Ch. 509                                    1996 LAWS OF MARYLAND

(G) IF THE PRIMARY LAW ENFORCEMENT UNIT HAS GIVEN THE ALLEGED
OWNER NOTICE THAT AN ITEM HAS BEEN LOCATED THAT MATCHES A STOLEN
PROPERTY REPORT FILED BY THE ALLEGED OWNER AND, WITHIN 60 DAYS AFTER
THE DATE THAT THE COPY OF THE RECORD OF THE ACQUISITION OF THE ITEM WAS
SUBMITTED BY THE DEALER TO THE PRIMARY LAW ENFORCEMENT UNIT, NO
ACTION IS TAKEN TO RECOVER THE ITEM BY THE ALLEGED OWNER, THEN THE
DEALER IN POSSESSION OF THE ITEM MAY TREAT THE ITEM AS REGULARLY
ACQUIRED IN THE DUE COURSE OF BUSINESS.

(II) IF THE ALLEGED OWNER CHOOSES TO PARTICIPATE FULLY IN THE
PROSECUTION OF THE IDENTIFIED ALLEGED THIEF, THEN THE CHARGES OF THEFT
FROM THE ALLEGED OWNER AND THEFT FROM THE DEALER SHALL BE HEARD IN A
JOINT TRIAL.

(I) IF THE ALLEGED OWNER INITIATES A REQUEST FOR PROSECUTION AND
AGREES TO BE A COMPLAINING WITNESS AGAINST THE IDENTIFIED ALLEGED
THIEF, A CHARGING DOCUMENT IS OBTAINED AGAINST THE IDENTIFIED ALLEGED
THIEF, AND THE ALLEGED OWNER PARTICIPATES FULLY IN THE PROSECUTION OF
THE IDENTIFIED ALLEGED THIEF:

(1) THE ITEM SHALL BE RETURNED TO THE ALLEGED OWNER,
WHETHER OR NOT THE IDENTIFIED ALLEGED THIEF IS FOUND GUILTY OF THE
CHARGE OF THEFT OF THE ITEM; AND

(2) THE COURT SHALL ORDER THE DEFENDANT TO PAY THE DEALER
THE OUT-OF-POCKET EXPENSES INCURRED BY THE DEALER IN THE ACQUISITION
OF THE ITEM, IF THE IDENTIFIED ALLEGED THIEF IS FOUND GUILTY OF THE
CHARGE OF THEFT OF THE ITEM.

(J) IF THE ALLEGED OWNER INITIATES A REQUEST FOR PROSECUTION AND
AGREES TO BE A COMPLAINING WITNESS AGAINST THE IDENTIFIED ALLEGED
THIEF, A CHARGING DOCUMENT IS OBTAINED AGAINST THE IDENTIFIED ALLEGED
THIEF, AND THE ALLEGED OWNER CHOOSES TO PARTICIPATE FULLY IN THE
PROSECUTION OF THE IDENTIFIED ALLEGED THIEF BUT THE STATE CHOOSES NOT

TO PROSECUTE THE IDENTIFIED ALLEGED THIEF FOR THE THEFT OF THE ITEM,

THEN THE ITEM SHALL BE RETURNED TO THE ALLEGED OWNER.

12-502.

(a) [A] EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A person who willfully or knowingly violates this title is guilty of a misdemeanor
and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not
exceeding 1 year or both.

(B) A PERSON WHO WILLFULLY OR KNOWINGLY DOES BUSINESS AS A
DEALER, OTHER THAN AS A PAWNBROKER WHO ENGAGES IN A BUSINESS
TRANSACTION THAT DOES NOT INVOLVE THE ACQUISITION OF A SECONDHAND
PRECIOUS METAL OBJECT, IN THE STATE WITHOUT A LICENSE IS GUILTY OF A
MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE NOT EXCEEDING $10,000
OR IMPRISONMENT NOT EXCEEDING 2 YEARS OR BOTH.

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