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§ 8-103. Obtaining property or services by bad check

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 8. Fraud and Related Crimes
Subtitle 1. Bad Checks
MD Code, Criminal Law, § 8-103
Formerly cited as MD CODE Art. 27, § 141
§ 8-103. Obtaining property or services by bad check
Currentness
Prohibited--Issuing check with knowledge of insufficient funds
(a) A person may not obtain property or services by issuing a check if:
(1) the person knows that there are insufficient funds with the drawee to cover the check and other outstanding checks;
(2) the person intends or believes when issuing the check that payment will be refused by the drawee on presentment; and
(3) payment of the check is refused by the drawee on presentment.
Prohibited--Issuing check with intent to stop payment
(b) A person may not obtain property or services by issuing a check if:
(1) when issuing the check, the person knows that the person or, in the case of a representative drawer, the person's principal intends, without the consent of the payee, to stop or countermand the payment of the check, or otherwise to cause the drawee to disregard, dishonor, or refuse to recognize the check; and
(2) payment is refused by the drawee on presentment.
Prohibited--Issuing check with intent that payment be refused--Check passed to third party
(c) A person may not issue a check if:
(1) the check is in payment for services provided or to be provided by:
(i) an employee of the drawer or representative drawer; or
(ii) an independent contractor hired by the drawer or representative drawer;
(2) the drawer or representative drawer:
(i) intends or believes when issuing the check that payment will be refused by the drawee on presentment; or
(ii) knows that the drawer or, in the case of a representative drawer, the principal of the representative drawer has insufficient funds with the drawee to cover the check and other outstanding checks;
(3) the employee of the drawer or representative drawer or an independent contractor hired by the drawer or representative drawer passes the check to a third person; and
(4) payment is refused by the drawee on presentment.
Prohibited--Passing check with knowledge that drawer has insufficient funds
(d) A person may not obtain property or services by passing a check if:
(1) the person knows that the drawer of the check has insufficient funds with the drawee to cover the check and other outstanding checks;
(2) the person intends or believes when passing the check that payment will be refused by the drawee on presentment; and
(3) payment of the check is refused by the drawee on presentment.
Prohibited--Passing check with knowledge of stopped payment or dishonor
(e) A person may not obtain property or services by passing a check if:
(1) the person knows that:
(i) payment of the check has been stopped or countermanded; or
(ii) the drawee of the check will disregard, dishonor, or refuse to recognize the check; and
(2) payment is refused by the drawee on presentment.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 130, § 1, eff. Oct. 1, 2004.
Formerly Art. 27, § 141.
MD Code, Criminal Law, § 8-103, MD CRIM LAW § 8-103
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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