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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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CRIMINAL LAW |
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TITLE 8. FRAUD AND RELATED CRIMES |
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SUBTITLE 2. CREDIT CARD CRIMES |
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PART II. CREDIT CARD NUMBER PROTECTION |
§ 8-213. Definitions
Latest version.
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(a) In general. -- In this part the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection formerly was CL § 14-1401(a).
** REVISOR'S NOTE
The only changes are in style.
(b) Authorized use, disclosure, or receipt. -- "Authorized use, disclosure, or receipt" means any use, disclosure, or receipt necessary to accomplish the specific purpose for which the person issued a credit card number or payment device number, or granted to another the right to use, disclose, or receive the credit card number or other payment device number.
** REVISOR'S NOTE
This subsection formerly was CL § 14-1401(b).
** REVISOR'S NOTE
The conjunction "or" is added between the term "payment device number" and the phrase "granted to another" for clarity.
** REVISOR'S NOTE
No other changes are made.
** DEFINED TERMS:
"Credit card" § 8-201
** DEFINED TERMS:
"Person" § 1-101
**
(c) Holder. -- "Holder" means a person who: **
(1) has been issued a credit card number or other payment device number; or **
(2) is authorized by the person who has been issued a credit card number or other payment device number to use, disclose, or receive that credit card number or payment device number.
REVISOR'S NOTE
This subsection formerly was CL § 14-1401(d).
REVISOR'S NOTE
The only changes are in style.
"Credit card" § 8-201
"Person" § 1-101
**
(d) Holder's signature. -- **
(1) "Holder's signature" means the signature of a holder in connection with a credit application or credit card transaction. **
(2) "Holder's signature" includes an electronically recorded signature.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former CL § 14-1401(e).
DEFINED TERM:
"Credit card" § 8-201
**
(e) Payment device number. -- "Payment device number" means a code, account number, or other means of account access, other than a check, draft, or similar paper instrument, that can be used to obtain money, goods, services, or anything of value, or for purposes of initiating a transfer of funds.
REVISOR'S NOTE
This subsection formerly was the first sentence of CL § 14-1401(c).
REVISOR'S NOTE
The only changes are in style.
REVISOR'S NOTE
The Criminal Law Article Review Committee notes, for the consideration of the General Assembly, that the definition of "payment device number" in this subsection differs from the definition of the same term in former Art. 27, § 145(a)(5), in that the latter definition excluded an "encoded or truncated credit card number or payment device number". The distinction is that this part, derived from former CL § 14-1401 through 14-1405, prohibits certain disclosures and activities relating to information about credit card and similar accounts, whereas § 8-203 through 8-209 of this subtitle, derived from former Art. 27, § 145, prohibit certain uses of credit cards and similar account access devices. Former § 145(a)(5) is incorporated into the term "credit card" defined in § 8-201 of this subtitle. See Revisor's Note to § 8-201(c) of this subtitle. **
(f) Person. -- **
(1) "Person" has the meaning stated in § 1-101 of this article. **
(2) "Person" includes a business trust, statutory trust, estate, trust, and two or more persons having a joint or common interest.
REVISOR'S NOTE
Paragraph (1) of this subsection is new language substituted for the former reference to an "individual, corporation,... partnership, association,... or any other legal or commercial entity" in former CL § 14-1401(f) for clarity.
REVISOR'S NOTE
Paragraph (2) of this subsection is revised to incorporate the remainder of former CL § 14-1401(f) to the extent not covered by the term "person" defined in § 1-101 of this article.
"Person" § 1-101