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§ 8-105. Obtaining property or services by bad check--Limitation on prosecution

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, § 8-105
Formerly cited as MD CODE Art. 27, § 144
§ 8-105. Obtaining property or services by bad check--Limitation on prosecution
Currentness
In general--Prosecution as theft
(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.
Delay of prosecution
(b)(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.
Lesser included crimes
(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.

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, § 144.
MD Code, Criminal Law, § 8-105, MD CRIM LAW § 8-105
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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