22 | 16 | | |
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23 | 17 | | AN ACT concerning 1 |
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24 | 18 | | |
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25 | 19 | | Criminal Law – Interference With a Public Safety Answering Point – Penalties 2 |
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26 | 20 | | |
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27 | 21 | | FOR the purpose of prohibiting a person from taking certain actions with the intent to 3 |
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28 | 22 | | interrupt or impair the functioning of a public safety answering point; prohibiting a 4 |
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29 | 23 | | person from taking certain actions that interrupt or impair the functioning of a 5 |
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30 | 24 | | public safety answering point; and generally relating to public safety answering 6 |
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31 | 25 | | points. 7 |
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32 | 26 | | |
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33 | 27 | | BY repealing and reenacting, with amendments, 8 |
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34 | 28 | | Article – Criminal Law 9 |
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35 | 29 | | Section 7–302(c) and (d) 10 |
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36 | 30 | | Annotated Code of Maryland 11 |
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37 | 31 | | (2021 Replacement Volume and 2024 Supplement) 12 |
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38 | 32 | | |
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39 | 33 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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40 | 34 | | That the Laws of Maryland read as follows: 14 |
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41 | 35 | | |
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42 | 36 | | Article – Criminal Law 15 |
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43 | 37 | | |
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44 | 38 | | 7–302. 16 |
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45 | 39 | | |
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46 | 40 | | (c) (1) A person may not intentionally, willfully, and without authorization: 17 |
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50 | | - | (i) access, attempt to access, cause to be accessed, or exceed the 1 |
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51 | | - | person’s authorized access to all or part of a computer network, computer control language, 2 |
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52 | | - | computer, computer software, computer system, computer service, or computer database; 3 |
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53 | | - | or 4 |
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54 | | - | |
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55 | | - | (ii) copy, attempt to copy, possess, or attempt to possess the contents 5 |
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56 | | - | of all or part of a computer database accessed in violation of item (i) of this paragraph. 6 |
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57 | | - | |
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58 | | - | (2) A person may not commit an act prohibited by paragraph (1) of this 7 |
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59 | | - | subsection with the intent to: 8 |
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60 | | - | |
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61 | | - | (i) cause the malfunction or interrupt the operation of all or any part 9 |
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62 | | - | of a computer, computer network, computer control language, computer software, computer 10 |
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63 | | - | system, computer service, or computer data; or 11 |
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64 | | - | |
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65 | | - | (ii) alter, damage, or destroy all or any part of data or a computer 12 |
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66 | | - | program stored, maintained, or produced by a computer, computer network, computer 13 |
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67 | | - | software, computer system, computer service, or computer database. 14 |
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68 | | - | |
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69 | | - | (3) A person may not intentionally, willfully, and without authorization: 15 |
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70 | | - | |
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71 | | - | (i) possess, identify, or attempt to identify a valid access code; or 16 |
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72 | | - | |
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73 | | - | (ii) publicize or distribute a valid access code to an unauthorized 17 |
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74 | | - | person. 18 |
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75 | | - | |
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76 | | - | (4) A person may not commit an act prohibited under this subsection with 19 |
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77 | | - | the intent to interrupt or impair the functioning of: 20 |
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78 | | - | |
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79 | | - | (i) the State government; 21 |
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80 | | - | |
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81 | | - | (ii) a service, device, or system related to the production, 22 |
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82 | | - | transmission, delivery, or storage of electricity or natural gas in the State that is owned, 23 |
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83 | | - | operated, or controlled by a person other than a public service company, as defined in § 24 |
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84 | | - | 1–101 of the Public Utilities Article; 25 |
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85 | | - | |
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86 | | - | (iii) a service provided in the State by a public service company, as 26 |
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87 | | - | defined in § 1–101 of the Public Utilities Article; 27 |
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88 | | - | |
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89 | | - | (iv) a health care facility, as defined in § 18–338.1 of the 28 |
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90 | | - | Health – General Article; or 29 |
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91 | | - | |
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92 | | - | (v) a public school, as defined in § 1–101 of the Education Article. 30 |
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93 | | - | |
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94 | | - | (5) (i) This paragraph does not apply to a person who has a bona fide 31 |
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95 | | - | scientific, educational, governmental, testing, news, or other similar justification for 32 |
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96 | | - | possessing ransomware. 33 SENATE BILL 81 3 |
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| 47 | + | (ii) copy, attempt to copy, possess, or attempt to possess the contents 22 |
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| 48 | + | of all or part of a computer database accessed in violation of item (i) of this paragraph. 23 2 SENATE BILL 81 |
