In this part the following words have the meanings indicated. “Deception” means knowingly to: create or confirm in another a false impression that the offender does not believe to be true; fail to correct a false impression that the offender previously has created or confirmed; prevent another from acquiring information pertinent to the disposition of the property involved; 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; insert or deposit a slug in a vending machine; remove or alter a label or price tag; promise performance that the offender does not intend to perform or knows will not be performed; or 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. “Deception” does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual. “Deprive” means to withhold property of another: permanently; for a period that results in the appropriation of a part of the property’s value; with the purpose to restore it only on payment of a reward or other compensation; or 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. “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. “Exert control” does not include: to trespass on the land of another; or to occupy the land of another without authorization. “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. “Interactive computer service” includes a service or system that provides access to the Internet. “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article. “Obtain” means: in relation to property, to bring about a transfer of interest in or possession of the property; and in relation to a service, to secure the performance of the service. Except as otherwise expressly provided in this part, “owner” means a person, other than the offender: who has an interest in or possession of property regardless of whether the person’s interest or possession is unlawful; and without whose consent the offender has no authority to exert control over the property. “Property” means anything of value. “Property” includes: real estate; money; a commercial instrument; an admission or transportation ticket; a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner; a thing growing on or affixed to, or found on land, or part of or affixed to any building; electricity, gas, and water; a bird, animal, or fish that ordinarily is kept in a state of confinement; food or drink; a sample, culture, microorganism, or specimen; a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them; 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: scientific, technical, merchandising, production, or management information; or designed process, procedure, formula, invention, trade secret, or improvement; a financial instrument; and information, electronically produced data, and a computer software or program in a form readable by machine or individual. “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. “Service” includes: labor or professional service; telecommunication, public utility, toll facility, or transportation service; lodging, entertainment, or restaurant service; and the use of computers, data processing, or other equipment. “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. “Theft” means the conduct described in §§ 7-104 through 7-107 of this subtitle. “Theft” includes motor vehicle theft, unless otherwise indicated. “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.

Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as: larceny; larceny by trick; larceny after trust; embezzlement; false pretenses; shoplifting; and receiving stolen property. A person acts “knowingly”: 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; 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 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. The terms “knowing” and “with knowledge” are construed in the same manner.

In this section, “value” means: the market value of the property or service at the time and place of the crime; or 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. Except as provided in § 7–104.1 of this subtitle, the value of property or service under this part shall be determined in accordance with this section. 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. This subsection does not apply to a written instrument that has a readily ascertainable market value. For purposes of this part, a written instrument is valued as provided by this paragraph. 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. 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. 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. 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 $1,500 under the standards of this section, the value is deemed to be less than $1,500. 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. When theft is committed in violation of this part under one scheme or continuing course of conduct, whether from the same or several sources: the conduct may be considered as one crime; and the value of the property or services may be aggregated in determining whether the theft is a felony or a misdemeanor. Multiple thefts committed by the same person in multiple counties under one scheme or continuing course of conduct may be joined and prosecuted in any county in which any one of the thefts occurred. The value of a chip designated for use in a table game authorized under Title 9, Subtitle 1A of the State Government Article is: the face value depicted on the chip; or if no face value is depicted on the chip, the value designated by the Maryland Lottery and Gaming Control Commission based on the color of the chip. In this subsection the following words have the meanings indicated. “Closed–loop gift card” has the meaning stated in § 14–4901 of the Commercial Law Article. “Gift card” means an open–loop gift card or a closed–loop gift card. “Gift card” does not include: a credit card; an electronic funds transfer; or money, a check, a draft, or any other similar paper instrument. “Open–loop gift card” has the meaning stated in § 14–4901 of the Commercial Law Article. The value of a gift card is the greatest of: the highest value listed on the gift card or its packaging; or $100, if no value is listed on the gift card or its packaging; or the amount of loss incurred by any person involving the use of the gift card.

