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Session Laws, 2004
Volume 801, Page 577   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 130

Article - Criminal Law

7-103.

(a)     In this section, "value" means:

(1)     the market value of the property or service at the time and place of
the crime; or

(2)     if the market value cannot satisfactorily be ascertained, the cost of
the replacement of the property or service within a reasonable time after the crime.

(b)     The value of property or service under this part shall be determined in
accordance with this section.

(c)     (1) Except as provided in paragraph (2) of this subsection, this
subsection applies to a written instrument whether or not the instrument has been
issued or delivered.

(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)     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)     (1) [When] FOR THE PURPOSES OF DETERMINING WHETHER A THEFT
VIOLATION SUBJECT TO EITHER § 7-104(G)(l) OR (2) OF THIS SUBTITLE HAS BEEN
COMMITTED, 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.

(2) FOR THE PURPOSES OF DETERMINING WHETHER A THEFT
VIOLATION SUBJECT TO EITHER § 7-104(G)(2) OR (3) OF THIS SUBTITLE HAS BEEN
COMMITTED, WHEN IT CANNOT BE DETERMINED WHETHER THE VALUE OF THE
PROPERTY OR SERVICE IS MORE OR LESS THAN $100 UNDER THE STANDARDS OF
THIS SECTION, THE VALUE IS DEEMED TO BE LESS THAN $100.

(f)      When theft is committed in violation of this part under one scheme or
continuing course of conduct, whether from the same or several sources:

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Session Laws, 2004
Volume 801, Page 577   View pdf image
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