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Maryland Theft Laws

Maryland Theft Laws

 

§ 7-101. Definitions.

 (a)  In general.- In this part the following words have the meanings indicated. 

(b)  Deception.-  

(1) "Deception" means knowingly to: 

 (i) create or confirm in another a false impression that the offender does not believe to be true; 

 (ii) fail to correct a false impression that the offender previously has created or confirmed; 

(iii) prevent another from acquiring information pertinent to the disposition of the property involved; 

 (iv) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the impediment is of value or a matter of official record; 

 (v) insert or deposit a slug in a vending machine; 

 (vi) remove or alter a label or price tag; 

(vii) promise performance that the offender does not intend to perform or knows will not be performed; or 

 (viii) misrepresent the value of a motor vehicle offered for sale by tampering or interfering with its odometer, or by disconnecting, resetting, or altering its odometer with the intent to change the mileage indicated. 

(2) "Deception" does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual. 

(c)  Deprive.- "Deprive" means to withhold property of another: 

(1) permanently; 

(2) for a period that results in the appropriation of a part of the property's value; 

(3) with the purpose to restore it only on payment of a reward or other compensation; or 

(4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it. 

(d)  Exert control.-  

 (1) "Exert control" includes to take, carry away, appropriate to a person's own use or sell, convey, or transfer title to an interest in or possession of property. 

(2) "Exert control" does not include: 

(i) to trespass on the land of another; or 

 (ii) to occupy the land of another without authorization. 

(e)  Interactive computer service.-  

(1) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server. 

(2) "Interactive computer service" includes a service or system that provides access to the Internet. 

 (f)  Motor vehicle.- "Motor vehicle" has the meaning stated in § 11-135 of the Transportation Article. 

(g)  Obtain.- "Obtain" means: 

 (1) in relation to property, to bring about a transfer of interest in or possession of the property; and 

 (2) in relation to a service, to secure the performance of the service. 

 (h)  Owner.- Except as otherwise expressly provided in this part, "owner" means a person, other than the offender: 

 (1) who has an interest in or possession of property regardless of whether the person's interest or possession is unlawful; and 

(2) without whose consent the offender has no authority to exert control over the property. 

(i)  Property.-  

(1) "Property" means anything of value. 

(2) "Property" includes: 

(i) real estate; 

(ii) money; 

(iii) a commercial instrument; 

(iv) an admission or transportation ticket; 

(v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner; 

(vi) a thing growing on or affixed to, or found on land, or part of or affixed to any building; 

(vii) electricity, gas, and water; 

(viii) a bird, animal, or fish that ordinarily is kept in a state of confinement; 

(ix) food or drink; 

 (x) a sample, culture, microorganism, or specimen; 

 (xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them; 

(xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret: 

 1. scientific, technical, merchandising, production, or management information; or 

 2. designed process, procedure, formula, invention, trade secret, or improvement; 

 (xiii) a financial instrument; and 

 (xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual. 

(j)  Property of another.- "Property of another" means property in which a person other than the offender has an interest that the offender does not have the authority to defeat or impair, even though the offender also may have an interest in the property. 

 (k)  Service.- "Service" includes: 

(1) labor or professional service; 

(2) telecommunication, public utility, toll facility, or transportation service; 

(3) lodging, entertainment, or restaurant service; and 

(4) the use of computers, data processing, or other equipment. 

(l)  Slug.- "Slug" means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine. 

 (m)  Theft.-  

(1) "Theft" means the conduct described in §§ 7-104 through 7-107 of this subtitle. 

(2) "Theft" includes motor vehicle theft, unless otherwise indicated. 

(n)  Vending machine.- "Vending machine" means a device designed to receive a specified payment and in exchange automatically offer, provide, assist in providing, or allow a person to acquire property or service. 

§ 7-102. Rules of construction.

 (a)  Interpretation of part.- Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as: 

(1) larceny; 

 (2) larceny by trick; 

 (3) larceny after trust; 

 (4) embezzlement; 

 (5) false pretenses; 

 (6) shoplifting; and 

 (7) receiving stolen property. 

 (b)  Knowing conduct.-  

 (1) A person acts "knowingly": 

(i) with respect to conduct or a circumstance as described by a statute that defines a crime, when the person is aware of the conduct or that the circumstance exists; 

 (ii) with respect to the result of conduct as described by a statute that defines a crime, when the person is practically certain that the result will be caused by the person's conduct; and 

 (iii) with respect to a person's knowledge of the existence of a particular fact, if that knowledge is an element of a crime, when the person is practically certain of the existence of that fact. 

 (2) The terms "knowing" and "with knowledge" are construed in the same manner. 

 § 7-103. Determination of value.

 (a)  "Value" defined.- In this section, "value" means: 

 (1) the market value of the property or service at the time and place of the crime; or 

 (2) if the market value cannot satisfactorily be ascertained, the cost of the replacement of the property or service within a reasonable time after the crime. 

(b)  In general.- The value of property or service under this part shall be determined in accordance with this section. 

 (c)  Written instrument.-  

 (1) Except as provided in paragraph (2) of this subsection, this subsection applies to a written instrument whether or not the instrument has been issued or delivered. 

(2) This subsection does not apply to a written instrument that has a readily ascertainable market value. 

 (3) (i) For purposes of this part, a written instrument is valued as provided by this paragraph. 

