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PARRIS N. GLENDENING, Governor
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Ch. 26
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REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 340(d).
In paragraph (1) of this subsection, the reference to the appropriation of
property to "a person's" own use is substituted for the former reference to
the appropriation of property to "one's" own use for clarity.
Defined term: "Person" § 1-101
(E) MOTOR VEHICLE.
"MOTOR VEHICLE" HAS THE MEANING STATED IN § 11-135 OF THE
TRANSPORTATION ARTICLE.
REVISOR'S NOTE: This subsection formerly was Art. 27, § 340(f).
No changes are made.
(F) OBTAIN.
"OBTAIN" MEANS:
(1) IN RELATION TO PROPERTY, TO BRING ABOUT A TRANSFER OF
INTEREST IN OR POSSESSION OF THE PROPERTY; AND
(2) IN RELATION TO A SERVICE, TO SECURE THE PERFORMANCE OF THE
SERVICE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 340(g).
In item (1) of this subsection, the former reference to transfer "whether to
the offender or to another" is deleted as surplusage.
In item (2) of this subsection, the former reference to services and the
performance "thereof" is deleted as surplusage.
(G) OWNER
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS PART, "OWNER" MEANS
A PERSON, OTHER THAN THE OFFENDER:
(1) WHO HAS AN INTEREST IN OR POSSESSION OF PROPERTY
REGARDLESS OF WHETHER THE PERSON'S INTEREST OR POSSESSION IS UNLAWFUL;
AND
(2) WITHOUT WHOSE CONSENT THE OFFENDER HAS NO AUTHORITY TO
EXERT CONTROL OVER THE PROPERTY.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 340(h).
In the introductory language of this subsection, the phrase "[e]xcept as
otherwise expressly provided in this part," is added in light of the use of a
different definition of "owner" in § 7-105 of this part.
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- 527 -
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