Maryland Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Maryland, theft becomes a felony when the property or services are worth "at least $1,500" (Md. Code, Criminal Law 7-104(g)(1)). Below that line theft is a misdemeanor, and above it the maximum climbs from 5 years to 20 years as the value rises. Shoplifting is not a separate crime: Criminal Law 7-102 folds it into the single crime of theft, so the value of the merchandise sets the penalty. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maryland state theft law in Title 7, Subtitle 1 of the Criminal Law Article (Sections 7-101 through 7-106 and 7-113 through 7-116) and Sections 7-202, 7-203 and 7-205 of Subtitle 2, the fourth-degree burglary rule in Criminal Law 6-205(c) where it overlaps store theft, and the shoplifting civil remedies and merchant detention rules in the Courts and Judicial Proceedings Article (Sections 3-1301 through 3-1307 and 5-402). It does not cover federal theft offenses, county or city codes, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Maryland

Maryland merged the old property crimes into one. Criminal Law 7-102(a) provides:

"Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as: (1) larceny; (2) larceny by trick; (3) larceny after trust; (4) embezzlement; (5) false pretenses; (6) shoplifting; and (7) receiving stolen property."

Section 7-104 then describes the ways theft can be committed. Under 7-104(a), "a person may not willfully or knowingly obtain or exert unauthorized control over property, if the person: (1) intends to deprive the owner of the property; (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property." The other subsections cover obtaining control "by willfully or knowingly using deception" (7-104(b)), possessing stolen personal property "knowing that it has been stolen, or believing that it probably has been stolen" (7-104(c)), keeping lost or misdelivered property without taking reasonable measures to restore it (7-104(d)), and obtaining services "by deception" or knowing they are provided without consent (7-104(e)).

"Deprive" is defined in 7-101(c) to mean withholding 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 disposing of or dealing with it in a way that makes restoration unlikely. Theft by deception overlaps with fraud; schemes of that kind are covered in our guide to Maryland scam and fraud laws.

Maryland theft penalties by value

The penalties are set in 7-104(g) itself, value tier by value tier. Every tier also requires the person to "restore the property taken to the owner or pay the owner the value of the property or services."

The boundaries are written as "at least" figures, so property worth exactly $1,500 falls in the first felony tier, and exactly $100 falls in the $100-to-$1,500 misdemeanor tier rather than the under-$100 tier.

How value is measured

Under 7-103(a), value means "the market value of the property or service at the time and place of the crime," or, if that "cannot satisfactorily be ascertained, the cost of the replacement of the property or service within a reasonable time after the crime." Doubt about value cuts toward the lower tier: under 7-103(e), when it cannot be determined whether the value is more or less than $1,500, "the value is deemed to be less than $1,500," and the same rule applies at the $100 line.

Since October 1, 2026, 7-103(h) (Chapters 456 and 457 of 2026) sets the value of a gift card as the greatest of the highest value listed on the card or its packaging ($100 if no value is listed), the value the defendant represented the card to have, or "the amount of loss incurred by any person involving the use of the gift card."

Repeat offenses, aggregation and time limits

Four or more priors. Under 7-104(g)(4), "a person who has four or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $1,500 under paragraph (2) of this subsection" is guilty of a misdemeanor and "is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both." Paragraph (2) is the tier of at least $100 but less than $1,500, so this rule does not reach a theft under $100, and the prior convictions can be any convictions under Title 7, Subtitle 1, not only theft. Under 7-104(g)(5), the court may not impose those penalties "unless the State's Attorney serves notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial" that the State will seek them, listing the alleged prior convictions.

Aggregation. Under 7-103(f)(1), when theft is committed "under one scheme or continuing course of conduct, whether from the same or several sources," the conduct "may be considered as one crime" and the values "may be aggregated in determining whether the theft is a felony or a misdemeanor." Since October 1, 2025, 7-103(f)(2) adds that thefts by the same person "in multiple counties under one scheme or continuing course of conduct may be joined and prosecuted in any county in which any one of the thefts occurred."

Time limit for misdemeanor theft. Under 7-104(i), a prosecution for a theft under $1,500 "shall be commenced within 2 years after the commission of the crime." For limits on other offenses, see the Maryland statute of limitations guide.

Fuel drive-offs. When a person is convicted under 7-104 "for failure to pay for motor fuel after the motor fuel was dispensed into a vehicle," 7-104(h) requires the court to notify the person that the person's driver's license may be suspended under Transportation Article 16-206.1 and to notify the Motor Vehicle Administration.

