Maryland Crimes Involving Telecommunications and Electronics (MD. Criminal Law Code Ann. § 7-301 - § 7-318)

Maryland Crimes Involving Telecommunications and Electronics

MD. Criminal Law Code Ann. § 7-301 - § 7-318

 

Criminal Law

Title 7 - Theft and Related Crimes

Subtitle 3 - Crimes Involving Telecommunications and Electronics

Part I - General Provisions

Section 7-301 - Code Grabbing Devices

Section 7-302 - Unauthorized Access to Computers and Related Material

Section 7-303 - Interference With Cable Television Service

Section 7-304 - Obtaining Telephone Records Without Authorization Prohibited

Part II - Recorded Articles

Section 7-306 - Application of Part

Section 7-307 - Effect on Private Litigation

Section 7-308 - Prohibited Transfer of Recorded Sounds or Images

Section 7-309 - Penalty

Section 7-310 - Forfeiture and Destruction

Part III - Telecommunication Service Providers

Section 7-313 - Definitions

Section 7-314 - Scope of Part

Section 7-315 - Prohibited

Section 7-316 - Penalties

Section 7-317 - Location of Violation

Section 7-318 - Civil Liability

 

Section 7-301 - Code Grabbing Devices

(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Code grabbing device” means a device that is capable of:

(i)    receiving and recording the coded signal transmitted by an electronic security system; and

(ii)    playing back the coded signal to disarm the electronic security system.

(3)    “Electronic security system” includes:

(i)    an electronic home security system;

(ii)    a motor vehicle security alarm system;

(iii)    an automatic garage door opener;

(iv)    a home detention monitoring device; and

(v)    an electronic or magnetic theft detection device used in a retail establishment.

(b)    A person may not manufacture, sell, use, or possess a code grabbing device with the intent that the code grabbing device be used in the commission of a crime.

(c)    A person may not knowingly possess a device intended to shield merchandise from detection by an electronic security system with the intent to commit theft.

(d)    A person may not knowingly possess a tool or device designed to allow the deactivation or removal from any merchandise an electronic security system or a device used as part of an electronic security system with the intent to:

(1)    use the tool or device to deactivate any electronic security system; or

(2)    remove any electronic security system or device used as part of an electronic security system from any merchandise without the permission of the merchant or person owning or lawfully holding the merchandise.

(e)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

 

Section 7-302 - Unauthorized Access to Computers and Related Material

(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Access” means to instruct, communicate with, store data in, retrieve or intercept data from, or otherwise use the resources of a computer program, computer system, or computer network.

(3)    (i)    “Aggregate amount” means a direct loss of property or services incurred by a victim.

(ii)    “Aggregate amount” includes:

1.    the value of any money, property, or service lost, stolen, or rendered unrecoverable by the crime; or

2.    any actual reasonable expenditure incurred by the victim to verify whether a computer program, computer, computer system, or computer network was altered, acquired, damaged, deleted, disrupted, or destroyed by access in violation of this section.

(4)    (i)    “Computer” means an electronic, magnetic, optical, organic, or other data processing device or system that performs logical, arithmetic, memory, or storage functions.

(ii)    “Computer” includes property, a data storage facility, or a communications facility that is directly related to or operated with a computer.

(iii)    “Computer” does not include an automated typewriter, a typesetter, or a portable calculator.

(5)    “Computer control language” means ordered statements that direct a computer to perform specific functions.

(6)    “Computer database” means a representation of information, knowledge, facts, concepts, or instructions that:

(i)    is intended for use in a computer, computer system, or computer network; and

(ii)    1.    is being prepared or has been prepared in a formalized manner; or

2.    is being produced or has been produced by a computer, computer system, or computer network.

(7)    “Computer network” means the interconnection of one or more computers through:

(i)    the use of a satellite, microwave, line, or other communication medium; and

(ii)    terminals or a complex consisting of two or more interconnected computers regardless of whether the interconnection is continuously maintained.

(8)    “Computer program” means an ordered set of instructions or statements that may interact with related data and, when executed in a computer system, causes a computer to perform specified functions.

(9)    “Computer services” includes computer time, data processing, and storage functions.

(10)    “Computer software” means a computer program, instruction, procedure, or associated document regarding the operation of a computer system.

(11)    “Computer system” means one or more connected or unconnected computers, peripheral devices, computer software, data, or computer programs.

(12)    “Ransomware” means a computer or data contaminant, encryption, or lock that:

(i)    is placed or introduced without authorization into a computer, a computer network, or a computer system; and

(ii)    restricts access by an authorized person to a computer, computer data, a computer network, or a computer system in a manner that results in the person responsible for the placement or introduction of the contaminant, encryption, or lock demanding payment of money or other consideration to remove the contaminant, encryption, or lock.

