting a person from possessing 8
32		-	an arrow key under certain circumstances; and generally relating to theft of mail 9
33		-	and arrow keys. 10
	20	+	FOR the purpose of prohibiting the theft of mail from a mail depository; prohibiting the 3
	21	+	theft of a device used to open a mail depository; prohibiting the theft of mail with 4
	22	+	intent to commit identity theft; prohibiting the theft of mail from an elderly or 5
	23	+	disabled person with intent to commit identity theft; and generally relating to theft 6
	24	+	of mail and mail depository keys. 7
34	25
35		-	BY repealing and reenacting, with amendments, 11
36		-	Article – Criminal Law 12
37		-	Section 7–101 ~~3–905 13~~
38		-	Annotated Code of Maryland 14
39		-	(2021 Replacement Volume and 2023 Supplement) 15
	26	+	BY repealing and reenacting, with amendments, 8
	27	+	Article – Criminal Law 9
	28	+	Section 7–101 10
	29	+	Annotated Code of Maryland 11
	30	+	(2021 Replacement Volume and 2023 Supplement) 12
40	31
41		-	BY adding to 16
42		-	Article – Criminal Law 17
43		-	Section 7–106.1 through 7–106.3 18
44		-	Annotated Code of Maryland 19
45		-	(2021 Replacement Volume and 2023 Supplement) 20
	32	+	BY adding to 13
	33	+	Article – Criminal Law 14
	34	+	Section 7–106.1 through 7–106.3 15
	35	+	Annotated Code of Maryland 16
	36	+	(2021 Replacement Volume and 2023 Supplement) 17
46	37
47		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48		-	That the Laws of Maryland read as follows: 22 2 SENATE BILL 373
	38	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
	39	+	That the Laws of Maryland read as follows: 19
	40	+
	41	+	Article – Criminal Law 20
	42	+
	43	+	7–101. 21
	44	+
	45	+	(a) In this part the following words have the meanings indicated. 22
	46	+
	47	+	(b) (1) “Deception” means knowingly to: 23
	48	+	2 SENATE BILL 373
49	49
50	50
	51	+	(i) create or confirm in another a false impression that the offender 1
	52	+	does not believe to be true; 2
51	53
52		-	Article – Criminal Law 1
	54	+	(ii) fail to correct a false impression that the offender previously has 3
	55	+	created or confirmed; 4
53	56
54		-	7–101. 2
	57	+	(iii) prevent another from acquiring information pertinent to the 5
	58	+	disposition of the property involved; 6
55	59
56		-	(a) In this part the following words have the meanings indicated. 3
	60	+	(iv) sell or otherwise transfer or encumber property without 7
	61	+	disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, 8
	62	+	regardless of whether the impediment is of value or a matter of official record; 9
57	63
58		-	(b) ~~(1) “Deception” means knowingly to:~~ 4
	64	+	(v) insert or deposit a slug in a vending machine; 10
59	65
60		-	(i) create or confirm in another a false impression that the offender 5
61		-	does not believe to be true; 6
	66	+	(vi) remove or alter a label or price tag; 11
62	67
63		-	(ii) ~~fail to correct a false impression~~ that the offender ~~previously has 7~~
64		-	~~created~~ or ~~confirmed~~; 8
	68	+	(vii) promise performance that the offender does not intend to 12
	69	+	perform or knows will not be performed; or 13
65	70
66		-	(iii) prevent another from acquiring information pertinent to the 9
67		-	disposition of the property involved; 10
	71	+	(viii) misrepresent the value of a motor vehicle offered for sale by 14
	72	+	tampering or interfering with its odometer, or by disconnecting, resetting, or altering its 15
	73	+	odometer with the intent to change the mileage indicated. 16
68	74
69		-	(iv) sell or otherwise transfer or encumber property without 11
70		-	disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, 12
71		-	regardless of whether the impediment is of value or a matter of official record; 13
	75	+	(2) “Deception” does not include puffing or false statements of immaterial 17
	76	+	facts and exaggerated representations that are unlikely to deceive an ordinary individual. 18
72	77
73		-	(v) ~~insert or deposit a slug in a vending machine; 14~~
	78	+	(c) “Deprive” means to withhold property of another: 19
74	79
75		-	(vi) ~~remove or alter a label or price tag~~; 15
