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Ch. 26
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2002 LAWS OF MARYLAND
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(4) IN A CASE OF THEFT OF A TRADE SECRET, THE DEFENDANT
RIGHTFULLY KNEW THE TRADE SECRET, OR THE TRADE SECRET WAS AVAILABLE TO
THE DEFENDANT FROM A SOURCE OTHER THAN THE OWNER
(D) COMMON LAW AND EVIDENTIARY PRESUMPTIONS.
ANY COMMON LAW AND EVIDENTIARY PRESUMPTION APPLICABLE ON JULY 1,
1979 TO THE CRIMES CONSOLIDATED UNDER THIS PART ALSO APPLY TO THE CRIME
OF THEFT, UNLESS THE PRESUMPTION:
(1) IS REPEALED OR MODIFIED UNDER THIS PART; OR
(2) IS MODIFIED BY A COURT DECISION RENDERED AFTER JULY 1, 1979.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 343.
The references to "crime[s]" are substituted for the former references to
"offense[s]" for consistency within this article. See General Revisor's Note
to article.
Defined terms: "Exert control" § 7-101
"Obtain" § 7-101
"Owner" § 7-101
"Person" § 1-101
"Property" § 7-101
"Theft" § 7-101
7-111. RESERVED.
7-112. RESERVED.
PART II. RELATED CRIMES.
7-113. EMBEZZLEMENT — FRAUDULENT MISAPPROPRIATION BY FIDUCIARIES.
(A) PROHIBITED.
A FIDUCIARY MAY NOT:
(1) FRAUDULENTLY AND WILLFULLY APPROPRIATE MONEY OR A THING
OF VALUE THAT THE FIDUCIARY HOLDS IN A FIDUCIARY CAPACITY CONTRARY TO
THE REQUIREMENTS OF THE FIDUCIARY'S TRUST RESPONSIBILITY; OR
(2) SECRETE MONEY OR A THING OF VALUE THAT THE FIDUCIARY
HOLDS IN A FIDUCIARY CAPACITY WITH A FRAUDULENT INTENT TO USE THE MONEY
OR THING OF VALUE CONTRARY TO THE REQUIREMENTS OF THE FIDUCIARY'S TRUST
RESPONSIBILITY.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE MISDEMEANOR OF
EMBEZZLEMENT AND ON CONVICTION IS SUBJECT TO IMPRISONMENT OF AT LEAST 1
YEAR AND NOT EXCEEDING 5 YEARS.
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