Maryland 2026 Regular Session

Maryland House Bill HB0765

Caption

Criminal Law - Counterfeiting and Possession of Counterfeit Lease of Real Property - Penalty

Summary

HB0765 expands Maryland’s counterfeiting law to specifically cover counterfeit leases of real property and counterfeit rental agreements relating to real property. Under the bill, a person acting with intent to defraud may not create, cause to be created, or assist in creating these fake housing documents, and may not knowingly possess them with fraudulent intent. The measure amends Criminal Law § 8-601, which already prohibits counterfeiting of documents such as deeds, checks, promissory notes, powers of attorney, and wills, by adding these rental-related instruments to the list of protected documents. The bill also preserves the existing penalty structure: counterfeiting under subsection (a) remains a felony punishable by up to 10 years’ imprisonment, a fine of up to $1,000, or both, while possession of a counterfeit listed document under subsection (b) remains a misdemeanor punishable by up to 3 years’ imprisonment, a fine of up to $1,000, or both. It further clarifies venue, allowing prosecution in any county where an element of the crime occurred, where the counterfeit instrument was recorded or filed, where the victim resides, or where a business victim conducts business. The act takes effect October 1, 2026. The bill’s impact is to strengthen criminal enforcement against housing-related document fraud, especially schemes involving fake leases or rental agreements used to mislead landlords, tenants, or property owners. It broadens the scope of Maryland’s anti-counterfeiting statute without changing the general punishment framework, and it may be used by prosecutors to address fraudulent rental scams and related real-property fraud more directly. The available legislative history shows no recorded committee transcript or vote breakdown, but the bill advanced in the House with a favorable committee report and adopted amendments, suggesting general support. The title and substance indicate a practical consumer- and property-protection measure, and there is no evidence in the provided materials of significant opposition. Any likely concern would center on how broadly the new offenses could be applied in rental disputes or document-authentication cases, but no specific objections are documented here.

Impact

HB0765 amends Maryland Criminal Law § 8-601 to add “lease of real property” and “rental agreement relating to real property” to the list of documents that may not be counterfeited or knowingly possessed with fraudulent intent. This expands the statute’s reach to housing-related fraud while leaving the existing felony and misdemeanor penalty structure unchanged. It also broadens venue options for prosecution in cases involving counterfeit real-property documents, including where the victim resides or does business.

Sentiment

The bill appears to have been received positively in the House, where it received a favorable committee report with amendments and was adopted. With no committee transcript or recorded votes provided, there is no evidence of organized opposition in the materials supplied. Overall, the measure reads as a targeted anti-fraud and property-protection bill with likely broad bipartisan appeal.

Contention

No specific points of contention are documented in the provided record. The main policy issue implied by the bill is whether adding leases and rental agreements to the counterfeiting statute could sweep in disputes that are more civil than criminal, but the bill’s requirement of intent to defraud and fraudulent possession limits that concern. The venue expansion could also be notable to defense counsel because it gives prosecutors multiple filing options, but no explicit opposition is shown.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.