2013 Maryland Code
BUSINESS REGULATION
§ 5-712 - Prohibited act [Effective until July 1, 2013].

§5-712.

(a) A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract.

(b) (1) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

(2) If a corporation violates this section, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

§ 5-712 - Prohibited acts; penalties [Effective July 1, 2013].

(a) Failure to deposit money. -- A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract.

(b) Penalty. --

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

(i) for a first violation, a fine not exceeding $ 10,000 or imprisonment not exceeding 1 year or both;

(ii) for a second violation, a fine not exceeding $ 15,000 or imprisonment not exceeding 2 years or both; and

(iii) for a third or subsequent violation, a fine not exceeding $ 20,000 or imprisonment not exceeding 3 years or both.

(2) Except as otherwise provided in subsection (c) of this section, if a corporation violates this section, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:

(i) for a first violation, a fine not exceeding $ 10,000 or imprisonment not exceeding 1 year or both;

(ii) for a second violation, a fine not exceeding $ 15,000 or imprisonment not exceeding 2 years or both; and

(iii) for a third or subsequent violation, a fine not exceeding $ 20,000 or imprisonment not exceeding 3 years or both.

(c) Misappropriation or conversion of trust funds prohibited; penalty. -- A person who willfully misappropriates or intentionally and fraudulently converts preneed trust funds in excess of $ 100 to that person's own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $ 25,000 or imprisonment not exceeding 10 years or both.