H.B. 926                                                 VETOES

(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.

8-106.

(a)     A person who obtains property or services with a value of $500 or more by
issuing or passing a check in violation of § 8-103 of this subtitle is guilty of a felony
and on conviction is subject to imprisonment not exceeding 15 years or a fine not
exceeding $1,000 or both.

(b)     A person who obtains property or services by issuing or passing more than
one check in violation of § 8-103 of this subtitle is guilty of a felony and on conviction
is subject to imprisonment not exceeding 15 years or a fine not exceeding $1,000 or
both if:

(1)     each check that is issued is for less than $500 and is issued to the
same person within a 30-day period; and

(2)     the cumulative value of the property or services is $500 or more.

(c)      [A] EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF THIS SECTION,
A person who obtains property or services with a value of less than $500 by issuing or
passing a check in violation of § 8-103 of this subtitle is guilty of a misdemeanor and
on conviction is subject to imprisonment not exceeding 18 months or a fine not
exceeding $100 or both.

(D)     (1) A PERSON WHO OBTAINS PROPERTY OR SERVICES WITH A VALUE OF
LESS THAN $100 BY ISSUING OR PASSING A CHECK IN VIOLATION OF § 8-103 OF THIS
SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 90 DAYS OR A FINE NOT EXCEEDING $500 OR BOTH.

(2) IT IS NOT A DEFENSE TO THE CRIME OF 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 THAT THE VALUE OF THE PROPERTY OR
SERVICES AT ISSUE IS $100 OR MORE.

8-206.

(a) A person may not for the purpose of obtaining money, goods, services, or
anything of value, and with the intent to defraud another, use:

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