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PARRIS N. GLENDENING, Governor
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Ch. 26
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7-107. BAD CHECKS — PROSECUTION AS THEFT.
(A) SCOPE OF SECTION.
A PERSON WHO OBTAINS PROPERTY OR A SERVICE BY A BAD CHECK UNDER
THE CIRCUMSTANCES DESCRIBED IN TITLE 8, SUBTITLE 1 OF THIS ARTICLE MAY NOT
BE PROSECUTED FOR THEFT UNDER THIS PART UNLESS THAT PERSON:
(1) MAKES A FALSE REPRESENTATION THAT THERE ARE SUFFICIENT
FUNDS IN THE DRAWEE BANK TO COVER THE CHECK; AND
(2) COMMITS DECEPTION AS PROVIDED UNDER § 7-104(B) OR (E) OF THIS
PART.
(B) PRESUMPTIONS.
IF A PERSON IS PROSECUTED FOR THEFT UNDER THIS SECTION, THE
PRESUMPTIONS OF § 8-104 OF THIS ARTICLE APPLY TO THE SAME EXTENT AS IF THE
PERSON WERE PROSECUTED UNDER § 7-104 OF THIS PART.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 344(c).
In subsection (a) of this section, the reference to "[a] person" is substituted
for the former reference to "the defendant" for clarity.
In subsection (a)(1) of this section, the former reference to "false
representations" is deleted in light of the reference to a "false
representation", the singular form of the term. See Art. 1, § 8.
In subsection (b) of this section, the reference to a prosecution for theft
"under this section" is added for clarity.
Throughout this section, other references to a "person" are added for
clarity.
Defined terms: "Deception" § 7-101
"Obtain" § 7-101
"Person" § 1-101
"Property" § 7-101
"Service" § 7-101
"Theft" § 7-101
7-108. CHARGING DOCUMENTS.
(A) THEFT OTHER THAN TAKING A MOTOR VEHICLE.
AN INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING DOCUMENT
FOR THEFT UNDER THIS PART, OTHER THAN FOR TAKING A MOTOR VEHICLE UNDER
§ 7-105 OF THIS PART, IS SUFFICIENT IF IT SUBSTANTIALLY STATES: "(NAME OF
DEFENDANT) ON (DATE) IN (COUNTY) STOLE (PROPERTY OR SERVICES STOLEN) OF
(NAME OF VICTIM), HAVING A VALUE OF (LESS THAN $500, OR $500 OR MORE) IN
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- 539 -
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