|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H.B. 647
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) A person who is subject to the penalties of this subsection shall be
guilty of a felony and fined a sum not to exceed $1,000 or imprisoned not more than
15 years, or both.
(i) If a person commits a violation of this section pursuant to one scheme or
continuing course of conduct, from the same or several sources, the conduct may be
considered as one offense and the value of the money, goods, services, or anything else
of value may be aggregated in determining if the offense is a felony or a misdemeanor.
(j) This section shall not be construed to preclude the applicability of any
other provision of the criminal law of this State which presently applies or may in the
future apply to any transaction which violates this section, unless such provision is
inconsistent with the terms of this section.
(k) If any provision of this section or its application to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of the section which can be given effect without the invalid provision or
application, and to this end the provisions of this section are declared to be severable.
340.
In this subheading, the following words have the meanings 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.
(3) The value of a trade secret which does not have a readily
ascertainable market value shall be deemed any reasonable value representing the
damage to the owner suffered by reason of losing an advantage over those who do not
know of or use the trade secret.
(4) When it cannot be determined if the value of the property or service is
more or less than [$300] $500 by the standards set forth in this subsection, its value
shall be determined to be an amount less than [$300] $500.
(5) When theft is committed in violation of this subheading pursuant to
one scheme or continuing course of conduct, whether from the same or several
|
|
|
|
|
|
|
|
|
|
- 4466 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
