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PARRIS N. GLENDENING, Governor
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Ch. 26
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(B) DETERMINATION OF VALUE.
IF A CHARGING DOCUMENT ALLEGES THAT THE VALUE OF THE PROPERTY OR
SERVICE SUBJECT TO THIS SUBTITLE IS $500 OR MORE, THE COURT SHALL INSTRUCT
THE JURY TO DETERMINE WHETHER THE VALUE OF THE PROPERTY OR SERVICE IS
LESS THAN $500, OR $500 OR MORE.
(C) THEFT AS LESSER INCLUDED CRIME.
UNLESS A CHARGING DOCUMENT ALLEGES THAT THE VALUE OF THE
PROPERTY OR SERVICE SUBJECT TO THIS SUBTITLE IS $500 OR MORE, A FELONY
VIOLATION OF § 7-104 OF THIS ARTICLE IS NOT A LESSER INCLUDED CRIME OF
ROBBERY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 488.
In subsection (a) of this section, the former reference to a "deadly" weapon
is deleted as included in the reference to a "dangerous" weapon.
Also in subsection (a) of this section, the former archaic phrase "contrary to
the form of the act of assembly in such case made and provided" is deleted
as surplusage.
In subsection (c) of this section, the reference to a lesser included "crime" is
substituted for the former reference to a lesser included "offense" for
consistency within this article. See General Revisor's Note to article.
Defined terms: "County" § 1-101
"Property" § 3-401
"Robbery" § 3-401
"Service" § 3-401
3-405. CARJACKING.
(A) "MOTOR VEHICLE" DEFINED.
IN THIS SECTION, "MOTOR VEHICLE" HAS THE MEANING STATED IN § 11-135 OF
THE TRANSPORTATION ARTICLE.
(B) PROHIBITED — CARJACKING.
(1) AN INDIVIDUAL MAY NOT TAKE UNAUTHORIZED POSSESSION OR
CONTROL OF A MOTOR VEHICLE FROM ANOTHER INDIVIDUAL WHO ACTUALLY
POSSESSES THE MOTOR VEHICLE, BY FORCE OR VIOLENCE, OR BY PUTTING THAT
INDIVIDUAL IN FEAR THROUGH INTIMIDATION OR THREAT OF FORCE OR VIOLENCE.
(2) A VIOLATION OF THIS SUBSECTION IS CARJACKING.
(C) SAME — ARMED CARJACKING.
(1) A PERSON MAY NOT EMPLOY OR DISPLAY A DANGEROUS WEAPON
DURING THE COMMISSION OF A CARJACKING.
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- 279 -
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