Maryland Statutes
Subtitle 1 - Bad Checks
Section 8-105 - Obtaining Property or Services by Bad Check -- Limitation on Prosecution

(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.

Structure Maryland Statutes