MARYLAND

ARTICLE 27. CRIMES AND PUNISHMENTS CRIMES AND PUNISHMENTS CREDIT CARD OFFENSES

146. Unauthorized access to computers prohibited

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



             (1)   (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 any property, data storage facility, or communications

                       facility that is directly related to or operated in conjunction with that device or system.



                 (iii)"Computer" does not include an automated typewriter or typesetter, or a

                       portable calculator.

             (2)"Computer control language" means any ordered statements that direct a computer to

                 perform specific functions.



             (3)"Computer data base" means a representation of information, knowledge, facts,

                 concepts, or instructions that:



                   (i) Are being prepared or have been prepared in a formalized manner or are or

                       have been produced by a computer, computer system, or computer network; and



                  (ii) Are intended for use in a computer, computer system, or computer network.



             (4)"Computer network" means the interconnection of 1 or more computers through:



                   (i) The use of satellite, microwave, line, or other communication media; and



                  (ii) Terminals or a complex consisting of 2 or more interconnected computers

                       whether or not the interconnection is continuously maintained.



             (5)"Computer program" means an ordered set of instructions or statements that may

                 interact with related data that, when executed in a computer system, causes the computer to perform

                 specified functions.                                                                            



             (6)"Computer services" includes, but is not limited to, computer time, data processing, and

                 storage functions.



             (7)"Computer software" means computer programs, instructions, procedures, or associated

                 documentation that is concerned with the operation of a computer system.



             (8)"Computer system" means 1 or more connected or unconnected computers, peripheral

                 devices, software, data, or programs.



             (9)"Access" means to instruct, communicate with, store data in, retrieve data from, or

                 otherwise make use of equipment including, but not limited to, computers and other data processing

                 equipment or resources connected therewith.



      (b) Other applicable Code provisions. -- This section does not preclude the applicability of any other

          provision of this Code.



      (c) Illegal access. --



             (1) A person may not intentionally, willfully, and without authorization access, attempt to

                 access, or cause access to a computer, computer network, computer software, computer control language,

                 computer system, computer services, computer data base, or any part of these systems or services.



             (2) A person may not intentionally, willfully, and without authorization access, attempt to

                 access, or cause access to a computer, computer network, computer software, computer control language,

                 computer system, computer services, computer data base, or any part of these systems or services to:



                   (i) Cause the malfunction or interrupt the operation of a computer, computer

                       network, computer software, computer control language, computer system, computer services, computer

                       data base, or any part of these systems or services; or



                  (ii) Alter, damage, or destroy data or a computer program stored, maintained, or

                       produced by a computer, computer network, computer system, computer services, computer data base, or

                       any part of these systems or services.



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



                   (i) Identify or attempt to identify any valid access codes; or



                  (ii) Distribute or publicize any valid access codes to any unauthorized person.



      (d) Penalty. --



             (1) Any person who violates any provision of subsection (c) (1) of this section is guilty of

                 a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding

                 3 years or both.



             (2) Any person who violates any provision of subsection (c) (2) or (c) (3) of this section is

                 guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not

                 exceeding 5 years or both.                                                                      



      (e) Scope of offenses; jurisdiction. --



             (1) When illegal access to a computer, computer network, computer control language,

                 computer system, computer services, computer software, computer data base, or any part of these systems

                 or services is committed in violation of this section pursuant to 1 scheme or continuing course of conduct,

                 the conduct may be considered as 1 offense.



             (2) A court of competent jurisdiction in this State may try a person who allegedly violates

                 any provision of subsection (c) of this section in any county in this State where:



                   (i) The person performs the act; or



                  (ii) The accessed computer is located.

COUNTERFEITING AND FORGERY

45A. False entry in public record; altering, defacing, destroying, removing or concealing public record; accessing public records

             (a) For the purposes of this section, the following words have the meanings indicated.



                   (1)"Public record" includes all official books, papers, or records whether kept on

                       a manual or automated basis, which are created, received, or used by the State or any agency thereof, a

                       bicounty or a multicounty agency, any county, municipality, or other political subdivision.



                   (2)"Access" means to instruct, communicate with, store data in, retrieve data from,

                       or otherwise make use of equipment including, but not limited to, computers and other data processing

                       equipment or resources connected therewith.



             (b) It is unlawful for a person to do or attempt to do the following:



                   (1) Wilfully make a false entry in any public records;



                   (2) Except under proper authority, wilfully alter, deface, destroy, remove, or

                       conceal any public record; or



                   (3) Except under proper authority, wilfully and intentionally access public records.



             (c) Any person who violates this section is guilty of a misdemeanor and may be imprisoned

                 up to 3 years or fined up to $1,000, or both.