	80	+	(1) permanently; 20
76	81
77		-	(~~vii~~) ~~promise performance~~ that the ~~offender does not intend to 16~~
78		-	~~perform or knows will not be performed~~; ~~or 17~~
	82	+	(2) for a period that results in the appropriation of a part of the property’s 21
	83	+	value; 22
79	84
80		-	(viii) misrepresent the value of a motor vehicle offered for sale by 18
81		-	tampering or interfering with its odometer, or by disconnecting, resetting, or altering its 19
82		-	odometer with the intent to change the mileage indicated. 20
	85	+	(3) with the purpose to restore it only on payment of a reward or other 23
	86	+	compensation; or 24
83	87
84		-	(2) ~~“Deception” does not include puffing~~ or ~~false statements of immaterial 21~~
85		-	~~facts and exaggerated representations~~ that ~~are unlikely to deceive an ordinary individual~~. 22
	88	+	(4) to dispose of the property or use or deal with the property in a manner 25
	89	+	that makes it unlikely that the owner will recover it. 26
86	90
87		-	(c) “Deprive” means to withhold property of another: 23
	91	+	(d) (1) “Exert control” includes to take, carry away, appropriate to a person’s 27
	92	+	own use or sell, convey, or transfer title to an interest in or possession of property. 28
88	93
89		-	(1) ~~permanently; 24~~
	94	+	(2) “Exert control” does not include: 29
90	95
91		-	(2) for a period that results in the appropriation of a part of the property’s 25
92		-	value; 26
93		-
94		-	(3) with the purpose to restore it only on payment of a reward or other 27
95		-	compensation; or 28
	96	+	(i) to trespass on the land of another; or 30
96	97		SENATE BILL 373 3
97	98
98	99
99		-	(4) to dispose of the property or use or deal with the property in a manner 1
100		-	that makes it unlikely that the owner will recover it. 2
	100	+	(ii) to occupy the land of another without authorization. 1
101	101
102		-	(d) (1) “Exert control” includes to take, carry away, appropriate to a person’s 3
103		-	own use or sell, convey, or transfer title to an interest in or possession of property. 4
	102	+	(e) (1) “Interactive computer service” means an information service, system, 2
	103	+	or access software provider that provides or enables computer access by multiple users to 3
	104	+	a computer server. 4
104	105
105		-	(2) “Exert control” does not include: 5
	106	+	(2) “Interactive computer service” includes a service or system that 5
	107	+	provides access to the Internet. 6
106	108
107		-	(i) ~~to trespass on the land of another; or 6~~
	109	+	(f) “MAIL” MEANS: 7
108	110
109		-	(ii) to occupy the land of another without authorization. 7
	111	+	(1) MATERIAL PROCESSED O R INTENDED TO BE PRO CESSED FOR 8
	112	+	DISTRIBUTION BY A CO MMON CARRIER OR DELI VERY SERVICE , INCLUDING A 9
	113	+	LETTER, POSTAL CARD, PACKAGE, OR ANY OTHER SEALED ARTICLE; OR 10
110	114
111		-	(e) ~~(1) “Interactive~~ ~~computer service”~~ ~~means an information service,~~ ~~system, 8~~
112		-	~~or access software provider that provides~~ or ~~enables computer access by multiple users to 9~~
113		-	~~a computer server~~. 10
	115	+	(2) MATERIAL LEFT TO BE COLLECTED FOR DELIVE RY BY A COMMON 11
	116	+	CARRIER OR DELIVERY SERVICE, INCLUDING A LETTER , POSTAL CARD , PACKAGE, 12
	117	+	OR ANY OTHER SEALED ARTICLE. 13
114	118
115		-	(2) “~~Interactive computer service~~” ~~includes a service or system that~~ 11
116		-	~~provides access to the Internet~~. 12
	119	+	(G) “Motor vehicle” has the meaning stated in § 11–135 of the Transportation 14
	120	+	Article. 15
117	121
118		-	(f) “~~MAIL~~” MEANS: 13
	122	+	[(g)] (H) “Obtain” means: 16
119	123
120		-	(1) MATERIAL PROCESSED OR INTENDED TO BE PR OCESSED FOR 14
121		-	DISTRIBUTION BY A CO MMON CARRIER OR DELI VERY SERVICE , INCLUDING A 15
122		-	LETTER, POSTAL CARD, PACKAGE, OR ANY OTHER SEALED ARTICLE; OR 16
	124	+	(1) in relation to property, to bring about a transfer of interest in or 17
	125	+	possession of the property; and 18
123	126
124		-	(2) MATERIAL LEFT TO BE COLLECTED FOR DELIVE RY BY A COMMON 17