(b)    This section does not preclude the applicability of any other provision of this Code.

(c)    (1)    A person may not intentionally, willfully, and without authorization:

(i)    access, attempt to access, cause to be accessed, or exceed the person’s authorized access to all or part of a computer network, computer control language, computer, computer software, computer system, computer service, or computer database; or

(ii)    copy, attempt to copy, possess, or attempt to possess the contents of all or part of a computer database accessed in violation of item (i) of this paragraph.

(2)    A person may not commit an act prohibited by paragraph (1) of this subsection with the intent to:

(i)    cause the malfunction or interrupt the operation of all or any part of a computer, computer network, computer control language, computer software, computer system, computer service, or computer data; or

(ii)    alter, damage, or destroy all or any part of data or a computer program stored, maintained, or produced by a computer, computer network, computer software, computer system, computer service, or computer database.

(3)    A person may not intentionally, willfully, and without authorization:

(i)    possess, identify, or attempt to identify a valid access code; or

(ii)    publicize or distribute a valid access code to an unauthorized person.

(4)    A person may not commit an act prohibited under this subsection with the intent to interrupt or impair the functioning of:

(i)    the State government;

(ii)    a service, device, or system related to the production, transmission, delivery, or storage of electricity or natural gas in the State that is owned, operated, or controlled by a person other than a public service company, as defined in § 1–101 of the Public Utilities Article;

(iii)    a service provided in the State by a public service company, as defined in § 1–101 of the Public Utilities Article;

(iv)    a health care facility, as defined in § 18–338.1 of the Health – General Article; or

(v)    a public school, as defined in § 1–101 of the Education Article.

(5)    (i)    This paragraph does not apply to a person who has a bona fide scientific, educational, governmental, testing, news, or other similar justification for possessing ransomware.

(ii)    A person may not knowingly possess ransomware with the intent to use the ransomware for the purpose of introduction into the computer, computer network, or computer system of another person without the authorization of the other person.

(d)    (1)    A person who violates subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(2)    A person who violates subsection (c)(2) or (3) of this section:

(i)    if the aggregate amount of the loss is $10,000 or more, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; or

(ii)    if the aggregate amount of the loss is less than $10,000, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(3)    A person who violates subsection (c)(4) of this section:

(i)    if the aggregate amount of the loss is $10,000 or more, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both; or

(ii)    if the aggregate amount of the loss is less than $10,000, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $25,000 or both.

(4)    A person who violates subsection (c)(5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

(e)    Access achieved in violation of this section under a single scheme or a continuing course of conduct may be considered as one violation.

(f)    A court of competent jurisdiction may try a person prosecuted under this section in any county in this State where:

(1)    the defendant performed the act; or

(2)    the accessed computer is located.

(g)    (1)    A person who has suffered a specific and direct injury because of a violation of this section may bring a civil action in a court of competent jurisdiction.

(2)    In an action under this subsection, the court may award actual damages and reasonable attorney’s fees and court costs.

(3)    A conviction for an offense under this section is not a prerequisite for maintenance of an action under this subsection.

 

Section 7-303 - Interference With Cable Television Service

(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Cable television company” means a franchised or private cable television company.

(3)    “Cable television service” means:

(i)    cable and satellite cable programming;

(ii)    service provided by or through the facility of a cable television system or a closed circuit coaxial cable communication system; or

(iii)    a microwave, satellite, or similar transmission service used with a cable television system or a closed circuit coaxial cable communication system.

(b)    (1)    Destroying, damaging, cutting, tampering with, installing, tapping, removing, displacing, or connecting with a wire, conduit, apparatus, or other equipment of a cable television company is prima facie evidence of an intent to receive cable television services without payment.

(2)    Actual possession of a device designed to facilitate an act prohibited by this section, or possession and control of a quantity of those devices indicating possession for resale, is prima facie evidence of an intent to violate this section.

(c)    A person may not:

(1)    destroy, damage, cut, tamper with, install, tap, remove, displace, or connect with a wire, conduit, apparatus, or other equipment of a cable television company with the intent to receive cable television services without payment;

(2)    prevent, obstruct, or delay the sending, conveyance, distribution, or receiving of programming material transmitted by a cable television company;

(3)    with the intent to deprive a person of lawful compensation, receive, attempt to receive, or assist another to receive:

(i)    cable television service by trick, use of a decoder, or other fraudulent means; or

(ii)    satellite cable programming that is:

1.    offered for sale in the person’s area through an unauthorized marketing system; or

2.    received by decoding encrypted satellite cable programming;

(4)    without authority from the cable television company, connect with a cable, wire, component, or other device used to distribute cable television service;

(5)    alter:

(i)    a device installed with the authorization of a cable television company to intercept or receive a program or service carried by the company; or

(ii)    equipment capable of decoding encrypted satellite cable programming to intercept or receive satellite cable programming; or

(6)    sell, rent, or offer for sale or rent a device or a plan for a device knowing that the recipient intends to use the device or to plan to do an act prohibited by this section.

