Ch. 130

2004 LAWS OF MARYLAND

(1)     the conduct may be considered as one crime; and

(2)     the value of the property or services may be aggregated in
determining whether the theft is a felony or a misdemeanor.

7-104.

(g) (1) A person convicted of theft of property or services with a value of
$500 or more is guilty of a felony and:

(i) is subject to imprisonment not exceeding 15 years or a fine not
exceeding $25,000 or both; and

(ii) shall restore the property taken to the owner or pay the owner
the value of the property or services.

(2)     Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of
this subsection, a person convicted of theft of property or services with a value of less
than $500, is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 18 months or a fine
not exceeding $500 or both; and

(ii) shall restore the property taken to the owner or pay the owner
the value of the property or services.

(3)     A PERSON CONVICTED OF THEFT OF PROPERTY OR SERVICES WITH A
VALUE OF LESS THAN $100, IS GUILTY OF A MISDEMEANOR AND:

(I)      IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A
FINE NOT EXCEEDING $500 OR BOTH; AND

(II)     SHALL RESTORE THE PROPERTY TAKEN TO THE OWNER OR PAY
THE OWNER THE VALUE OF THE PROPERTY OR SERVICES.

[(3)] (4) Subject to paragraph [(4)] (5) of this subsection, a person who
has two or more prior convictions under this subtitle and who is convicted of theft of
property or services with a value of less than $500 UNDER PARAGRAPH (2) OF THIS
SUBSECTION is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 5 years or a fine not
exceeding $5,000 or both; and

(ii) shall restore the property taken to the owner or pay the owner
the value of the property or services.

[(4)] (5) The court may not impose the penalties under paragraph [(3)]
(4) of this subsection unless the State's Attorney serves notice on the defendant or the
defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at
least 15 days before trial that:

(i) the State will seek the penalties under paragraph [(3)] (4) of
this subsection; and

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