125		-	CARRIER OR DELIVERY SERVICE, INCLUDING A LETTER , POSTAL CARD , PACKAGE, 18
126		-	OR ANY OTHER SEALED ARTICLE. 19
	127	+	(2) in relation to a service, to secure the performance of the service. 19
127	128
128		-	(G) ~~“Motor vehicle”~~ ~~has the meaning stated~~ in ~~§ 11–135 of the Transportation~~ 20
129		-	~~Article.~~ 21
	129	+	[(h)] (I) Except as otherwise expressly provided in this part, “owner” means a 20
	130	+	person, other than the offender: 21
130	131
131		-	[(g)] (H) “Obtain” means: 22
	132	+	(1) who has an interest in or possession of property regardless of whether 22
	133	+	the person’s interest or possession is unlawful; and 23
132	134
133		-	(1) ~~in relation~~ to ~~property, to bring about a transfer of interest in or 23~~
134		-	~~possession of~~ the property~~; and 24~~
	135	+	(2) without whose consent the offender has no authority to exert control 24
	136	+	over the property. 25
135	137
136		-	(2) ~~in relation to a service, to secure the performance~~ of ~~the service~~. 25
	138	+	[(i)] (J) (1) “Property” means anything of value. 26
137	139
138		-	[(h)] (I) Except as otherwise expressly provided in this part, “owner” means a 26
139		-	person, other than the offender: 27
	140	+	(2) “Property” includes: 27
140	141
141		-	(1) who has an interest in or possession of property regardless of whether 28
142		-	the person’s interest or possession is unlawful; and 29
	142	+	(i) real estate; 28
	143	+
	144	+	(ii) money; 29
143	145		4 SENATE BILL 373
144	146
145	147
146		-	(2) without whose consent the offender has no authority to exert control 1
147		-	over the property. 2
	148	+	(iii) a commercial instrument; 1
148	149
149		-	~~[(i)]~~ (J) ~~(1) “Property” means anything of value.~~ 3
	150	+	(iv) an admission or transportation ticket; 2
150	151
151		-	(2) “Property” includes: 4
	152	+	(v) a written instrument representing or embodying rights 3
	153	+	concerning anything of value, or services, or anything otherwise of value to the owner; 4
152	154
153		-	(i) real estate; 5
	155	+	(vi) a thing growing on or affixed to, or found on land, or part of or 5
	156	+	affixed to any building; 6
154	157
155		-	(ii) ~~money~~; 6
	158	+	(vii) electricity, gas, and water; 7
156	159
157		-	(iii) a commercial instrument; 7
	160	+	(viii) a bird, animal, or fish that ordinarily is kept in a state of 8
	161	+	confinement; 9
158	162
159		-	(iv) ~~an admission~~ or ~~transportation ticket~~; 8
	163	+	(ix) food or drink; 10
160	164
161		-	(v) a written instrument representing or embodying rights 9
162		-	concerning anything of value, or services, or anything otherwise of value to the owner; 10
	165	+	(x) a sample, culture, microorganism, or specimen; 11
163	166
164		-	(vi) a ~~thing growing on or affixed to~~, or ~~found on land, or part of or 11~~
165		-	~~affixed to~~ any ~~building~~; 12
	167	+	(xi) a record, recording, document, blueprint, drawing, map, or a 12
	168	+	whole or partial copy, description, photograph, prototype, or model of any of them; 13
166	169
167		-	(vii) electricity, gas, and water; 13
	170	+	(xii) an article, material, device, substance, or a whole or partial copy, 14
	171	+	description, photograph, prototype, or model of any of them that represents evidence of, 15
	172	+	reflects, or records a secret: 16
168	173
169		-	~~(viii) a bird~~, ~~animal~~, or ~~fish that ordinarily is kept in a state of 14~~
170		-	~~confinement~~; 15
	174	+	1. scientific, technical, merchandising, production, or 17
	175	+	management information; or 18
171	176
172		-	(ix) food or drink; 16
	177	+	2. designed process, procedure, formula, invention, trade 19
	178	+	secret, or improvement; 20
173	179
174		-	(x) a ~~sample, culture, microorganism, or specimen~~; 17
	180	+	(xiii) a financial instrument; and 21
175	181
176		-	(xi) a ~~record, recording,~~ ~~document, blueprint, drawing, map, or a 18~~
177		-	~~whole~~ or ~~partial copy,~~ ~~description, photograph,~~ ~~prototype,~~ or ~~model of any of them; 19~~
	182	+	(xiv) information, electronically produced data, and a computer 22
	183	+	software or program in a form readable by machine or individual. 23
