HB765 expands Maryland’s criminal counterfeiting law to specifically include counterfeit leases of real property and counterfeit rental agreements relating to real property. Under current law, the statute already prohibits counterfeiting a range of financial and property-related instruments such as deeds, checks, promissory notes, powers of attorney, and motor vehicle titles. This bill adds residential and commercial rental documents to that list, making it a crime to create, assist in creating, or possess such counterfeit documents with intent to defraud.
The bill also preserves and applies the existing penalty structure for counterfeiting offenses. A person who counterfeits one of the listed instruments commits a felony punishable by up to 10 years’ imprisonment, a fine of up to $1,000, or both. A person who knowingly possesses a counterfeit of one of the listed items with fraudulent intent commits a misdemeanor punishable by up to 3 years’ imprisonment, a fine of up to $1,000, or both. The bill further clarifies venue rules, allowing prosecution in any county where an element of the crime occurred, where the counterfeit instrument is recorded or filed, where the victim resides, or where a business victim conducts business.
The bill’s impact is to broaden the scope of Maryland criminal law to address fraud involving fake lease and rental documents, which can be used in housing scams, unlawful occupancy schemes, or other real-estate-related fraud. It directly affects individuals who create, distribute, or possess counterfeit rental paperwork, as well as landlords, tenants, property owners, and law enforcement investigating housing fraud. It also gives prosecutors more flexibility in choosing the county in which to bring charges.
The available voting history suggests the bill was broadly supported, passing third reading in the House by a vote of 120-1. There were no committee transcript excerpts provided, so there is no recorded floor or committee debate to indicate substantial opposition. The near-unanimous vote suggests general agreement that the bill addresses a practical fraud problem and closes a gap in existing counterfeiting law.
The main point of contention, to the extent one existed, would likely be the expansion of criminal liability to possession of counterfeit rental documents and the associated felony/misdemeanor penalties, though the record provided does not show specific objections. The bill appears aimed at deterring housing-related fraud while aligning lease and rental agreements with other protected instruments already covered by the counterfeiting statute.
HB765 amends Criminal Law § 8-601 to add “lease of real property” and “rental agreement relating to real property” to the list of instruments covered by Maryland’s counterfeiting statute. It also extends the possession offense to counterfeit versions of those documents and leaves the existing penalty structure in place. In addition, it confirms venue options for prosecution in counties tied to the offense, the filing of the counterfeit document, or the victim’s residence or business location.
The bill appears to have been received positively and with little visible opposition. It passed the House on third reading by a wide margin, 120-1, indicating strong bipartisan support or at least broad consensus that the measure addresses a legitimate fraud concern. No committee discussion was provided, but the vote history suggests the bill was viewed as a targeted criminal-law update rather than a controversial expansion.
No specific committee or floor objections are included in the record, so there is no documented substantive dispute over the bill. The only likely area of concern is the expansion of criminal penalties to counterfeit lease and rental documents, including possession offenses, which could raise questions about overcriminalization or prosecutorial reach. However, the overwhelming vote suggests any such concerns were limited or not persuasive to most legislators.