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131 | | - | (i) if the aggregate amount of the loss is $10,000 or more, is guilty 24 |
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132 | | - | of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 25 |
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133 | | - | exceeding $100,000 or both; or 26 |
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| 75 | + | (ii) a service, device, or system related to the prod uction, 16 |
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| 76 | + | transmission, delivery, or storage of electricity or natural gas in the State that is owned, 17 |
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| 77 | + | operated, or controlled by a person other than a public service company, as defined in § 18 |
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| 78 | + | 1–101 of the Public Utilities Article; 19 |
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139 | | - | (4) A person who violates subsection (c)(5) of this section is guilty of a 30 |
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140 | | - | misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 31 |
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141 | | - | not exceeding $5,000 or both. 32 |
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| 83 | + | (iv) a health care facility, as defined in § 18–338.1 of the 22 |
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| 84 | + | Health – General Article; or 23 |
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| 85 | + | |
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| 86 | + | (v) a public school, as defined in § 1–101 of the Education Article. 24 |
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| 87 | + | |
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| 88 | + | (5) (i) This paragraph does not apply to a person who has a bona fide 25 |
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| 89 | + | scientific, educational, governmental, testing, news, or other similar justification for 26 |
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| 90 | + | possessing ransomware. 27 |
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| 91 | + | |
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| 92 | + | (ii) A person may not knowingly possess ransomware with the intent 28 |
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| 93 | + | to use the ransomware for the purpose of introduction into the computer, computer 29 |
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| 94 | + | network, or computer system of another person without the authorization of the other 30 |
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| 95 | + | person. 31 |
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| 96 | + | |
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| 97 | + | (6) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 32 SENATE BILL 81 3 |
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| 98 | + | |
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| 99 | + | |
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| 100 | + | SUBSECTION WITH THE INTENT TO INTERRUPT OR IMPAIR THE FUNCTIONING OF A 1 |
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| 101 | + | PUBLIC SAFETY ANSWER ING POINT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 2 |
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| 102 | + | ARTICLE. 3 |
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| 103 | + | |
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| 104 | + | (7) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 4 |
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| 105 | + | SUBSECTION THAT INTE RRUPTS OR IMPAIRS TH E FUNCTIONING OF A PUB LIC 5 |
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| 106 | + | SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 6 |
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| 107 | + | ARTICLE. 7 |
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| 108 | + | |
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| 109 | + | (d) (1) A person who violates subsection (c)(1) of this section is guilty of a 8 |
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| 110 | + | misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine 9 |
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| 111 | + | not exceeding $1,000 or both. 10 |
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| 112 | + | |
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| 113 | + | (2) A person who violates subsection (c)(2) or (3) of this section: 11 |
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| 114 | + | |
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| 115 | + | (i) if the aggregate amount of the loss is $10,000 or more, is guilty 12 |
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| 116 | + | of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 13 |
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| 117 | + | exceeding $10,000 or both; or 14 |
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| 118 | + | |
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| 119 | + | (ii) if the aggregate amount of the loss is less than $10,000, is guilty 15 |
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| 120 | + | of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 16 |
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| 121 | + | fine not exceeding $5,000 or both. 17 |
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| 122 | + | |
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| 123 | + | (3) A person who violates subsection (c)(4) of this section: 18 |
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| 124 | + | |
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| 125 | + | (i) if the aggregate amount of the loss is $10,000 or more, is guilty 19 |
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| 126 | + | of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 20 |
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| 127 | + | exceeding $100,000 or both; or 21 |
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| 128 | + | |
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| 129 | + | (ii) if the aggregate amount of the loss is less than $10,000, is guilty 22 |
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| 130 | + | of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 23 |
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| 131 | + | fine not exceeding $25,000 or both. 24 |
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| 132 | + | |
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| 133 | + | (4) A person who violates subsection (c)(5) of this section is guilty of a 25 |
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| 134 | + | misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 26 |
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| 135 | + | not exceeding $5,000 or both. 27 |
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| 136 | + | |
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| 137 | + | (5) A PERSON WHO VIOLATES SUBSECTION (C)(6) OF THIS SECTION IS 28 |
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| 138 | + | GUILTY OF A FELONY A ND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT 29 |
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| 139 | + | EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH. 30 |
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| 140 | + | |
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| 141 | + | (6) A PERSON WHO VIOLATES SUBSECTION (C)(7) OF THIS SECTION IS 31 |
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| 142 | + | GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 32 |
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| 143 | + | EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 33 |
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