178	184
179		-	(~~xii~~) ~~an article,~~ ~~material, device,~~ ~~substance, or~~ a ~~whole or partial copy,~~ 20
180		-	~~description, photograph,~~ ~~prototype,~~ or ~~model of any of them that represents evidence of~~, 21
181		-	~~reflects, or records a secret:~~ 22
	185	+	[(j)] (K) “Property of another” means property in which a person other than the 24
	186	+	offender has an interest that the offender does not have the authority to defeat or impair, 25
	187	+	even though the offender also may have an interest in the property. 26
182	188
183		-	1. scientific, technical, merchandising, production, or 23
184		-	management information; or 24
	189	+	[(k)] (L) “Service” includes: 27
185	190
186		-	2. designed process, procedure, formula, invention, trade 25
187		-	secret, or improvement; 26
	191	+	(1) labor or professional service; 28
188	192
189		-	(xiii) a financial instrument; and 27
190		-
191		-	(xiv) information, electronically produced data, and a computer 28
192		-	software or program in a form readable by machine or individual. 29 SENATE BILL 373 5
	193	+	(2) telecommunication, public utility, toll facility, or transportation service; 29
	194	+	SENATE BILL 373 5
193	195
194	196
	197	+	(3) lodging, entertainment, or restaurant service; and 1
195	198
196		-	[(j)] (K) “Property of another” means property in which a person other than the 1
197		-	offender has an interest that the offender does not have the authority to defeat or impair, 2
198		-	even though the offender also may have an interest in the property. 3
	199	+	(4) the use of computers, data processing, or other equipment. 2
199	200
200		-	[(k)] (L) “Service” includes: 4
	201	+	[(l)] (M) “Slug” means an object that, because of its size, shape, or other quality, 3
	202	+	can be deposited or inserted in a vending machine as an improper substitute for the 4
	203	+	payment required to operate the vending machine. 5
201	204
202		-	(1) labor or professional service; 5
	205	+	[(m)] (N) (1) “Theft” means the conduct described in §§ 7–104 through 7–107 6
	206	+	of this subtitle. 7
203	207
204		-	(2) ~~telecommunication~~, ~~public utility,~~ ~~toll facility,~~ ~~or transportation service; 6~~
	208	+	(2) “Theft” includes motor vehicle theft, unless otherwise indicated. 8
205	209
206		-	(3) lodging, entertainment, or restaurant service; and 7
	210	+	[(n)] (O) “Vending machine” means a device designed to receive a specified 9
	211	+	payment and in exchange automatically offer, provide, assist in providing, or allow a person 10
	212	+	to acquire property or service. 11
207	213
208		-	~~(4) the use of computers, data processing, or other equipment~~. 8
	214	+	7–106.1. 12
209	215
210		-	[(l)] (M) “Slug” means an object that, because of its size, shape, or other quality, 9
211		-	can be deposited or inserted in a vending machine as an improper substitute for the 10
212		-	payment required to operate the vending machine. 11
	216	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
	217	+	INDICATED. 14
213	218
214		-	~~[(m)]~~ (~~N) (1~~) “~~Theft~~” means ~~the conduct described in §§~~ ~~7–104 through 7–107 12~~
215		-	~~of this subtitle~~. 13
	219	+	(2) “ARROW KEY” MEANS AN INSTRUMENT THAT ALLOWS A MAIL 15
	220	+	CARRIER TO ACCESS A MAIL DEPOSITORY . 16
216	221
217		-	(2) “Theft” includes motor vehicle theft, unless otherwise indicated. 14
	222	+	(3) “MAIL DEPOSITORY ” MEANS A MAILBOX , LETTER BOX, OR 17
	223	+	RECEPTACLE IN WHICH MAIL IS DEPOSITED OR STORED. 18
218	224
219		-	[(n)] (O) “Vending machine” means a device designed to receive a specified 15
220		-	payment and in exchange automatically offer, provide, assist in providing, or allow a person 16
221		-	to acquire property or service. 17
	225	+	(B) (1) (I) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D 19
	226	+	WITHOUT PERMISSION O F THE INTENDED RECIP IENT OF THE MAIL REM OVE MAIL 20
	227	+	FROM A MAIL DEPOSITO RY WITH THE INTENT T O DEPRIVE THE INTEND ED 21
	228	+	RECIPIENT OF THE MAIL. 22
222	229
223		-	7–106.1. 18
	230	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 23
