2470                                            LAWS OF MARYLAND                                    Ch. 849

WITHOUT THE CONSENT OF THE PERSON PROVIDING THEM.

(F) (1) A PERSON CONVICTED OF THEFT WHERE THE
PROPERTY OF SERVICES THAT WAS THE SUBJECT OF THE THEFT HAS A
VALUE OF $300 OR GREATER IS GUILTY OF A FELONY AND SHALL
RESTORE THE PROPERTY TAKEN TO THE OWNER OR PAY HIM THE VALUE
OF THE PROPERTY OR SERVICES, AND BE FINED NOT MORE THAN
$1,000, OR BE IMPRISONED FOR NOT MORE THAN 15 YEARS, OR BE
BOTH FINED AND IMPRISONED IN THE DISCRETION OF THE COURT.

(2) A PERSON CONVICTED OF THEFT WHERE THE
PROPERTY OF SERVICES THAT WAS THE SUBJECT OF THE THEFT HAS A
VALUE OF LESS THAN $300 IS GUILTY OF A MISDEMEANOR AND SHALL
RESTORE THE PROPERTY TAKEN TO THE OWNER OR FAY HIM THE VALUE
OF THE PROPERTY OR SERVICES, AND BE FINED NOT MORE THAN $300
$100, OR BE IMPRISONED FOR NOT MORE THAN 18 MONTHS, OR BE
BOTH FINED AND IMPRISONED IN THE DISCRETION OF THE COURT.

343. DEFENSES AND PRESUMPTIONS.

(A)    (1) IT IS NOT A DEFENSE TO THE OFFENSE OF THEFT
THAT THE DEFENDANT HAS AN INTEREST IN THE PROPERTY WHICH WAS
THE SUBJECT OF THE THEFT IF ANOTHER PERSON ALSO HAS AN
INTEREST OR RIGHT OF POSSESSION IN THE PROPERTY THAT THE
DEFENDANT IS NOT ENTITLED TO INFRINGE.

(2) THE FOLLOWING ESTABLISH DELINEATE THE RIGHT
OF POSSESSION:

(I)    A JOINT OR COMMON OWNER OF PROPERTY
DOES NOT HAVE A RIGHT OF POSSESSION OF THE PROPERTY SUPERIOR
TO THAT OF ANY OTHER JOINT OR COMMON OWNER OF THE PROPERTY.

(II)   IN THE ABSENCE OF A SPECIFIC
AGREEMENT TO THE CONTRARY, A PERSON IN LAWFUL POSSESSION OF
PROPERTY HAS A RIGHT OF POSSESSION SUPERIOR TO THAT OF A
PERSON HAVING ONLY A SECURITY INTEREST IN THE PROPERTY, EVEN
IF LEGAL TITLE TO THE PROPERTY LIES WITH THE HOLDER OF THE
SECURITY INTEREST PURSUANT TO A CONDITIONAL SALE CONTRACT OR
OTHER SECURITY AGREEMENT.

(B)    IT IS NOT A DEFENSE TO THEFT THAT THE PROPERTY
WAS TAKEN, OBTAINED, OR WITHHELD FROM A PERSON WHO HAD
OBTAINED POSSESSION OF THE PROPERTY BY OTHER ILLEGAL MEANS.

(C) IT IS A DEFENSE TO THE OFFENSE OF THEFT THAT:

(1)    THE DEFENDANT ACTED UNDER A GOOD FAITH
CLAIM OF RIGHT TO THE PROPERTY INVOLVED;

(2)    THE DEFENDANT ACTED IN THE HONEST BELIEF
THAT HE HAD THE RIGHT TO OBTAIN OR EXERT CONTROL OVER THE
PROPERTY AS HE DID;

(3)    THE PROPERTY INVOLVED WAS THAT OF THE
DEFENDANT'S SPOUSE, UNLESS THE DEFENDANT AND THE DEFENDANT'S
SPOUSE WERE NOT LIVING TOGETHER AS MAN AND WIFE AND WERE
LIVING IN SEPARATE ABODES AT THE TIME OF THE ALLEGED THEFT;