Maryland Theft Law — The Unified Statute
Maryland's theft law is codified at Criminal Law Article §7-104. It defines theft broadly as the unauthorized taking or control of another's property with intent to deprive the owner of the property. This unified definition encompasses traditional larceny, shoplifting, embezzlement, theft by deception, receiving stolen property, and theft of services.
The single most important factor in determining the severity of a Maryland theft charge is the value of the property taken or attempted to be taken.
Maryland Theft Classifications and Penalties
| Value of Property | Classification | Max Imprisonment | Max Fine |
|---|---|---|---|
| Under $100 | Misdemeanor (Petty) | 90 days | $500 |
| $100 – $1,499 | Misdemeanor | 6 months | $500 |
| $1,500 – $24,999 | Felony | 5 years | $10,000 |
| $25,000 – $99,999 | Felony | 10 years | $15,000 |
| $100,000 or more | Felony | 20 years | $25,000 |
| Motor vehicle theft (any value) | Felony | 5 years | $5,000 |
Elements the State Must Prove
For a theft conviction, the State must prove beyond a reasonable doubt:
- The defendant took, obtained, or exerted unauthorized control over another's property
- The taking was without the owner's authorization or consent
- The defendant intended to deprive the owner of the property
- The value of the property meets the threshold for the charged classification
The intent element — the specific intent to permanently or substantially deprive the owner of their property — is the most frequently contested element in theft defense. Honest mistake, good faith belief in ownership, and claim of right are all potential defenses that negate the required intent.
Shoplifting in Maryland
Shoplifting falls under the unified theft statute. Under CL §7-104(e), there is a rebuttable presumption of theft when a person conceals unpurchased merchandise while on retail premises. This means a loss prevention officer's observation of concealment, without completed exit from the store, is generally sufficient to establish the presumption — though the defendant can rebut that presumption.
The value of the merchandise determines the classification. Shoplifting charges under $100 are misdemeanors but still result in a criminal record upon conviction. Even "minor" shoplifting charges can have significant employment consequences.
Theft convictions typically result in restitution orders requiring repayment of the value of stolen property. In shoplifting cases, retailers may also send civil demand letters seeking recovery under Maryland's civil shoplifting statute — these are separate from the criminal proceeding. An attorney can advise on how to handle civil demands in the context of your pending criminal case.