Home Table of Contents

§ 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 June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document