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A Maryland defendant in 2026 defrauded 4 separate residential transactions. Are the separate residential transactions separate offenses for merger purposes?

Correct Answer

C) Each transaction is a separate offense that does not merge

Each residential real property transaction subject to a violation of the subtitle constitutes a separate offense and shall not merge with any other crimes set forth in the Criminal Law Article. Other choices: a single scheme does not collapse the counts; non-merger is stated expressly; and no limit on the number charged appears. Source: Md. Real Prop. § 7-407(e)

Answer Options
A
The counts merge into one offense, since the transactions formed a single scheme carried out with one intent over one period
B
The counts merge with any related crime in the Criminal Law Article
C
Each transaction is a separate offense that does not merge
D
Only the 2 largest transactions may be charged separately

Why This Is the Correct Answer

Each residential real property transaction subject to a violation of the subtitle constitutes a separate offense and shall not merge with any other crimes set forth in the Criminal Law Article. Other choices: a single scheme does not collapse the counts; non-merger is stated expressly; and no limit on the number charged appears. Source: Md. Real Prop. § 7-407(e)

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