Section 7-104 grades theft by value and prior record; it contains no list of property that is a felony regardless of value. Taking a motor vehicle is also covered by its own sections, 7-105 and 7-203, described below.

Shoplifting in Maryland

Shoplifting is one of the "separate crimes formerly known as" that 7-102(a) folds into theft, so it is prosecuted and graded under 7-104 like any other theft. Merchandise worth at least $1,500 puts a shoplifting charge in the felony tier, and prior convictions under the theft subtitle count toward the repeat-offense rules above.

The burglary subtitle has a separate misdemeanor that can reach the same conduct. Under Criminal Law 6-205(c), "A person, with the intent to commit theft, may not be in or on" "the dwelling or storehouse of another," and "storehouse" includes "a building or other construction" and "a storeroom or public building" (6-201(h)(2)). A violation is "the misdemeanor of burglary in the fourth degree," with "imprisonment not exceeding 3 years" (6-205(e)). Under 6-205(f), a person convicted of theft under 7-104 "may not also be convicted of violating subsection (c) of this section based on the act establishing the violation of § 7-104."

Merchant detention

Courts and Judicial Proceedings 5-402(a) gives merchants civil immunity for detentions and arrests. A merchant or its agent or employee "who detains or causes the arrest of any person shall not be held civilly liable for detention, slander, malicious prosecution, false imprisonment, or false arrest" if the merchant "had, at the time of the detention or arrest, probable cause to believe that the person committed the crime of 'theft,' as prohibited by § 7-104 of the Criminal Law Article, of property of the merchant from the premises of the merchant."

Organized retail theft

The Organized Retail Theft Act of 2025 (Chapters 191 and 192 of 2025, Senate Bill 11 and House Bill 179) created Criminal Law 7-104.1, effective October 1, 2025. Organized retail theft means "the commission, either alone or in concert with one or more other persons, of a series of thefts of retail merchandise from one or more retail merchants over a 90-day period with the intent to: (i) permanently deprive the merchant of the merchandise; (ii) return the merchandise to the merchant for monetary or other gain; or (iii) resell, trade, or barter the merchandise for monetary or other gain." Despite the name, one person acting alone can commit it.

Value here is broader than for ordinary theft. Under 7-104.1(a)(3)(ii), it "includes the market value of any property damaged in furtherance of the crime and any costs to repair, replace, or restock any damaged or stolen property."

Subsection (b) prohibits organized retail theft "with an aggregate value exceeding $1,500," while the penalty tiers in subsection (c) begin "at least $1,500." The penalties match the felony theft tiers:

Under 7-104.1(d), the section "does not preclude prosecution for theft under § 7-104," but if a person is convicted under both for the same acts, the organized retail theft conviction "shall merge for sentencing purposes" into the theft conviction. Under 7-104.1(e), on the State's Attorney's request the court decides whether a theft, burglary, robbery or related firearm conviction (or probation before judgment) was organized retail theft, with the State bearing the burden "by a preponderance of the evidence," and that finding is reported to the Criminal Justice Information System Central Repository.

Can a store demand money after shoplifting in Maryland?

Maryland's civil shoplifting statute, Courts and Judicial Proceedings Title 3, Subtitle 13, lets a merchant recover actual losses rather than a flat penalty. Under 3-1302, a "responsible person" must restore the merchandise or, if it "is not recoverable, has been damaged, or otherwise has lost all or part of its value," pay "an amount equal to the merchant's stated sales price for the merchandise," and pay "any other actual damages sustained by the merchant, not including the loss of time or wages incurred in connection with the apprehension or prosecution of the shoplifter or employee." Under 3-1301(f), responsible persons include the individual, adult or minor, and "the parents or legal guardians of an unemancipated minor who commits or attempts to commit an act of shoplifting or employee theft."

The procedure is strict:

• First letter. Under 3-1303(a), a merchant seeking these damages must send "an initial demand letter, prepared by a lawyer admitted to practice law in the State," by hand delivery or certified mail. It must identify the alleged act, state the damages sought, give at least 15 days to pay, and carry a conspicuous notice that payment "does not preclude the possibility of criminal prosecution" but is not admissible as evidence of guilt. It must also state that a person who disputes liability "may refuse to pay the damages" and, if that person prevails in a civil suit, is entitled to court costs and reasonable attorney's fees.
• Second letter. If payment is not received, 3-1303(b) requires a second lawyer-prepared letter by certified mail, with the same notices and at least 10 days from its postmark to pay.
• Lawsuit. Under 3-1305, the merchant may sue only if the second letter is returned unclaimed or payment is not made by its deadline, and must prove it complied with the letter requirements. The prevailing side, merchant or responsible person, is entitled to court costs and reasonable attorney's fees.
• Effect of paying. Under 3-1304, a person who "complies fully" with either letter by its deadline "may not incur any further civil liability to the merchant" for that act. Under 3-1306, criminal prosecution is not a prerequisite to the civil action, recovering damages "does not preclude criminal prosecution," the payment "is not admissible in any criminal proceeding as an admission of guilt," and any later restitution is reduced by the amount paid.

