Section 3-401 - Definitions.
§ 3-401. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 27, § 486(a)(1).
In this subsection and throughout this subtitle, the references to this "subtitle" are substituted for the former references to this "subheading" to reflect the reorganization of material derived from the former "Robbery" subheading of Article 27.
No other changes are made.
(b) Deprive.- "Deprive" means to withhold property of another:
(1) permanently;
(2) for a period that results in the appropriation of a part of the property's value;
(3) with the purpose to restore it only on payment of a reward or other compensation; or
(4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 486(a)(2).
In item (4) of this subsection, the reference to disposing "or" using property is substituted for the former reference to disposing "and" using property for clarity. The Criminal Law Article Review Committee calls this substitution to the attention of the General Assembly.
(c) Obtain.- "Obtain" means:
(1) in relation to property, to bring about a transfer of interest in or possession of the property; and
(2) in relation to a service, to secure the performance of the service.
Revisor's Note.
This subsection formerly was Art. 27, § 486(a)(3).
In item (1) of this subsection, the former reference to transferring "to the offender or to another" is deleted as unnecessary.
The only other changes are in style.
(d) Property.-
(1) "Property" means anything of value.
(2) "Property" includes:
(i) real estate;
(ii) money;
(iii) a commercial instrument;
(iv) an admission or transportation ticket;
(v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;
(vi) a thing growing on, affixed to, or found on land, or that is part of or affixed to any building;
(vii) electricity, gas, and water;
(viii) a bird, animal, or fish that ordinarily is kept in a state of confinement;
(ix) food or drink;
(x) a sample, culture, microorganism, or specimen;
(xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;
(xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:
1. scientific, technical, merchandising, production, or management information; or
2. designed process, procedure, formula, invention, trade secret, or improvement;
(xiii) a financial instrument; and
(xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 486(a)(4).
In item (2)(xii)1 of this subsection, a comma is added between "merchandising" and "production" for clarity.
In item (2)(xii)2 of this subsection, the phrase "designed process," is retained, although substituting the phrase "design, process," may be more accurate. The Criminal Law Article Review Committee calls this retention to the attention of the General Assembly.
In item (2)(xiv) of this subsection, the former reference to "other tangible or intangible items of value" is deleted as included in the comprehensive reference to "anything of value" in paragraph (1) of this subsection.
(e) Robbery.- "Robbery" retains its judicially determined meaning except that:
(1) robbery includes obtaining the service of another by force or threat of force; and
(2) robbery requires proof of intent to withhold property of another:
(i) permanently;
(ii) for a period that results in the appropriation of a part of the property's value;
(iii) with the purpose to restore it only on payment of a reward or other compensation; or
(iv) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 486(b) and (a)(2).
In item (2) of this subsection, the substance of the defined term "deprive" is substituted for the former reference to "depriv[ing]" for clarity.
(f) Service.- "Service" includes:
(1) labor or professional service;
(2) telecommunication, public utility, toll facility, or transportation service;
(3) lodging, entertainment, or restaurant service; and
(4) the use of computers, data processing, or other equipment.
Revisor's Note.
This subsection formerly was Art. 27, § 486(a)(5).
The only changes are in style.
[An. Code 1957, art. 27, § 486(a), (b); 2002, ch. 26, § 2.]