2017 Maryland Code
Criminal Law
Title 7 - Theft and Related Crimes
Subtitle 3 - Crimes Involving Telecommunications and Electronics
Part III - Telecommunication Service Providers
§ 7-313. Definitions

• ** REVISOR'S NOTE

  This subsection formerly was Art. 27, § 194A(a)(1).

  ** REVISOR'S NOTE

  The reference to this "part" is substituted for the former reference to this "section" to reflect the reorganization of material derived from the former "Fraud -- Telecommunication Service Providers" subheading of Article 27.

  ** REVISOR'S NOTE

  No other changes are made.

• (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.

  ** SPECIAL REVISOR'S NOTE

  As enacted by Ch. 26, Acts of 2002, this subsection formerly was Art. 27, § 194A(a)(3) and (4). However, Ch. 213, Acts of 2002, substituted the term "decryption" for the term "description" enacted by Ch. 26 in paragraph (1)(i)2 of this subsection.

  ** SPECIAL REVISOR'S NOTE

  In the introductory language of paragraphs (1) and (2) of this subsection, the former alternate defined term "assemble" was deleted by Ch. 26 as included in the defined term "manufacture" for clarity.

  ** SPECIAL REVISOR'S NOTE

  In paragraph (1)(i)2 of this subsection, the reference to "technology, software, or a device" was substituted by Ch. 26 for the former reference to "instrument, device, machine, equipment, technology, or software" for consistency and clarity. The terms "instrument", "machine", and "equipment" were deleted by Ch. 26 as included in the term "device".

  ** SPECIAL REVISOR'S NOTE

  Also in paragraph (1)(i)2 of this subsection, the phrase "to defeat or circumvent" was substituted by Ch. 26 for the former phrase "so that it is capable of defeating or circumventing" for brevity.

  ** SPECIAL REVISOR'S NOTE

  Also in paragraph (1)(i)2 of this subsection, the first reference to "service, program, or transmission" was substituted by Ch. 26 for the former reference to "program or transmission" for consistency within this part.

  ** SPECIAL REVISOR'S NOTE

  The only other changes made by Ch. 26 were in style.

• (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.
  ** REVISOR'S NOTE

  This subsection formerly was Art. 27, § 194A(a)(5).

  ** REVISOR'S NOTE

  In item (1) of this subsection, the former phrase "including the receipt, acquisition, transmission, or decryption of those communications, transmissions, signals, or services" is deleted as unnecessary.

  ** REVISOR'S NOTE

  Also in item (1) of this subsection, the first former reference to "any" transmissions is deleted as unnecessary.

  ** REVISOR'S NOTE

  In item (2) of this subsection, the reference to "any type of communication, transmission, signal, or service listed in item (1) of this subsection" is substituted for the former reference to "any of those communications, transmissions, signals, or services" for clarity.

  ** REVISOR'S NOTE

  The only other changes are in style.

• (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.
  ** REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 194A(a)(6).

  ** REVISOR'S NOTE

  In the introductory language to this subsection, the reference to a "fee" is substituted for the former reference to a "charge" for clarity.

  ** REVISOR'S NOTE

  Also in the introductory language to this subsection, the reference to "other" compensation is added for clarity.

  ** REVISOR'S NOTE

  In item (1) of this subsection, the reference to signs, signals, data, writings, images "or" sounds or intelligence is substituted for the former incorrect reference to signs, signals, data, writings, images, "and" sounds or intelligence for clarity.

• (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.
  ** REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 194A(a)(7).

  ** REVISOR'S NOTE

  In paragraph (1)(ii) of this subsection, the term "listed" is substituted for the former term "described" for consistency with this part.

  ** REVISOR'S NOTE

  In paragraph (2) of this subsection, the reference to a "person" is substituted for the former reference to "cellular, paging, or other wireless communications company or other person" for brevity.

  ** DEFINED TERM:

  "Person" § 1-101

  **

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 194A(a)(8).

REVISOR'S NOTE

The phrase "to defeat or circumvent" is substituted for the former phrase "for the purpose of defeating or circumventing" for brevity.

REVISOR'S NOTE

The reference to "technology, software, or a device" is substituted for the former reference to "them" for clarity. **

• (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.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 194A(a)(9).

  REVISOR'S NOTE

  In paragraph (1) of this subsection, the phrase "to facilitate" is substituted for the former phrase "so as to be capable of facilitating" for brevity.

  REVISOR'S NOTE

  In paragraph (2) of this subsection, the reference to "access to or receipt, transmission, disruption, decryption, or acquisition of" is substituted for the former reference to "receipt of, transmission of, disruption of, decryption of, access to, or acquisition of" for clarity.