	231	+	MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 24
	232	+	EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $4,000 OR BOTH. 25
224	233
225		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
226		-	INDICATED. 20
	234	+	(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 26
	235	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 27
	236	+	RECIPIENTS BUT LESS THAN 30 INTENDED RECIPIENTS . 28
227	237
228		-	(2) “ARROW KEY” MEANS AN INSTRUMENT THAT ALLOWS A MAIL 21
229		-	CARRIER TO ACCESS A MAIL DEPOSITORY . 22
230		-
231		-	(3) “MAIL DEPOSITORY ” MEANS A MAILBOX , LETTER BOX , OR 23
232		-	RECEPTACLE IN WHICH MAIL IS DEPOSITED OR STORED. 24
233		-
234		-	(B) (1) (I) A PERSON MAY NOT KNOWI NGLY OR WILLFULLY AN D 25
235		-	WITHOUT PERMISSION O F THE INTENDED RECIP IENT OF THE MAIL REMOVE MAIL 26
236		-	FROM A MAIL DEPOSITO RY WITH THE INTENT T O DEPRIVE THE INTEND ED 27
237		-	RECIPIENT OF THE MAI L. 28
238		-	6 SENATE BILL 373
	238	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 29
	239	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 30
	240	+	180 DAYS AND NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 31 6 SENATE BILL 373
239	241
240	242
241		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 1
242		-	MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 2
243		-	EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $4,000 OR BOTH. 3
	243	+	BOTH. 1
244	244
245		-	(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 4
246		-	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR ~~AT LEAST 10~~ INTENDED 5
247		-	RECIPIENTS ~~BUT LESS THAN 30 INTENDED RECIPIENTS~~ . 6
	245	+	(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 2
	246	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR 30 OR MORE INTENDED 3
	247	+	RECIPIENTS. 4
248	248
249		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 7
250		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 8
251		-	180 DAYS AND NOT EXCEEDI NG 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 9
252		-	BOTH. 10
	249	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 5
	250	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 6
	251	+	YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7
253	252
254		-	(3) (I) A PERSON MAY NOT ~~COMMI T A VIOLATION OF PAR AGRAPH 11~~
255		-	~~(1)(I)~~ OF ~~THIS SUBSECTION I NVOLVING MAIL FOR 30~~ OR ~~MORE INTENDED 12~~
256		-	~~RECIPIENTS~~. 13
	253	+	(C) (1) A PERSON MAY NOT WILLF ULLY OR KNOWINGLY AN D WITHOUT 8
	254	+	THE PERMISSION OF TH E OWNER OF THE ARROW KEY OR DEVICE OBTAIN AN ARROW 9
	255	+	KEY OR OTHER DEVICE USED TO GAIN ACCESS TO A MAIL REPOSITORY . 10
257	256
258		-	(II) A PERSON WHO VIOLATES THIS ~~PARAGRAPH~~ IS ~~GU ILTY~~ OF A 14
259		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN ~~2 15~~
260		-	YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT ~~EXCEEDING~~ $10,000 OR BOTH. 16
	257	+	(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 11
	258	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 12
	259	+	YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEED ING $10,000 OR BOTH. 13
261	260
262		-	(C) ~~(1)~~ A ~~PERSON MAY NOT WILLFULLY OR KNOWINGLY AND WIT HOUT 17~~
263		-	~~THE PERMISSION OF TH E OWNER OF THE ARROW KEY OR DEVICE OBTAIN AN ARROW 18~~
264		-	~~KEY OR OTHER DEVICE USED TO GAIN ACCESS TO~~ A ~~MAIL REPOSITORY~~ . 19
	261	+	(D) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 14
	262	+	UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 15
	263	+	BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 16
265	264
266		-	(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 20
267		-	FELONY AND ON CON VICTION IS SUBJECT T O IMPRISONMENT FOR N OT LESS THAN 5 21
268		-	YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 22
	265	+	7–106.2. 17
269	266
270		-	(D) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 23
271		-	UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 24
272		-	BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 25
