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Ch. 26
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PARRIS N. GLENDENING, Governor
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(2) THIS SUBSECTION DOES NOT APPLY TO A WRITTEN INSTRUMENT
THAT HAS A READILY ASCERTAINABLE MARKET VALUE.
(3) (I) FOR PURPOSES OF THIS PART, A WRITTEN INSTRUMENT IS
VALUED AS PROVIDED BY THIS PARAGRAPH.
(II) THE VALUE OF AN INSTRUMENT CONSTITUTING EVIDENCE OF
DEBT, INCLUDING A CHECK, DRAFT, OR PROMISSORY NOTE, IS THE AMOUNT DUE OR
COLLECTIBLE ON THE INSTRUMENT. THAT VALUE IS ORDINARILY THE FACE
AMOUNT OF THE INSTRUMENT, LESS ANY PORTION THAT HAS BEEN SATISFIED.
(III) THE VALUE OF ANY OTHER INSTRUMENT THAT CREATES,
RELEASES, DISCHARGES, OR OTHERWISE AFFECTS A VALUABLE LEGAL RIGHT,
PRIVILEGE, OR OBLIGATION IS THE AMOUNT OF ECONOMIC LOSS THE OWNER OF
THE INSTRUMENT MIGHT REASONABLY SUFFER BECAUSE OF THE LOSS OF THE
INSTRUMENT.
(D) TRADE SECRET.
THE VALUE OF A TRADE SECRET LACKING A READILY ASCERTAINABLE MARKET
VALUE IS A REASONABLE VALUE THAT REPRESENTS THE DAMAGE THE OWNER
SUFFERED BY THE LOSS OF AN ADVANTAGE OVER THOSE WHO DO NOT KNOW OR
USE THE TRADE SECRET.
(E) WHEN VALUE CANNOT BE DETERMINED.
WHEN IT CANNOT BE DETERMINED WHETHER THE VALUE OF THE PROPERTY
OR SERVICE IS MORE OR LESS THAN $500 UNDER THE STANDARDS OF THIS SECTION,
THE VALUE IS DEEMED TO BE LESS THAN $500.
(F) COURSE OF CONDUCT — AGGREGATION.
WHEN THEFT IS COMMITTED IN VIOLATION OF THIS PART UNDER ONE SCHEME
OR CONTINUING COURSE OF CONDUCT, WHETHER FROM THE SAME OR SEVERAL
SOURCES:
(1) THE CONDUCT MAY BE CONSIDERED AS ONE CRIME; AND
(2) THE VALUE OF THE PROPERTY OR SERVICES MAY BE AGGREGATED
IN DETERMINING WHETHER THE THEFT IS A FELONY OR A MISDEMEANOR
REVISOR'S NOTE: Subsections (a) and (c) through (f) of this section are new
language derived without substantive change from former Art. 27, §
340(n).
Subsection (b) of this section is new language added for clarity.
In subsection (a)(2) of this section, the reference to the replacement of
"service" is added as implicit in light of subsection (a)(1) of this section.
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- 533 -
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