(1) Deception; or
(2) Knowing that the services are provided without the consent of the
person providing them.
(f) (1) A person convicted of theft where the property or services that was
the subject of the theft has a value of $300 or greater is guilty of a felony and shall
restore the property taken to the owner or pay him the value of the property or
services, and be fined not more than $1,000, or be imprisoned for not more than 15
years, or be both fined and imprisoned in the discretion of the court.
(2) A person convicted of theft where the property or services that was
the subject of the theft has a value of less than $300 is guilty of a misdemeanor and
shall restore the property taken to the owner or pay him the value of the property or
services, and be fined not more than $500, or be imprisoned for not more than 18
months, or be both fined and imprisoned in the discretion of the court; however, all
actions or prosecutions for theft where the property or services that was the subject of
the theft has a value of less than $300 shall be commenced within 2 years after the
commission of the offense.
[342A.
(a) In this section, "owner" means any person who has a lawful interest in or
is in lawful possession of a motor vehicle by consent or chain of consent of the actual
title owner.
(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.
(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.
(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 10 5 years or both.]
(E) (1) THIS SECTION DOES NOT PRECLUDE PROSECUTION FOR THEFT OF A
MOTOR VEHICLE UNDER § 342 OF THIS SUBHEADING.
(2) IF A PERSON IS CONVICTED UNDER § 342 OF THIS SUBHEADING AND
THIS SECTION FOR THE SAME ACT OR TRANSACTION, THE CONVICTION UNDER THIS
SECTION SHALL MERGE FOR SENTENCING PURPOSES INTO THE CONVICTION UNDER
§ 342 OF THIS SUBHEADING.
344.
[(b) In any indictment, information, warrant, or other charging document for
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 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, § 342A of the Annotated
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