	267	+	(A) IN THIS SECTION, “PERSONAL IDENTIFYING INFORMATION ” HAS THE 18
	268	+	MEANING STATED IN § 8–301 OF THIS ARTICLE. 19
273	269
274		-	7–106.2. 26
	270	+	(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.1(B)(1) OF THIS 20
	271	+	SUBTITLE BY TAKING M AIL THAT CONTAINS AN ITEM OF PERSONAL IDE NTIFYING 21
	272	+	INFORMATION WITH THE INTENT TO FACILITATE A VIOLATION OF § 8–301 OF THIS 22
	273	+	ARTICLE. 23
275	274
276		-	(A) IN THIS SECTION , “PERSONAL IDENTIFYING INFORMATION ” HAS THE 27
277		-	MEANING STATED IN § 8–301 OF THIS ARTICLE. 28
	275	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 24
	276	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 6 25
	277	+	MONTHS AND NOT EXCEE DING 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 26
	278	+	BOTH. 27
278	279
279		-	(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.1(B)(1) OF THIS 29
280		-	SUBTITLE BY TAKING M AIL THAT CONTAINS AN ITEM OF PERSONAL IDE NTIFYING 30
281		-	INFORMATION WITH THE INTENT TO FACILITATE A VIOLATION OF § 8–301 OF THIS 31
282		-	ARTICLE. 32
283		-	SENATE BILL 373 7
	280	+	(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 28
	281	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 29
	282	+	RECIPIENTS BUT LESS THAN 20 INTENDED RECIPIENTS . 30
	283	+
	284	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 31
	285	+	FELONY AND ON CONVICTION IS SUB JECT TO IMPRISONMENT FOR NOT LESS THAN 2 32 SENATE BILL 373 7
284	286
285	287
286		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 1
287		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LES S THAN 6 2
288		-	MONTHS AND NOT EXCEE DING 2 YEARS OR A FINE NOT EXCEEDING $10,000 OR 3
289		-	BOTH. 4
	288	+	YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 1
290	289
291		-	(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 5
292		-	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 6
293		-	RECIPIENTS BUT LESS THAN 20 INTENDED RECIPIENTS . 7
	290	+	(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 2
	291	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 20 INTENDED 3
	292	+	RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS . 4
294	293
295		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 8
296		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 9
297		-	YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 10
	294	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 5
	295	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 6
	296	+	YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7
298	297
299		-	(3) (I) A PERSON MAY NOT ~~COMMIT~~ A VIOLATION ~~O F PARAGRAPH 11~~
300		-	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR ~~AT LEAST 20~~ INTENDED 12
301		-	RECIPIENTS ~~BUT LESS THAN 50 INTENDED RECIPIENTS~~ . 13
	298	+	(4) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 8
	299	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR 50 OR MORE INTENDED 9
	300	+	RECIPIENTS. 10
302	301
303		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 14
304		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT ~~FOR~~ NOT LESS ~~TH AN 2 15~~
305		-	YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 16
	302	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 11
	303	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT F OR NOT LESS THAN 5 12
	304	+	YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 13
306	305
307		-	(4) ~~(I)~~ A ~~PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 17~~
308		-	~~(1)(I) OF~~ THIS ~~SUBSECTION I NVOLVING MAIL~~ FOR ~~50 OR MORE INTENDED 18~~
309		-	~~RECIPIENTS~~. 19
	306	+	(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 14
	307	+	UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 15
	308	+	BASED ON THE ACT EST ABLISHING A VIOLATION OF THI S SECTION. 16
310	309
311		-	(II) A PERSON WH O VIOLATES THIS PARA GRAPH IS GUILTY OF A 20
312		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 21
313		-	YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 22
	310	+	7–106.3. 17
314	311
315		-	(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 23
