Disjunctive Actus Reus

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V. Disjunctive actus reus

Some offenses may be proven disjunctively, meaning that they can be committed in in one of multiple ways. If, for example, there are five ways to commit an offense, the State may allege as little as one method or as many as all five methods. The State need prove only one method to obtain a conviction. However, if the State proves all five methods, it is still only one offense. The following are examples of offenses with a disjunctive actus reus.

A. Misconduct in office

"A person can be found guilty of misconduct in office under one or more of the three types of behavior: (1) misfeasance, (2) malfeasance, and (3) nonfeasance." Pinheiro v. State, 244 Md. App. 703, 721 (2020) (quoting Sewell v. State, 239 Md. App. 571, 601 (2018).

B. Theft

Theft is committed by: (1) willfully exerting unauthorized control over property; (2) obtaining property through fraud or deception; (3) possessing stolen property; or (4) obtaining control over knowingly lost or mislaid property. Md. Code Ann., Crim. Law § 7-104.

C. Fourth degree burglary

Fourth degree burglary is committed by: (1) breaking and entering into the dwelling of another; (2) breaking and entering into the "storehouse" of another (with "storehouse" defined as locations such as barns, trailers, piers, and storerooms); (3) being in or on a dwelling, storehouse, or yard with...

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