A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person: intends to deprive the owner of the property; willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property. A person may not obtain control over property by willfully or knowingly using deception, if the person: intends to deprive the owner of the property; willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property. 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: intends to deprive the owner of the property; willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property. In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if: the person possesses or exerts control over property stolen from more than one person on separate occasions; during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or 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. In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that: the person who stole the property has not been convicted, apprehended, or identified; the defendant stole or participated in the stealing of the property; the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or the stealing of the property did not occur in the State. 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. 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: knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner; fails to take reasonable measures to restore the property to the owner; and 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. A person may not obtain the services of another that are available only for compensation: by deception; or with knowledge that the services are provided without the consent of the person providing them. 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. A person convicted of theft of property or services with a value of: at least $1,500 but less than $25,000 is guilty of a felony and: is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services; at least $25,000 but less than $100,000 is guilty of a felony and: is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services; or $100,000 or more is guilty of a felony and: is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services. Except as provided in paragraph (3) of this subsection, a person convicted of theft of property or services with a value of at least $100 but less than $1,500, is guilty of a misdemeanor and: is subject to: for a first conviction, imprisonment not exceeding 6 months or a fine not exceeding $500 or both; and for a second or subsequent conviction, imprisonment not exceeding 1 year or a fine not exceeding $500 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services. A person convicted of theft of property or services with a value of less than $100 is guilty of a misdemeanor and: is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services. Subject to paragraph (5) of this subsection, a person who has four or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $1,500 under paragraph (2) of this subsection is guilty of a misdemeanor and: is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services. 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: the State will seek the penalties under paragraph (4) of this subsection; and lists the alleged prior convictions. 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: notify the person that the person’s driver’s license may be suspended under § 16–206.1 of the Transportation Article; and notify the Motor Vehicle Administration of the violation. 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. An action or prosecution for a violation of subsection (g)(2) or (3) of this section shall be commenced within 2 years after the commission of the crime. 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.

In this section the following words have the meanings indicated. “Organized retail theft” means the commission, either alone or in concert with one or more other persons, of a series of thefts of retail merchandise from one or more retail merchants over a 90–day period with the intent to: permanently deprive the merchant of the merchandise; return the merchandise to the merchant for monetary or other gain; or resell, trade, or barter the merchandise for monetary or other gain. “Value” has the meaning stated in § 7–103 of this subtitle. “Value” includes the market value of any property damaged in furtherance of the crime and any costs to repair, replace, or restock any damaged or stolen property. A person may not commit organized retail theft of property with an aggregate value exceeding $1,500. A person who violates subsection (b) of this section with a value of: at least $1,500 but less than $25,000 is guilty of a felony and: is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services; at least $25,000 but less than $100,000 is guilty of a felony and: is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services; or $100,000 or more is guilty of a felony and: is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services. This section does not preclude prosecution for theft under § 7–104 of this subtitle. If a person is convicted under § 7–104 of this subtitle and this section for the same acts or transactions, the conviction under this section shall merge for sentencing purposes into the conviction under § 7–104 of this subtitle. If a defendant is convicted of or receives a probation before judgment disposition for theft under § 7–104 of this subtitle, burglary under § 6–203 or § 6–205 of this article, robbery under § 3–402 or § 3–403 of this article, or use of a firearm in the commission of a crime of violence or a felony under § 4–204 of this article, on request of the State’s Attorney the court shall make a finding of fact based on evidence produced at trial as to whether the crime is organized retail theft. The State has the burden of proving by a preponderance of the evidence that the crime is organized retail theft. If the court finds that the crime is organized retail theft under paragraph (1) of this subsection, that finding shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository under § 10–215 of the Criminal Procedure Article.

In this section, “owner” means a person who has a lawful interest in or is in lawful possession of a motor vehicle by consent or chain of consent of the title owner. A person may not knowingly and willfully take a motor vehicle out of the owner’s lawful custody, control, or use without the owner’s consent. A person who violates this section: is guilty of the felony of taking a motor vehicle and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and shall restore the motor vehicle or, if unable to restore the motor vehicle, pay to the owner the full value of the motor vehicle. This section does not preclude prosecution for theft of a motor vehicle under § 7-104 of this part. If a person is convicted under § 7-104 of this part and this section for the same act or transaction, the conviction under this section shall merge for sentencing purposes into the conviction under § 7-104 of this part.

Subject to subsection (c) of this section, in a criminal case or juvenile proceeding involving theft of a motor vehicle under § 7-104 or § 7-105 of this subtitle, an affidavit sworn to in open court by the lawful owner of the motor vehicle may be introduced thereafter as substantive evidence that the motor vehicle was taken from the lawful owner and operated, used, or possessed without the lawful owner’s authorization. The affidavit shall: be given under oath subject to the penalty of perjury; and be attached to a copy of the certificate of title of the motor vehicle. At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to: rely on the affidavit; and introduce the affidavit into evidence at the proceeding. On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

In this section, “newspaper” means a periodical that is distributed on a complimentary or compensatory basis. A person may not knowingly or willfully obtain or exert control that is unauthorized over newspapers with the intent to prevent another from reading the newspapers. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person: makes a false representation that there are sufficient funds in the drawee bank to cover the check; and commits deception as provided under § 7-104(b) or (e) of this part. If a person is prosecuted for theft under this section, the presumptions of § 8-104 of this article apply to the same extent as if the person were prosecuted under § 7-104 of this part.