316		-	UNDER THIS SECTION DOES NO T MERGE WITH A CONVI CTION FOR ANY OTHER CRIME 24
317		-	BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 25
	312	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
	313	+	INDICATED. 19
318	314
319		-	7–106.3. 26
	315	+	(2) “ELDERLY PERSON ” MEANS A PERSON WHO I S AT LEAST 65 YEARS 20
	316	+	OLD. 21
320	317
321		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
322		-	INDICATED. 28
	318	+	(3) “DISABLED PERSON ” MEANS A PERSON WHO H AS: 22
323	319
324		-	(2) ~~“ELDERLY PERSON ” MEANS~~ A ~~PERSON WHO I S AT LEAST 65 YEARS 29~~
325		-	~~OLD. 30~~
	320	+	(I) A DEVELOPMENTAL DISABI LITY, AS DEFINED IN § 7–101(G) 23
	321	+	OF THE HEALTH – GENERAL ARTICLE; 24
326	322
327		-	(3) “DISABLED PERSON ” MEANS A PERSON WHO H AS: 31
	323	+	(II) AN INTELLECTUAL DISA BILITY, AS DEFINED IN § 7–101(N) 25
	324	+	OF THE HEALTH – GENERAL ARTICLE; 26
	325	+
	326	+	(III) A MENTAL DISORDER , AS DEFINED IN § 10–101(I) OF THE 27
	327	+	HEALTH – GENERAL ARTICLE; OR 28
	328	+
	329	+	(IV) A PHYSICAL DISABILIT Y. 29
328	330		8 SENATE BILL 373
329	331
330	332
331		-	(I) A DEVELOPMENTAL DISA BILITY, AS DEFINED IN § 7–101(G) 1
332		-	OF THE HEALTH – GENERAL ARTICLE; 2
	333	+	(B) (1) (I) A PERSON MAY NOT VIOLA TE § 7–106.2 OF THIS SUBTITLE 1
	334	+	AGAINST AN INTENDED RECIPIENT OF MAIL WH EN THE PERSON KNOWS OR BELIEVES 2
	335	+	THAT THE INTENDED RE CIPIENT IS AN ELDERL Y PERSON OR A DISABL ED PERSON. 3
333	336
334		-	(II) AN INTELLECTUAL DISA BILITY, AS DEFINED IN § 7–101(N) 3
335		-	OF THE HEALTH – GENERAL ARTICLE; 4
	337	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 4
	338	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 5
	339	+	YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 6
336	340
337		-	(III) A MENTAL DISORDER , AS DEFINED IN § 10–101(I) OF THE 5
338		-	HEALTH – GENERAL ARTICLE; OR 6
	341	+	(2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PARAGRAPH 7
	342	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 10 INTENDED 8
	343	+	RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS . 9
339	344
340		-	(IV) A PHYSICAL DISABILIT Y. 7
	345	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 10
	346	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 11
	347	+	YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 12
341	348
342		-	(~~B) (1~~) (I) A PERSON MAY NOT ~~VIOLA TE § 7–106.2~~ OF ~~THIS SUBTITLE 8~~
343		-	~~AGAINST AN~~ INTENDED ~~RECIPIENT OF MAIL WH EN THE PERSON KNOWS OR BELIEVES 9~~
344		-	~~THAT THE INTENDED RE CIPIENT IS AN ELDERL Y PERSON OR A DISABL ED PERSON~~. 10
	349	+	(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 13
	350	+	(1)(I) OF THIS SUBSECTION I NVOLVING MAIL FOR AT LEAST 50 INTENDED 14
	351	+	RECIPIENTS. 15
345	352
346		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS ~~GU ILTY~~ OF A 11
347		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN ~~2 12~~
348		-	YEARS AND NOT EXCEED ING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 13
	353	+	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GUILTY OF A 16
	354	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 17
	355	+	YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 18
349	356
350		-	(2) ~~(I)~~ A ~~PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 14~~
351		-	~~(1)(I) OF~~ THIS ~~SUBSECTION I NVOLVING MAIL~~ FOR ~~AT LEAST 10 INTENDED 15~~
352		-	~~RECIPIENTS BUT LESS THAN 50 INTENDED RECIPIENTS~~ . 16
	357	+	(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A CONVICTION 19
	358	+	UNDER THIS SECTION D OES NOT MERGE WITH A CONVICT ION FOR ANY OTHER CR IME 20
	359	+	BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 21
353	360
354		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GUILTY OF A 17
355		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 2 18
356		-	YEARS AND NOT EXCEED ING 20 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 19
	361	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
	362	+	October 1, 2024. 23
357	363
358		-	(3) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 20
