Criminals

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1 of 1 DOCUMENT Annotated Code of Maryland Copyright © 2011 by Matthew Bender and Company, Inc., a member of the LexisNexis Group All rights reserved. *** Current through all chapters of the 2011 Special Session of the General Assembly *** *** Annotations through October 7, 2011 *** CRIMINAL LAW TITLE 7. THEFT AND RELATED CRIMES SUBTITLE 1. CRIMES INVOLVING THEFT PART I. THEFT GO TO MARYLAND STATUTES ARCHIVE DIRECTORY Md. CRIMINAL LAW Code Ann. § 7-105 (2011) § 7-105. Motor vehicle theft

(a) "Owner" defined. -- In this section, "owner" means a person who has a lawful interest in or is in lawful possession of a motor vehicle by consent or chain of consent of the title owner. (b) Prohibited. -- A person may not knowingly and willfully take a motor vehicle out of the owner's lawful custody, control, or use without the owner's consent. (c) Penalty. -- A person who violates this section: (1) is guilty of the felony of taking a motor vehicle and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both; and (2) shall restore the motor vehicle or, if unable to restore the motor vehicle, pay to the owner the full value of the motor vehicle. (d) Effect on general theft prosecution; merger. -(1) This section does not preclude prosecution for theft of a motor vehicle under § 7-104 of this part. (2) If a person is convicted under § 7-104 of this part and this section for the same act or transaction, the conviction under this section shall merge for sentencing purposes into the conviction under § 7-104 of this part. HISTORY: An. Code 1957, art. 27, § 342A; 2002, ch. 26, § 2. NOTES: REVISOR'S NOTE

Page 2 Md. CRIMINAL LAW Code Ann. § 7-105

This section is new language derived without substantive change from former Art. 27, § 342A. In subsection (a) of this section, the former reference to the "actual" title owner is deleted as surplusage. In subsection (b) of this section, the former reference to "the person's aiders or...