2013 Maryland Code
CRIMINAL LAW
§ 7-105 - Motor vehicle theft


MD Crim Law Code § 7-105 (2013) What's This?

§7-105.

(a) 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) 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) 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) (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.

§ 7-105 - 1. Owner's affidavit.

(a) In general. -- Subject to subsection (c) of this section, in a criminal case or juvenile proceeding involving theft of a motor vehicle under § 7-104 or § 7-105 of this subtitle, an affidavit sworn to in open court by the lawful owner of the motor vehicle may be introduced thereafter as substantive evidence that the motor vehicle was taken from the lawful owner and operated, used, or possessed without the lawful owner's authorization.

(b) Requirements. -- The affidavit shall:

(1) be given under oath subject to the penalty of perjury; and

(2) be attached to a copy of the certificate of title of the motor vehicle.

(c) Notice of use of affidavit in evidence; witness. --

(1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to:

(i) rely on the affidavit; and

(ii) introduce the affidavit into evidence at the proceeding.

(2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

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