PARRIS N. GLENDENING, Governor

S.B. 738

(11)   Records, recordings, documents, blueprints, drawings, maps, and whole
or partial copies, descriptions, photographs, prototypes or models thereof; or any other
articles, materials, devices, substances, and whole or partial copies, descriptions,
photographs, prototypes, or models thereof which represent evidence, reflect or record
secret scientific, technical, merchandising production or management information,
designed process, procedure, formula, invention, trade secret, or improvement;

(12)   Financial instruments, information, electronically produced data,
computer software and programs in either machine or human readable form, and other
tangible or intangible items of value.

[(i)] (J) "Property of another" means real or personal property in which a person
other than the offender has an interest which the offender does not have authority to
defeat or impair, even though the offender himself may have an interest in the property.

[(j)] (K) "Service" includes, but is not limited to:

(1)     Labor or professional service;

(2)     Telecommunication, public utility, toll facilities, or transportation

service;

(3) Lodging, entertainment, or restaurant service; or

(4) The use of equipment (including, but not limited to, computers and
other data processing equipment).

[(k)](L) "Slug" means an object or article which, by virtue of its size, shape, or
any other quality, is capable of being inserted or deposited in a coin machine as an
improper substitute for a coin, bill, or token required for the operation of the machine.

[(1)] (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.

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