§ 8-105
217 words·~1 min read·
/md/criminal-law/8-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§8–105.
(a)A person who obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle may not be prosecuted under this article, if:
(1)other than falsely representing that there are sufficient funds with the drawee to cover the check, the issuing or passing of the check is not accompanied by a false representation; and
(2)the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check.
(1)A prosecution may not be commenced against a person described in subsection
(a)of this section earlier than 10 days after the drawee dishonors the check.
(2)A person who obtains property or services by issuing a check in violation of § 8-103 of this subtitle may be prosecuted immediately under this article, if the person issuing the check:
(i)is the drawer; and
(ii)did not have an account with the drawee when the check was issued.
(c)Unless specifically charged by the State, obtaining property or services with a value of less than $100 by issuing or passing a check in violation of § 8-103 of this subtitle, as provided in § 8-106(d) of this subtitle, may not be considered a lesser included crime of any other crime.