(d)    (1)    Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(i)    for a first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; or

(ii)    for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

(2)    A person who commits an act prohibited by this section for payment or offer of payment is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(e)    A cable television company may bring an action to enjoin a violation of this section.

(f)    In addition to the penalties under subsection (d) of this section, a person who violates subsection (c)(3) or (6) of this section is liable to the aggrieved cable television company for all appropriate civil damages awarded by a court.

(g)    A device used to violate this section is subject to seizure by and forfeiture to the State.

 

Section 7-304 - Obtaining Telephone Records Without Authorization Prohibited

(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Customer” means a person who subscribes to, or is financially responsible for a subscription to, telephone service from a telephone company.

(3)    “Telephone” means a device used by a person for voice communications transmitted in analog, data, or any other form.

(4)    “Telephone company” means a person that provides commercial telephone service to a customer, regardless of the communication technology used, including:

(i)    traditional wireline or cable telephone service;

(ii)    cellular, broadband PCS, or other commercial mobile radiotelephone service;

(iii)    microwave, satellite, or other terrestrial telephone service; and

(iv)    voice over Internet telephone service.

(5)    (i)    “Telephone record” means information retained by a telephone company that relates to:

1.    the telephone number dialed by a customer or other person using the customer’s telephone;

2.    the incoming number of a call directed to a customer or other person using the customer’s telephone; or

3.    other data related to calls typically contained on a customer’s telephone bill, such as the time the call started and ended, the duration of the call, and any charges applied.

(ii)    “Telephone record” does not include information collected or retained by customers using caller I.D. or similar technology.

(b)    This section does not apply to:

(1)    a person acting under a valid court order, warrant, or subpoena; or

(2)    a law enforcement officer acting in the performance of official duty.

(c)    A person may not:

(1)    knowingly obtain, attempt to obtain, or solicit or conspire with another to obtain, a telephone record:

(i)    without the authorization of the customer to whom the record pertains; or

(ii)    by fraudulent, deceptive, or false means;

(2)    knowingly sell or attempt to sell a telephone record without the authorization of the customer to whom the record pertains; or

(3)    receive a telephone record:

(i)    knowing that the record has been obtained without the authorization of the customer to whom the record pertains; or

(ii)    by fraudulent, deceptive, or false means.

(d)    (1)    A violation of this section is an unfair or deceptive trade practice under Title 13 of the Commercial Law Article.

(2)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

(e)    Notwithstanding any other law, the prosecution for a violation of this section may be commenced in any county in which:

(1)    an element of the crime occurred; or

(2)    the victim resides.

(f)    This section may not be construed to prohibit a telephone company from obtaining, using, disclosing, or allowing access to a customer’s telephone record:

(1)    as otherwise authorized by law;

(2)    with the consent of the customer;

(3)    in connection with service provided to the customer;

(4)    for purposes of billing or collection from the customer;

(5)    as necessary to prevent fraud or abusive practices;

(6)    to a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the telephone record; or

(7)    to the National Center for Missing and Exploited Children, in connection with a report submitted under § 227 of the federal Victims of Child Abuse Act of 1990.

 

Part II - Recorded Articles

Section 7-306 - Application of Part

This part does not apply to:

(1)    a radio or television broadcaster or cable radio or television operator who transfers sounds or images:

(i)    as part of or with a radio or television transmission; or

(ii)    for archival preservation; or

(2)    a person who transfers sounds or images in the person’s home for the person’s personal use without consideration being derived by the person, or any other, from the transfer.

 

Section 7-307 - Effect on Private Litigation

This part does not affect the rights of parties in private litigation.

 

Section 7-308 - Prohibited Transfer of Recorded Sounds or Images

(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Deliver” means to sell, rent, distribute, or circulate.

(3)    “Performance” includes a live performance and a performance that is transmitted by wire, radio, or television.

(4)    “Recorded article” means a phonograph record, disc, wire, tape, film, videocassette, or other article on which sounds are recorded or otherwise stored.

(b)    (1)    This subsection applies only to sound recordings initially fixed before February 15, 1972.

