PARRIS N. GLENDENING, Governor

Ch. 268

(B)     A PERSON WHO VIOLATES THIS SECTION SHALL RESTORE THE MOTOR
VEHICLE SO TAKEN AND CARRIED AWAY, OR, IF UNABLE TO DO SO, SHALL PAY TO
THE OWNER THE FULL VALUE OF THE MOTOR VEHICLE.

(C) A PERSON WHO VIOLATES § 342B AND WHO IS A PARTY KNOWN TO THE
OWNER OF THE MOTOR VEHICLE IS GUILTY OF THE MISDEMEANOR OF MOTOR
VEHICLE THEFT IN THE THIRD DEGREE AND ON CONVICTION IS SUBJECT TO A FINE
OF NOT MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR
BOTH.

344.

(a)     In any indictment, information, warrant, or other charging document for theft,
NOT INCLUDING MOTOR VEHICLE THEFT TAKING A MOTOR VEHICLE AS DEFINED IN
§§ 342A THROUGH 342C § 342A OF THIS SUBHEADING, it is sufficient to use a formula

substantially to the following effect: "That A-B on the .... day of......................., [19] ....,

in the County (City) aforesaid, did steal (here specifying the property or services stolen)
of C-D, having a value of (less than $300 or $300 or greater) in violation of Article 27, §
342, of the Annotated Code of Maryland; contrary to the form of the Act of Assembly in
such case made and provided[,] and against the peace, government, and dignity of the
State."

(b)     IN ANY INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING
DOCUMENT FOR MOTOR VEHICLE THEFT TAKING A MOTOR VEHICLE IT IS
SUFFICIENT TO USE A FORMULA SUBSTANTIALLY TO THE FOLLOWING EFFECT:

"THAT A-B ON THE .... DAY OF ......................., ...., IN THE COUNTY (CITY) AFORESAID,

DID STEAL (HERE SPECIFY INTENT: 1. WITH THE INTENT TO PERMANENTLY DEPRIVE
OR 2. FOR A B'S PRESENT USE AND NOT WITH THE INTENT OF APPROPRIATING OR
CONVERTING THE MOTOR VEHICLE) THE MOTOR VEHICLE OF C D KNOWINGLY AND
WILLFULLY TAKE OUT OF C-D'S LAWFUL CUSTODY, CONTROL, OR USE A MOTOR
VEHICLE, WITHOUT THE CONSENT OF C-D, IN VIOLATION OF ARTICLE 27, SECTION
(HERE STATE SECTION VIOLATED) § 342A OF THE ANNOTATED CODE OF MARYLAND;
CONTRARY TO THE FORM OF THE ACT OF ASSEMBLY IN SUCH CASE MADE AND
PROVIDED AND AGAINST THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE."

(C)     The obtaining of property or services by a bad check as defined in §§ 140 to
144 shall not be prosecuted as theft as defined in this subheading unless the defendant
commits deception as provided in [§ 342] § 342 OR § 342A OF THIS SUBHEADING in
addition to any false representation or false representations that there are sufficient
funds in the drawee bank to cover the check. In any prosecution for theft, the
presumptions defined in § 142 shall apply to the same extent as if the prosecution were
under [§ 342] § 342 OR § 342A OF THIS SUBHEADING.

(D)     IN ANY CASE IN THE CIRCUIT COURT IN WHICH THIS GENERAL FORM OF
INDICTMENT OR INFORMATION IS USED TO CHARGE AN OFFENSE UNDER THIS
SUBHEADING, THE DEFENDANT ON TIMELY DEMAND IS ENTITLED TO A BILL OF
PARTICULARS.

- 2115 -