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§ 8-404. Pyramid promotional schemes

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 8. Fraud and Related Crimes
Subtitle 4. Other Commercial Fraud
MD Code, Criminal Law, § 8-404
Formerly cited as MD CODE Art. 27, § 233D
§ 8-404. Pyramid promotional schemes
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Compensation” includes payment based on a sale or distribution made to a person who:
(i) is a participant in a plan or operation; or
(ii) on making a payment, is entitled to become a participant.
(3) “Consideration” does not include:
(i) payment for purchase of goods or services furnished at cost for use in making sales to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme;
(ii) time or effort spent in pursuit of sales or recruiting activities; or
(iii) the right to receive a discount or rebate based on the purchase or acquisition of goods or services by a bona fide cooperative buying group or association.
(4) “Promote” means to induce one or more persons to become a participant.
(5) “Pyramid promotional scheme” means a plan or operation by which a participant gives consideration for the opportunity to receive compensation to be derived primarily from any person's introduction of others into participation in the plan or operation rather than from the sale of goods, services, or other intangible property by the participant or others introduced into the plan or operation.
Prohibited
(b) A person may not establish, operate, advertise, or promote a pyramid promotional scheme.
Prohibited defenses
(c) It is not a defense to a prosecution under this section that:
(1) the plan or operation limits the number of persons who may participate or limits the eligibility of participants; or
(2) on payment of anything of value by a participant, the participant obtains any other property in addition to the right to receive compensation.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 233D.
MD Code, Criminal Law, § 8-404, MD CRIM LAW § 8-404
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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