(2)    Except as otherwise provided in this section, a person may not knowingly transfer or cause to be transferred any sounds recorded on a recorded article to any other recorded article:

(i)    with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and

(ii)    without the consent of the owner of the original fixation of sounds embodied in the master recorded article.

(c)    Except as otherwise provided in this section, a person may not knowingly deliver, offer for delivery, possess for delivery, cause to be delivered, cause to be offered for delivery, or cause to be possessed for delivery a recorded article or device:

(1)    on which sounds have been transferred without the consent of the owner of the original fixation of sounds embodied in the master recorded article; or

(2)    embodying a performance without the consent of the performer.

(d)    (1)    Except as otherwise provided in this section, a person may not knowingly transfer to or cause to be transferred to a recorded article on which sounds or images have been transferred or stored any performance:

(i)    with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and

(ii)    without the consent of the performer.

(2)    A person may not knowingly deliver, offer for delivery, or possess for the purpose of delivery a recorded article on which sounds or images have been transferred or stored, unless the recorded article bears in a prominent place on its outside face or package:

(i)    the actual name and street address of the transferor of the sounds or images; and

(ii)    the actual name of the performer or group.

(e)    Except in the lobby area of a motion picture theater, a person may not knowingly operate an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the theater.

 

Section 7-309 - Penalty

(a)    For a first violation, a person who violates this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both for each individual act in violation of this part.

(b)    For each subsequent violation, a person who violates this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both for each individual act in violation of this part.

 

Section 7-310 - Forfeiture and Destruction

A recorded article produced in violation of this part and all equipment used to produce the recorded article are subject to forfeiture and destruction by the appropriate law enforcement unit.

 

Part III - Telecommunication Service Providers

Section 7-313 - Definitions

(a)    In this part the following words have the meanings indicated.

(b)    (1)    “Manufacture” means:

(i)    with respect to an unlawful access device:

1.    to make, produce, or assemble an unlawful access device; or

2.    to modify, alter, program, or reprogram technology, software, or a device to defeat or circumvent technology, software, or a device that is used by the provider, owner, or licensee of a telecommunication service or of a data, audio, or video service, program, or transmission, to protect the telecommunication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission, or retransmission; and

(ii)    with respect to an unlawful telecommunication device or access code:

1.    to make, produce, or assemble an unlawful telecommunication device or access code; or

2.    to modify, alter, program, or reprogram a telecommunication device or access code to be capable of acquiring, disrupting, receiving, transmitting, decrypting, or facilitating the acquisition, disruption, receipt, transmission, or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider.

(2)    “Manufacture” includes knowingly to assist another in performing an activity described in paragraph (1) of this subsection.

(c)    “Telecommunication device or access code” means:

(1)    an instrument, device, machine, equipment, technology, or software that is capable of transmitting, acquiring, decrypting, or receiving telephonic, electronic, data, Internet access, audio, video, microwave or radio communications, transmissions, signals, or services provided by or through a cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based, or wireless distribution network, system, or facility;

(2)    a part, accessory, or component of an item listed in item (1) of this subsection, including a computer circuit, security module, smart card, software, computer chip, electronic mechanism, or other part, component, or accessory of any telecommunication device that is capable of facilitating the transmission, decryption, acquisition, or reception of any type of communication, transmission, signal, or service listed in item (1) of this subsection; or

(3)    an electronic serial number, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, or transmit a telecommunication service.

(d)    “Telecommunication service” means a service provided for a fee or other compensation:

(1)    to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, or sounds or intelligence of any nature by a telephone, cellular telephone, wire, wireless, radio, electromagnetic, photoelectronic, or photo-optical system; or

(2)    by a radio, telephone, fiber optic, cable television, satellite, microwave, data transmission, wireless, or Internet-based distribution system, network, or facility, including electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals, and services and those communications, transmissions, signals, and services provided directly or indirectly, by or through a system, network, facility, or technology listed in this subsection.

(e)    (1)    “Telecommunication service provider” means a person that:

(i)    owns or operates a fiber optic, cable television, satellite, Internet-based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility; or

(ii)    provides a telecommunication service directly or indirectly using any of the systems, networks, or facilities listed in item (i) of this paragraph.

(2)    “Telecommunication service provider” includes a person that, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.

(f)    “Unlawful access device” means an instrument, device, access code, machine, equipment, technology, or software that is primarily designed, assembled, manufactured, sold, distributed, possessed, used, offered, promoted, or advertised to defeat or circumvent technology, software, or a device, or a component or part of any technology, software, or a device used by the provider, owner, or licensee of a telecommunication service or of a data, audio, or video program or transmission, to protect that telecommunication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission, or retransmission.

