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Session Laws, 2004
Volume 801, Page 3194   View pdf image
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H.B. 926                                                 VETOES

(b)     An indictment, information, warrant, or other charging document for theft
under this part for taking a motor vehicle under § 7-105 of this part is sufficient if it
substantially states:

"(name of defendant) on (date) in (county) knowingly and willfully took a motor
vehicle out of (name of victim)'s lawful custody, control, or use, without the consent of
(name of victim), in violation of § 7-105 of the Criminal Law Article, against the
peace, government, and dignity of the State.".

(c)      In a case in the circuit court in which the general form of indictment or
information is used to charge a defendant with a crime under this part, the defendant,
on timely demand, is entitled to a bill of particulars.

(D) UNLESS SPECIFICALLY CHARGED BY THE STATE, THEFT OF PROPERTY OR
SERVICES WITH A VALUE OF LESS THAN $100 AS PROVIDED UNDER § 7-104(G)(3) OF
THIS SUBTITLE MAY NOT BE CONSIDERED A LESSER INCLUDED CRIME OF ANY
OTHER CRIME.

7-110.

(b) (1) It is not a defense to the crime of theft that the property was taken,
obtained, or withheld from a person who had obtained the property by illegal means.

(2) IT IS NOT A DEFENSE TO THE CRIME OF THEFT OF PROPERTY OR
SERVICES WITH A VALUE OF LESS THAN $100 AS PROVIDED UNDER § 7-104(G)(3) OF
THIS SUBTITLE THAT THE VALUE OF THE PROPERTY OR SERVICES AT ISSUE IS $100
OR MORE.

8-103.

(a)     A person may not obtain property or services by issuing a check if:

(1)     the person knows that there are insufficient funds with the drawee to
cover the check and other outstanding checks;

(2)     the person intends or believes when issuing the check that payment
will be refused by the drawee on presentment; and

(3)     payment of the check is refused by the drawee on presentment.

(b)     A person may not obtain property or services by issuing a check if:

(1)     when issuing the check, the person knows that the person or, in the
case of a representative drawer, the person's principal intends, without the consent of
the payee, to stop or countermand the payment of the check, or otherwise to cause the
drawee to disregard, dishonor, or refuse to recognize the check; and

(2)     payment is refused by the drawee on presentment.

(c)     A person may not issue a check if:

(1) the check is in payment for services provided or to be provided by:
(i) an employee of the drawer or representative drawer; or

- 3194 -

 

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Session Laws, 2004
Volume 801, Page 3194   View pdf image
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