 (ii) The value of an instrument constituting evidence of debt, including a check, draft, or promissory note, is the amount due or collectible on the instrument. That value is ordinarily the face amount of the instrument, less any portion that has been satisfied. 

 (iii) The value of any other instrument that creates, releases, discharges, or otherwise affects a valuable legal right, privilege, or obligation is the amount of economic loss the owner of the instrument might reasonably suffer because of the loss of the instrument. 

 (d)  Trade secret.- The value of a trade secret lacking a readily ascertainable market value is a reasonable value that represents the damage the owner suffered by the loss of an advantage over those who do not know or use the trade secret. 

 (e)  When value cannot be determined.-  

 (1) For the purposes of determining whether a theft violation subject to either § 7-104(g)(1) or (2) of this subtitle has been committed, when it cannot be determined whether the value of the property or service is more or less than $500 under the standards of this section, the value is deemed to be less than $500. 

 (2) For the purposes of determining whether a theft violation subject to either § 7-104(g)(2) or (3) of this subtitle has been committed, when it cannot be determined whether the value of the property or service is more or less than $100 under the standards of this section, the value is deemed to be less than $100. 

 (f)  Course of conduct - Aggregation.- When theft is committed in violation of this part under one scheme or continuing course of conduct, whether from the same or several sources: 

 (1) the conduct may be considered as one crime; and 

 (2) the value of the property or services may be aggregated in determining whether the theft is a felony or a misdemeanor.

§ 7-104. General theft provisions.

 (a)  Unauthorized control over property.- A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person: 

 (1) intends to deprive the owner of the property; 

 (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or 

 (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property. 

(b)  Same - By deception.- A person may not obtain control over property by willfully or knowingly using deception, if the person: 

(1) intends to deprive the owner of the property; 

 (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or 

(3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property. 

(c)  Possessing stolen personal property.-  

(1) A person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person: 

 (i) intends to deprive the owner of the property; 

(ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or 

(iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property. 

(2) In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if: 

(i) the person possesses or exerts control over property stolen from more than one person on separate occasions; 

(ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or 

(iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value. 

(3) In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that: 

(i) the person who stole the property has not been convicted, apprehended, or identified; 

 (ii) the defendant stole or participated in the stealing of the property; or 

 (iii) the stealing of the property did not occur in the State. 

(4) Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice. 

 (d)  Control over property lost, mislaid, or delivered by mistake.- A person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person: 

(1) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner; 

(2) fails to take reasonable measures to restore the property to the owner; and 

(3) intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time. 

 (e)  Services available only for compensation.- A person may not obtain the services of another that are available only for compensation: 

(1) by deception; or 

(2) with knowledge that the services are provided without the consent of the person providing them. 

 (f)  Inference of intention or knowledge.- Under this section, an offender's intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed. 

(g)  Penalty.-  

(1) A person convicted of theft of property or services with a value of $500 or more is guilty of a felony and: 

(i) is subject to imprisonment not exceeding 15 years or a fine not exceeding $25,000 or both; and 

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services. 

(2) Except as provided in paragraphs (3) and (4) of this subsection, a person convicted of theft of property or services with a value of less than $500, is guilty of a misdemeanor and: 

(i) is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both; and 

 (ii) shall restore the property taken to the owner or pay the owner the value of the property or services. 

(3) A person convicted of theft of property or services with a value of less than $100 is guilty of a misdemeanor and: 

(i) is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and 

 (ii) shall restore the property taken to the owner or pay the owner the value of the property or services. 

(4) Subject to paragraph (5) of this subsection, a person who has two or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $500 under paragraph (2) of this subsection is guilty of a misdemeanor and: 

(i) is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and 

(ii) shall restore the property taken to the owner or pay the owner the value of the property or services. 

(5) The court may not impose the penalties under paragraph (4) of this subsection unless the State's Attorney serves notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that: 

(i) the State will seek the penalties under paragraph (4) of this subsection; and 

(ii) lists the alleged prior convictions. 

 (h)  Failure to pay for motor fuel after dispensing.-  

(1) If a person is convicted of a violation under this section for failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall: 

 (i) notify the person that the person's driver's license may be suspended under § 16-206.1 of the Transportation Article; and 

(ii) notify the Motor Vehicle Administration of the violation. 

 (2) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this subsection. 

 (i)  Statute of limitations.- An action or prosecution for a violation of paragraph (2) or (3) of this subsection shall be commenced within 2 years after the commission of the crime. 

 (j)  Jurisdiction and venue.- A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated. 

Identity Theft      
State State Code Statute Title Statute, penalties and restitution

Maryland

Criminal Law §8-301 to §8-305

Identity fraud







Intent to manufacture, distribute or dispense identities
Assuming identity of another/Representation without authorization
Restitution










Identity theft passport

Misdemeanor where the benefit, credit, good, service, or other thing of value has a value of less than $500; punishable by imprisonment not to exceed 18 months or a fine not exceeding $5,000, or both
Felony where the benefit, credit, good, service, or other thing of value has a value of $500 or greater; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both
Felony; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both
Misdemeanor; and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both
In addition to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article, a court may order a person who pleads guilty or nolo contendere or who is found guilty under this section to make restitution to the victim for reasonable costs, including reasonable attorney's fees, incurred: (1) for clearing the victim's credit history or credit rating; and (2) in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim that arose because of the violation.

 

 

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Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender SolutionsT shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!



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