An indictment, information, warrant, or other charging document for theft under this part, other than for taking a motor vehicle under § 7–105 of this part, is sufficient if it substantially states: “(name of defendant) on (date) in (county) stole (property or services stolen) of (name of victim), having a value of (less than $1,500, at least $1,500 but less than $25,000, at least $25,000 but less than $100,000, or $100,000 or more) in violation of § 7–104 of the Criminal Law Article, against the peace, government, and dignity of the State.”. An indictment, information, warrant, or other charging document for theft under this part for taking a motor vehicle under § 7–105 of this part is sufficient if it substantially states: “(name of defendant) on (date) in (county) knowingly and willfully took a motor vehicle out of (name of victim)’s lawful custody, control, or use, without the consent of (name of victim), in violation of § 7–105 of the Criminal Law Article, against the peace, government, and dignity of the State.”. In a case in the circuit court in which the general form of indictment or information is used to charge a defendant with a crime under this part, the defendant, on timely demand, is entitled to a bill of particulars. Unless specifically charged by the State, theft of property or services with a value of less than $100 as provided under § 7–104(g)(3) of this subtitle may not be considered a lesser included crime of any other crime.

Subject to subsection (b) of this section, a charge of theft may be proved by evidence that the theft was committed in a manner that is theft under this part, even if a different manner is specified in the information, indictment, warrant, or other charging document. A court may grant a continuance or other appropriate relief: to ensure a fair trial; and if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

It is not a defense to the crime of theft that the defendant has an interest in the property that was the subject of the theft if another also has an interest in or right to possess the property that the defendant is not entitled to infringe. In determining the right of possession: a joint or common owner of the property does not have a right of possession of the property that is superior to the right of any other joint or common owner of the property; and in the absence of a contrary agreement, a person in lawful possession of the property has a right of possession superior to the right of possession of a person who has only a security interest in the property, even if legal title to the property lies with the holder of the security interest under a conditional sale contract or other security agreement. It is not a defense to the crime of theft that the property was taken, obtained, or withheld from a person who had obtained the property by illegal means. It is not a defense to the crime of theft of property or services with a value of less than $100 as provided under § 7-104(g)(3) of this subtitle that the value of the property or services at issue is $100 or more. It is a defense to the crime of theft that: the defendant acted under a good faith claim of right to the property involved; the defendant acted in the honest belief that the defendant had the right to obtain or exert control over the property as the defendant did; the property involved was that of the defendant’s spouse, unless the defendant and the defendant’s spouse were not living together as husband and wife and were living in separate residences at the time of the alleged theft; or in a case of theft of a trade secret, the defendant rightfully knew the trade secret, or the trade secret was available to the defendant from a source other than the owner. Any common law and evidentiary presumption applicable on July 1, 1979 to the crimes consolidated under this part also apply to the crime of theft, unless the presumption: is repealed or modified under this part; or is modified by a court decision rendered after July 1, 1979.

A fiduciary may not: fraudulently and willfully appropriate money or a thing of value that the fiduciary holds in a fiduciary capacity contrary to the requirements of the fiduciary’s trust responsibility; or secrete money or a thing of value that the fiduciary holds in a fiduciary capacity with a fraudulent intent to use the money or thing of value contrary to the requirements of the fiduciary’s trust responsibility. A person who violates this section is guilty of the misdemeanor of embezzlement and on conviction is subject to imprisonment for not less than 1 year and not exceeding 5 years. A person who violates this section is subject to § 5-106(b) of the Courts Article.

In this section, “revenue officer” means an officer with the duty to collect revenue due to the State, a county, or other governmental entity. “Revenue officer” includes: a clerk; a notary public; a register of wills; a sheriff; and a tax collector. A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than: 60 days after the date specified by law for the revenue officer to make payment; or 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment. A revenue officer who violates this section is guilty of the misdemeanor of defalcation. On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section: for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and is subject to any other penalty provided by law. A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article. In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.

While a contract of pledge or hypothecation is in effect, a person may not, without the consent of the pledgor, repledge or rehypothecate a security, the title to which passes by delivery or endorsement received or held by the person as guaranty for money lent or advanced to the owner or holder of the security. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not less than $500 and not exceeding $5,000 or both. A person who violates this section is subject to § 5-106(b) of the Courts Article.

This section applies to a person who is entrusted with money as an advance against grain or other merchandise: that is purchased and stored in an elevator; and for which a certificate or receipt has been delivered to an official of the elevator storage facility or to the party with whom the grain or other merchandise is stored for shipment and transport to the purchaser. A person may not, for the person’s own benefit and in bad faith, fail to deliver to the party who entrusted the person with money under the circumstances described in subsection (a) of this section as soon as the shipment of grain or other merchandise is completed and the bill of lading is delivered to the purchaser: the draft or bill of exchange and other document required for shipment of the cargo of grain or other merchandise; and any policy of insurance on the grain or other merchandise. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years or a fine not less than $500 and not exceeding $5,000 or both. A person who violates this section is subject to § 5-106(b) of the Courts Article.