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Can you summarize MDCM Crim. Law Section 8-801?
Short Summary
This section of the Code of Maryland, Criminal Law, Title 8, SubTitle 8 governs the obtaining of property by deception, intimidation, or undue influence from vulnerable adults or individuals at least 68 years old. It applies to individuals who knowingly and willfully obtain property from such individuals with the intent to deprive them of their property. The section defines key terms such as ‘deception,’ ‘deprive,’ ‘obtain,’ ‘property,’ ‘undue influence,’ ‘value,’ and ‘vulnerable adult.’ The penalties for violations vary based on the value of the property obtained. There are no specific exemptions mentioned in this section. Additionally, the section disqualifies convicted individuals from inheriting or benefiting from the estate, insurance proceeds, or property of the victim if they fail to fully restore the property taken or its value. It also clarifies that individuals who make a good faith effort to assist the victim in managing or transferring their property at the victim’s request are not subject to criminal liability.
Whom does it apply to?
Individuals who knowingly and willfully obtain property from vulnerable adults or individuals at least 68 years old with intent to deprive them of their property
What does it govern?
Obtaining property by deception, intimidation, or undue influence from vulnerable adults or individuals at least 68 years old
What are exemptions?
The section does not impose criminal liability on individuals who make a good faith effort to assist the victim in managing or transferring their property at the request of the victim, the victim's family, or the court-appointed guardian.
What are the Penalties?
For property value between $1,500 and $25,000: imprisonment up to 5 years, fine up to $10,000, or both. For property value between $25,000 and $100,000: imprisonment up to 10 years, fine up to $15,000, or both. For property value $100,000 or more: imprisonment up to 20 years, fine up to $25,000, or both. For property value less than $1,500: imprisonment up to 1 year, fine up to $500, or both.
Jurisdiction
Maryland