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Ch. 26
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PARRIS N. GLENDENING, Governor
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(I) THE PERSON POSSESSES OR EXERTS CONTROL OVER
PROPERTY STOLEN FROM MORE THAN ONE PERSON ON SEPARATE OCCASIONS;
(II) DURING THE YEAR PRECEDING THE CRIMINAL POSSESSION
CHARGED, THE PERSON HAS ACQUIRED STOLEN PROPERTY IN A SEPARATE
TRANSACTION; OR
(III) BEING IN THE BUSINESS OF BUYING OR SELLING PROPERTY OF
THE SORT POSSESSED, THE PERSON ACQUIRED IT FOR A CONSIDERATION THAT THE
PERSON KNEW WAS FAR BELOW A REASONABLE VALUE.
(3) IN A PROSECUTION FOR THEFT BY POSSESSION OF STOLEN
PROPERTY UNDER THIS SUBSECTION, IT IS NOT A DEFENSE THAT:
(I) THE PERSON WHO STOLE THE PROPERTY HAS NOT BEEN
CONVICTED, APPREHENDED, OR IDENTIFIED;
(II) THE DEFENDANT STOLE OR PARTICIPATED IN THE STEALING
OF THE PROPERTY; OR
(III) THE STEALING OF THE PROPERTY DID NOT OCCUR IN THE
STATE.
(4) UNLESS THE PERSON WHO CRIMINALLY POSSESSES STOLEN
PROPERTY PARTICIPATED IN THE STEALING, THE PERSON WHO CRIMINALLY
POSSESSES STOLEN PROPERTY AND A PERSON WHO HAS STOLEN THE PROPERTY
ARE NOT ACCOMPLICES IN THEFT FOR THE PURPOSE OF ANY RULE OF EVIDENCE
REQUIRING CORROBORATION OF THE TESTIMONY OF AN ACCOMPLICE.
(D) CONTROL OVER PROPERTY LOST, MISLAID, OR DELIVERED BY MISTAKE.
A PERSON MAY NOT OBTAIN CONTROL OVER PROPERTY KNOWING THAT THE
PROPERTY WAS LOST, MISLAID, OR WAS DELIVERED UNDER A MISTAKE AS TO THE
IDENTITY OF THE RECIPIENT OR NATURE OR AMOUNT OF THE PROPERTY, IF THE
PERSON:
(1) KNOWS OR LEARNS THE IDENTITY OF THE OWNER OR KNOWS, IS
AWARE OF, OR LEARNS OF A REASONABLE METHOD OF IDENTIFYING THE OWNER;
(2) FAILS TO TAKE REASONABLE MEASURES TO RESTORE THE
PROPERTY TO THE OWNER; AND
(3) INTENDS TO DEPRIVE THE OWNER PERMANENTLY OF THE USE OR
BENEFIT OF THE PROPERTY WHEN THE PERSON OBTAINS THE PROPERTY OR AT A
LATER TIME.
(E) SERVICES AVAILABLE ONLY FOR COMPENSATION.
A PERSON MAY NOT OBTAIN THE SERVICES OF ANOTHER THAT ARE AVAILABLE
ONLY FOR COMPENSATION:
(1) BY DECEPTION; OR
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- 535 -
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