PARRIS N. GLENDENING, Governor

Ch. 268

[(l)] (M) "THEFT" MEANS THEFT AS DEFINED IN §§ 341 THROUGH 345 OF THIS
SUBHEADING INCLUDING MOTOR VEHICLE THEFT UNLESS OTHERWISE INDICATED.

(N) (1) "Value" means the market value of the property or service at the time
and place of the crime, or if the market value cannot be satisfactorily ascertained, the cost
of the replacement of the property within a reasonable time after the crime.

(2)     Whether or not they have been issued or delivered, certain written
instruments, not including those having a readily ascertainable market value, shall be
evaluated as follows:

(i) The value of an instrument constituting an evidence of debt, such
as a check, draft, or promissory note, shall be determined as the amount due or collectible
thereon or thereby, this figure ordinarily being the face amount of the indebtedness less
any portion thereof which has been satisfied.

(ii) The value of any other instrument which creates, releases,
discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be
determined as the amount of economic loss which the owner of the instrument might
reasonably suffer by virtue of the loss of the instrument.

(3)     The value of a trade secret which does not have a readily ascertainable
market value shall be deemed any reasonable value representing the damage to the owner
suffered by reason of losing an advantage over those who do not know of or use the trade
secret.

(4)     When it cannot be determined if the value of the property or service is
more or less than $300 by the standards set forth in this subsection, its value shall be
determined to be an amount less than $300.

(5)     When theft is committed in violation of this subheading pursuant to one
scheme or continuing course of conduct, whether from the same or several sources, the
conduct may be considered as one offense and the value of the property or services
aggregated in determining whether the theft is a felony or a misdemeanor.

341.

Conduct designated as theft in this subheading constitutes a single crime embracing,
among others, the separate crimes heretofore known as larceny, larceny by trick, larceny
after trust, embezzlement, false pretenses, shoplifting, and receiving stolen property. An
accusation of theft may be proved by evidence that it was committed in any manner that
would be theft under this subheading, notwithstanding the specification of a different
manner in the information, indictment, warrant, or other charging document, subject only
to the power of the court to ensure a fair trial by granting a continuance or other
appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice
or by surprise.

342.

(a) A person commits the offense of theft when he willfully or knowingly obtains
control which is unauthorized or exerts control which is unauthorized over property of the
owner, and:

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