PARRIS N. GLENDENING, Governor                                S.B. 738

(B) A PERSON, OR THE PERSON'S AIDERS OR ABETTORS, MAY NOT
KNOWINGLY AND WILLFULLY TAKE A MOTOR VEHICLE OUT OF THE LAWFUL
CUSTODY, CONTROL, OR USE OF THE OWNER WITHOUT THE OWNER'S CONSENT.

(B) (C) 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) EXCEPT AS PROVIDED IN § 342C OF THIS SUBHEADING, A PERSON WHO
VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF MOTOR VEHICLE THEFT IN
THE SECOND DEGREE AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE
THAN $5,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH.

(D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
TAKING A MOTOR VEHICLE AND ON CONVICTION IS SUBJECT TO A FINE OF NOT
MORE THAN $5,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH.

342C.

(A) IN THIS SECTION, "PARTY KNOWN TO THE OWNER OF THE MOTOR
VEHICLE" MEANS A PERSON WHO AT THE TIME OF THE COMMISSION OF THE
OFFENSE IS;

(1) THE SPOUSE, PARENT, STEPPARENT, CHILD, STEPCHILD,

GRANDCHILD, NONBLOOD OR BLOOD RELATIVE, OR EMPLOYEE OF THE OWNER OF
THE MOTOR VEHICLE;

(2) A PERSON HAVING A CHILD IN COMMON WITH THE OWNER; OR

(3) COHABITATING WITH THE OWNER OF THE MOTOR VEHICLE.

(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."

- 3841 -