ROBERT L. EHRLICH, JR., Governor                             Ch. 130

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.

(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.

(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.

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