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§ 7-108. Charging documents

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 7. Theft and Related Crimes
Subtitle 1. Crimes Involving Theft
Part I. Theft
Effective: October 1, 2017
MD Code, Criminal Law, § 7-108
Formerly cited as MD CODE Art. 27, § 344
§ 7-108. Charging documents
Theft other than taking a motor vehicle
(a) 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.”.
Taking a motor vehicle
(b) 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.”.
Bill of particulars
(c) 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.
Lesser included crimes
(d) 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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 130, § 1, eff. Oct. 1, 2004; Acts 2009, c. 655, § 1, eff. Oct. 1, 2009; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.
Formerly Art. 27, § 344.
MD Code, Criminal Law, § 7-108, MD CRIM LAW § 7-108
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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