(g)    (1)    “Unlawful telecommunication device or access code” means a telecommunication device or access code that has been altered, designed, modified, programmed, or reprogrammed, alone or in conjunction with another telecommunication device or access code, to facilitate the disruption, acquisition, receipt, transmission, or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider.

(2)    “Unlawful telecommunication device or access code” includes a device, technology, product, service, equipment, access code, computer software, component, or part that is primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed, or used to provide the unauthorized access to or receipt, transmission, disruption, decryption, or acquisition of a telecommunication service provided by a telecommunication service provider.

 

Section 7-314 - Scope of Part

This part does not apply to:

(1)    a law enforcement officer who possesses or uses a telecommunication device or access code in the course of an official law enforcement investigation;

(2)    a telecommunication service provider while lawfully acting in that capacity; or

(3)    a person who is expressly authorized by a law enforcement unit or other lawful authority to:

(i)    manufacture telecommunication devices or access codes for distribution or sale to a law enforcement unit or telecommunication service provider; or

(ii)    distribute or sell telecommunication devices or access codes to law enforcement units or telecommunication service providers.

 

Section 7-315 - Prohibited

A person may not knowingly:

(1)    possess, use, manufacture, distribute, transfer, sell, offer, promote, or advertise for sale, use, or distribution, an unlawful telecommunication device or access code:

(i)    to commit a theft of telecommunication service; or

(ii)    to receive, disrupt, transmit, decrypt, acquire, or facilitate the receipt, disruption, transmission, decryption, or acquisition of a telecommunication service without the express consent or express authorization of the telecommunication service provider;

(2)    possess, use, manufacture, distribute, transfer, sell, offer, promote, or advertise for sale, use, or distribution an unlawful access device; or

(3)    possess, use, prepare, distribute, sell, give, transfer, offer, promote, or advertise for sale, use, or distribution equipment, hardware, cables, tools, data, computer software, or other components, knowing that the purchaser or a third person intends to use them to manufacture an unlawful telecommunication device or access code for a purpose prohibited by this part.

 

Section 7-316 - Penalties

(a)    A person who violates § 7-315 of this part involving more than 100 unlawful telecommunication devices or access codes or unlawful access devices is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(b)    A person who violates § 7-315 of this part involving 100 or fewer unlawful telecommunication devices or access codes or unlawful access devices is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

(c)    In addition to any other sentence authorized by law, the court may require a person convicted of violating this part to make restitution in accordance with the Criminal Procedure Article.

(d)    In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of this part forfeit to the State any unlawful telecommunication devices or access codes or unlawful access devices in the person’s possession or control that were involved in the violation.

 

Section 7-317 - Location of Violation

(a)    A violation of § 7-315 of this part may be considered to have been committed at either:

(1)    the place where the defendant manufactured the unlawful telecommunication device or access code or unlawful access device; or

(2)    any place where the unlawful telecommunication device or access code or unlawful access device was sold or delivered to a purchaser or recipient.

(b)    It is not a defense to a violation of this part that some of the acts constituting the violation occurred out of the State.

 

Section 7-318 - Civil Liability

(a)    A person who has suffered a specific and direct injury to a right protected by this part because of a violation of § 7-315 of this part may bring a civil action in a court of competent jurisdiction.

(b)    The court:

(1)    may impose preliminary and final injunctions to prevent or restrain a violation of § 7-315 of this part;

(2)    at any time while an action is pending, may order the impounding of any unlawful telecommunication device or access code or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of § 7-315 of this part;

(3)    may award damages subject to subsection (d) of this section; or

(4)    as part of a final judgment or decree finding a violation of § 7-315 of this part, may order the remedial modification or destruction of any unlawful telecommunication device or access code or unlawful access device involved in the violation that is in the custody or control of the violator or that has been impounded under paragraph (2) of this subsection.

(c)    This section does not allow the District Court to grant relief under subsection (b)(1) of this section.

(d)    (1)    Damages awarded by a court under this section may be computed as actual damages suffered by the complaining party as a result of the violation of § 7-315 of this part and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages.

(2)    In determining the profits of the violator under paragraph (1) of this subsection:

(i)    the complaining party must prove only the violator’s gross revenue; and

(ii)    the violator must prove the deductible expenses and elements of profit attributable to factors other than the violation.

 

For more information, see here:  https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=7-301&enactments=false

 

These materials were obtained directly from the State Legislative websites and are posted here for your review and reference only.  No Claim to Original State Government Works.  This may not be the most recent version.  The State may have more current information.  We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to.  Please check the linked sources directly.