Sec. 29.05.01.15. Unauthorized Use

A. An individual who, by virtue of employment or official position, has possession of or access to individual identifiable DNA information contained in the Statewide DNA Data Base System or Statewide DNA repository and who willfully discloses that information in any manner to a person or agency not entitled to receive that information is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

B. A person who, without authorization, willfully obtains individually identifiable DNA information from the Statewide DNA Data Base System or repository is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

C. An individual who willfully tests an arrestee or convicted offender DNA sample for information that does not relate to the identification of individuals as specified by Public Safety Article, §2-501 et seq., Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

D. An individual who willfully fails to destroy an arrestee or convicted offender DNA sample under the following circumstances is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both:

(1) When notification has been sent stating that the DNA sample obtained pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland, has been destroyed; or

(2) Destruction has been court ordered.