Section 8-105 - Obtaining property or services by bad check - Limitation on prosecution. - Maryland Statutes

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

(a)  In general - Prosecution as theft.- 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)  Delay of prosecution.-  

(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)  Lesser included offense status not available unless charged.- 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. 
 

[An. Code 1957, art. 27, § 144; 2002, ch. 26, § 2; 2004, ch. 130.]