SENATE
BILL 222
Unofficial
Copy
1998 Regular Session
E1
(8lr1753)
ENROLLED
BILL
-- Judicial Proceedings/Judiciary
--
Introduced by Senators Hogan and Teitelbaum
Read and Examined
by Proofreaders:
_____________________________________________
Proofreader.
_____________________________________________
Proofreader.
Sealed with the
Great Seal
and presented
to the Governor, for
his approval
this
_____ day of ____________ at
____________________ o'clock, _____M.
_____________________________________________
President.
CHAPTER_______
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AN ACT concerning
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Crimes - Electronic Mail Misuse - Penalties
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FOR the purpose of prohibiting a person from using electronic mail in a
certain
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manner and with a certain intent under certain
circumstances; providing a
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certain exception; providing certain penalties; defining a
certain term; and
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generally relating to the misuse of electronic mail.
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BY adding to
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Article 27 - Crimes and Punishments
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Section 555C to be under the amended subheading "Telephone and
Electronic
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Mail Misuse"
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Annotated Code of Maryland
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(1996
Replacement Volume and 1997 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
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MARYLAND, That the Laws of Maryland read as follows
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SENATE BILL 222
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Article 27 - Crimes and Punishments
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Telephone AND ELECTRONIC MAIL Misuse
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555C.
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(A)
IN THIS SECTION, "ELECTRONIC MAIL" MEANS A COMMUNICATION OR
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MESSAGE SENT TO A SPECIFIC PERSON OR PERSONS THROUGH THE USE OF A
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COMPUTER AND INTENDED TO BE RECEIVED BY A COMPUTER THE
TRANSMISSION
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OF INFORMATION OR A COMMUNICATION BY THE USE OF A COMPUTER OR OTHER
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ELECTRONIC MEANS SENT TO A PERSON IDENTIFIED BY A UNIQUE ADDRESS
AND
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RECEIVED BY THAT PERSON.
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(B)
THIS SECTION DOES NOT APPLY TO ANY PEACEABLE ACTIVITY INTENDED
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TO EXPRESS POLITICAL VIEWS OR PROVIDE INFORMATION TO OTHERS.
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(B)
(C)
A PERSON MAY NOT USE ELECTRONIC MAIL:
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(1)
FOR AN ANONYMOUS COMMUNICATION IF IN A MANNER
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REASONABLY TO BE EXPECTED TO ANNOY, ABUSE, TORMENT, HARASS, OR
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EMBARRASS ONE OR MORE PERSONS;
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(2)
FOR REPEATED COMMUNICATIONS, IF WITH INTENT TO ANNOY,
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ABUSE, TORMENT, HARASS, OR EMBARRASS ONE OR MORE PERSONS; OR
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(3)
FOR ANY COMMENT, REQUEST, SUGGESTION, OR PROPOSAL WHICH
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IS OBSCENE, LEWD, LASCIVIOUS, FILTHY, OR INDECENT, IF WITH INTENT TO
ANNOY,
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ABUSE, TORMENT, HARASS, OR EMBARRASS ONE OR MORE PERSONS. FOR
A
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COMMUNICATION MADE WITH INTENT TO HARASS:
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(1)
ONE OR MORE PERSONS; OR
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(2)
BY SENDING LEWD, LASCIVIOUS, OR OBSCENE MATERIAL.
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(C)
(D)
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
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MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $500
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OR TO IMPRISONMENT FOR NOT MORE THAN 3 YEARS 1 YEAR
OR BOTH.
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(E)
IT IS NOT A VIOLATION OF THIS SECTION FOR A PROVIDER OF
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ELECTRONIC MAIL, ITS OFFICERS, EMPLOYEES, AND AGENTS, LANDLORDS,
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CUSTODIANS, OR OTHER PERSONS TO PROVIDE INFORMATION, FACILITIES, OR
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TECHNICAL ASSISTANCE TO PERSONS AUTHORIZED BY FEDERAL OR STATE LAW
TO
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INTERCEPT OR PROVIDE ELECTRONIC MAIL COMMUNICATIONS OR TO CONDUCT
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ELECTRONIC MAIL SURVEILLANCE, IF THE PROVIDER, ITS OFFICERS,
EMPLOYEES,
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OR AGENTS, LANDLORD, CUSTODIAN, OR OTHER SPECIFIED PERSON HAS BEEN
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PROVIDED WITH A COURT ORDER SIGNED BY THE AUTHORIZING JUDGE
DIRECTING
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THE PROVISION OF INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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October 1, 1998.