Section 7-108 - Charging documents. - Maryland Statutes

§ 7-108. Charging documents.
 

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

"(name of defendant) on (date) in (county) stole (property or services stolen) of (name of victim), having a value of (less than $1,000, at least $1,000 but less than $10,000, at least $10,000 but less than $100,000, or $100,000 or more) in violation of § 7-104 of the Criminal Law Article, against the peace, government, and dignity of the State.". 

(b)  Taking a motor vehicle.- 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)  Bill of particulars.- 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)  Lesser included crime status not available unless charged.- 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. 
 

[An. Code 1957, art. 27, § 344(a), (b), (d); 2002, ch. 26, § 2; 2004, ch. 130; 2009, ch. 655.]