Under 3-1307, these procedures do not stop a merchant from pursuing "any other civil remedy or cause of action for damages" permitted by law. The statute sets what a merchant can recover and how it must ask; it does not decide whether a specific demand is valid. A lawyer licensed in Maryland can advise on a particular letter.

Other theft offenses with their own grades

Title 7 of the Criminal Law Article also contains these offenses, each with its own penalty (7-202, 7-203 and 7-205 sit in Subtitle 2; the rest in Subtitle 1):

Under 7-105(d), taking a motor vehicle can be prosecuted alongside theft of the vehicle under 7-104. Under 7-203(c), "it is not a defense" that the person meant to keep the property only "for the person's present use and not with the intent of appropriating or converting the property."

Recent changes

• October 1, 2025: Chapters 191 and 192 of 2025 (Senate Bill 11 and House Bill 179, the Organized Retail Theft Act of 2025) created the organized retail theft felony in 7-104.1, counted damage and restocking costs in its value, and added 7-103(f)(2), which lets multi-county thefts under one scheme be joined and prosecuted in any one of those counties.
• October 1, 2026: Chapters 456 and 457 of 2026 (Senate Bill 437 and House Bill 752) added 7-103(h), which sets how a gift card is valued for theft grading.

Related legal issues

• Obtaining the property of a vulnerable adult or of someone at least 68 years old by deception, intimidation or undue influence is a separate crime under Criminal Law 8-801, graded on the same value tiers, with up to 1 year, a fine up to $500, or both below $1,500.
• Misuse of another person's identifying information is covered in our guide to Maryland identity theft laws.
• Whether a theft record can be removed is covered in Maryland expungement laws.
• Time limits for other charges and civil claims are in the Maryland statute of limitations guide.

Federal theft offenses are covered on the theft laws by state hub.

Related

• Theft laws by state
• Maryland scam and fraud laws
• Maryland identity theft laws
• Maryland expungement laws
• Maryland statute of limitations

This article provides general legal information about Maryland theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Maryland.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Maryland?

Theft becomes a felony when the property or services are worth at least $1,500 (Md. Code, Criminal Law 7-104(g)(1)). Below $1,500 it is a misdemeanor.

Is stealing $1,500 a felony in Maryland?

Yes. The felony tier covers property worth at least $1,500 but less than $25,000, so exactly $1,500 is a felony, with up to 5 years, a fine up to $10,000, or both.

What is the penalty for theft under $100 in Maryland?

It is a misdemeanor with up to 90 days, a fine up to $500, or both, and the person must restore the property or pay its value (7-104(g)(3)).

Is shoplifting a felony in Maryland?

Shoplifting is theft under 7-102 and 7-104, so it is a felony when the merchandise is worth at least $1,500. A series of retail thefts over 90 days can also be charged as organized retail theft under 7-104.1. Separately, being in or on the storehouse of another (defined to include a building) with intent to commit theft is fourth-degree burglary, a misdemeanor with up to 3 years, but a person convicted of theft under 7-104 may not also be convicted of it for the same act (Criminal Law 6-201(h), 6-205(c), (e), (f)).

Does Maryland have petty theft and grand theft?

Not by those names. Maryland grades a single theft crime by value: misdemeanor tiers under $100 and from $100 to under $1,500, and felony tiers from $1,500 up.

Can a store demand money after shoplifting in Maryland?

A merchant may seek the stated sales price of unrecovered or damaged merchandise plus other actual damages, but must first send two demand letters prepared by a Maryland lawyer (CJP 3-1302, 3-1303). The letters must state that the person may refuse to pay if disputing liability.

Does paying a shoplifting demand letter stop prosecution in Maryland?

No. Under CJP 3-1306, recovering civil damages does not preclude criminal prosecution, but the payment is not admissible as evidence of guilt and reduces any restitution ordered for the same act.

Can several thefts be added together in Maryland?

Yes. Thefts under one scheme or continuing course of conduct may be treated as one crime and their values aggregated to decide whether the theft is a felony (7-103(f)).