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Ch. 26
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2002 LAWS OF MARYLAND
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(2) SHALL RESTORE THE PROPERTY TAKEN AND CARRIED AWAY IN
VIOLATION OF THIS SECTION OR, IF UNABLE TO RESTORE THE PROPERTY, SHALL PAY
TO THE OWNER THE FULL VALUE OF THE PROPERTY
(C) PROHIBITED DEFENSE.
IT IS NOT A DEFENSE TO THIS SECTION THAT THE PERSON INTENDS TO HOLD
OR KEEP THE PROPERTY FOR THE PERSON'S PRESENT USE AND NOT WITH THE
INTENT OF APPROPRIATING OR CONVERTING THE PROPERTY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 349.
Throughout this section, the former phrase "his or their aiders and
abettors" is deleted in light of the abrogation of the distinction between
principals and accessories before the fact. See General Revisor's Note to
article and CP § 204.
In subsection (a) of this section, the term "governmental unit" is
substituted for the former phrase "body ... politic in the State", for clarity.
Also in subsection (a) of this section, the former reference to a "body
corporate" in the State is deleted as included in the defined term "person".
In subsection (a)(1) of this section, the reference to a "vehicle" is
substituted for the former reference to any "carriage, wagon, buggy, [or]
cart", for clarity and brevity.
Also in subsection (a)(1) of this section, the former phrase "shall enter, or
being upon" is deleted as implicit in the reference to "premises".
In subsection (a)(2) of this section, the former reference to a motor vehicle
"as defined in the laws of this State relating to such" is deleted as
surplusage.
In subsection (a)(3) of this section, the reference to a "vessel" is substituted
for the former reference to a "boat, craft, (or) vessel", for clarity and
brevity.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (a)(4) of this section, the
reference to "livestock" is substituted for the former reference to a "horse,
mare, colt, gelding, mule, ass, sheep, hog, ox or cow", for clarity and
brevity. The substitution may include other, more exotic livestock, such as
bison and llamas, which would otherwise fall under the general reference
to "any property" in the introductory language to this section. No
substantive change is intended.
In subsection (b)(2) of this section, the former phrase "in the discretion of
the court" is deleted as implicit in the establishment of minimum and
maximum penalties.
Also in subsection (b)(2) of this section, the former phrase "or be
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- 550 -
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