Title 8. Fraud and Related Crimes — Subtitle 1. Bad Checks

In this subtitle the following words have the meanings indicated.

“Check” means a negotiable instrument that is not postdated at the time it is issued.

“Drawer” means a person whose name appears on a check as the primary obligor, whether the actual signature on the check is that of the person or of another purportedly authorized to draw the check on the person’s behalf.

“Funds” means money or credit.

“Issue”, with respect to a check, means the act of a drawer or representative drawer who:

“Obtain” has the meaning stated in § 7-101 of this article.

“Pass”, with respect to a check, means delivering the check by a payee, holder, or bearer of the check, if:

“Property” has the meaning stated in § 7-101 of this article.

“Representative drawer” means a person who signs a check as drawer in a representative capacity or as agent of the drawer.

“Service” includes:

“Value” has the meaning stated in § 7-103 of this article.

For purposes of this subtitle, a drawer has insufficient funds with a drawee to cover a check when the drawer has with the drawee:

A check dishonored for “no account” has been dishonored for “insufficient funds”.

A person may not obtain property or services by issuing a check if:

A person may not obtain property or services by issuing a check if:

A person may not issue a check if:

A person may not obtain property or services by passing a check if:

A person may not obtain property or services by passing a check if:

The drawer or representative drawer is presumed to know that there are insufficient funds whenever the drawer of a check has insufficient funds with the drawee to cover the check and other outstanding checks when issuing the check.

The drawer or representative drawer of a dishonored check is presumed to have intended or believed that the check would be dishonored on presentment if:

A notice of protest of a check, or a certificate under oath of an authorized representative of the drawee declaring the dishonor of a check, the drawer’s lack of an account, or that the drawer had insufficient funds introduced in evidence is presumptive evidence, that:

The fact that a drawer or representative drawer, without the consent of the payee, stopped or countermanded the payment of the check, or otherwise caused the drawee to disregard, dishonor, or refuse to recognize the check without returning or tendering the return of the property obtained, is presumptive evidence that the drawer or representative drawer had the intent when issuing the check to stop or countermand payment or otherwise cause the drawee to disregard, dishonor, or refuse to recognize the check.

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:

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.

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 5 years or a fine not exceeding $10,000 or both if:

Except as provided in subsections (b) and (d) of this section, a person who obtains property or services with a value of at least $100 but less than $1,500 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 1 year or a fine not exceeding $500 or both.

if the property has been recovered or is in the defendant’s possession or control, may order restoration of the property to any person with a property interest in it;

to the extent that the property is not restored or compensation has not been provided for the services, may order restitution of the value of the property or services obtained to be paid to:

may order the defendant to pay a collection fee of up to $35, for each check, to:

A person may not pay a fine or cost imposed by a court by delivering a check issued by the person or another person if:

A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $100 or both.