359		-	(1)(I) OF THIS SUBSECTION I NVOLVING MA IL FOR AT LEAST 50 INTENDED 21
360		-	RECIPIENTS. 22
361		-
362		-	(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GU ILTY OF A 23
363		-	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT FOR NOT LESS THAN 5 24
364		-	YEARS AND NOT EXCEED ING 99 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 25
365		-
366		-	(C) NOTWITHSTANDING ANY OTH ER PROVISION OF LAW , A CONVICTION 26
367		-	UNDER THIS SECTION D OES NOT MERGE WITH A CONVICTION FOR ANY O THER CRIME 27
368		-	BASED ON THE ACT EST ABLISHING A VIOLATIO N OF THIS SECTION. 28
369		-
370		-	3–905. 29
371		-
372		-	(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
373		-	INDICATED. 31
374		-	SENATE BILL 373 9
375		-
376		-
377		-	(2) “ARROW KEY” MEANS AN INSTRUMENT THAT ALLOWS A MAIL 1
378		-	CARRIER TO ACCESS A MAILBOX OR OTHER DEP OSITORY FOR STORING MAIL. 2
379		-
380		-	(3) (I) “MAIL” MEANS AN ITEM THAT H AS BEEN OR IS INTEND ED TO 3
381		-	BE DELIVERED BY USE OF A COMMON CARRIER OR DELIVERY SERV ICE TO A PERSON 4
382		-	WHOSE ADDRESS APPEAR S ON THE ITEM. 5
383		-
384		-	(II) “MAIL” INCLUDES AN ADDRESSE D LETTER, POSTAL CARD , 6
385		-	OR PACKAGE. 7
386		-
387		-	(B) (1) A person may not [take and] INTENTIONALLY break open [a letter] AN 8
388		-	ITEM OF MAIL that is not addressed to the person without permission from the person to 9
389		-	whom the [letter] MAIL is addressed or the personal representative of the addressee’s 10
390		-	estate. 11
391		-
392		-	(2) A PERSON MAY NOT COMMI T AN ACT THAT WOULD CONSTITUTE A 12
393		-	VIOLATION OF § 7–104 OF THIS ARTICLE INVOLVIN G THE THEFT OF 1 BUT LESS THAN 13
394		-	16 ITEMS OF MAIL. 14
395		-
396		-	(3) A PERSON MAY NOT COMMI T AN ACT THAT WOULD CONSTITUTE A 15
397		-	VIOLATION OF § 7–104 OF THIS ARTICLE INVO LVING THEFT OF 16 OR MORE ITEMS 16
398		-	OF MAIL. 17
399		-
400		-	(4) A PERSON MAY NOT COMMI T AN ACT THAT WOULD CONSTITUTE A 18
401		-	VIOLATION OF § 7–104 OF THIS ARTICLE INVO LVING THEFT OF 1 OR MORE ITEMS OF 19
402		-	MAIL USING AN ARROW KEY. 20
403		-
404		-	(C) A PERSON MAY NOT POSSE SS AN ARROW KEY WITH THE INTENT TO USE 21
405		-	OR ALLOW THE USE OF THE ARROW KEY IN THE COMMISSION OF A VIOL ATION OF 22
406		-	THIS SECTION. 23
407		-
408		-	[(b)] (D) (1) A person who violates SUBSECTION (B)(1) OF this section is 24
409		-	guilty of a misdemeanor and on conviction is subject to imprisonment for 6 days and a fine 25
410		-	of $15. 26
411		-
412		-	(2) A PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS 27
413		-	GUILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT TO IMPRIS ONMENT 28
414		-	NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 29
415		-
416		-	(3) A PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS 30
417		-	GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT 31
418		-	EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH. 32
419		-	10 SENATE BILL 373
420		-
421		-
422		-	(4) A PERSON WHO VIOLATES SUBSECTION (B)(4) OF THIS SECTION IS 1
423		-	GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 2
424		-	EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 3
425		-
426		-	(5) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 4
427		-	GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 5
428		-	EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $3,000 OR BOTH. 6
429		-
430		-	(E) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 7
431		-	AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY OTH ER CRIME 8
432		-	BASED ON THE ACTS ES TABLISHING A VIOLATI ON OF THIS SECTION . 9
433		-
434		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
435		-	October 1, 2024. 11
436		-
437		-
438		-
439		-
440		-
441		-	Approved:
442		-	________________________________________________________________________________
443		-	Governor.
444		-	________________________________________________________________________________
445		-	President of the Senate.
446		-	________________________________________________________________________________
447		-	Speaker of the House of Delegates.