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: delivers the check or causes it to be delivered to a person who acquires a right against the drawer with respect to the check as a result of the delivery; or draws the check with the intent that it be delivered to a person who on delivery would acquire a right assignable with respect to the check drawer and the check is delivered to that person. “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: the check was or purports to have been drawn and issued by a person other than the person delivering the check; and the delivery was made to a third person who acquires a right with respect to the check as a result of the delivery or for a purpose other than collection. “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: labor or professional service; telecommunication, public utility, toll facility, or transportation services; lodging, entertainment, or restaurant service; and the use of computers, data processing, or other equipment. “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: no account; only a closed account; no funds; or funds in an amount that is less than the amount needed to cover the check. 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: the person knows that there are insufficient funds with the drawee to cover the check and other outstanding checks; the person intends or believes when issuing the check that payment will be refused by the drawee on presentment; and payment of the check is refused by the drawee on presentment. A person may not obtain property or services by issuing a check if: when issuing the check, the person knows that the person or, in the case of a representative drawer, the person’s principal intends, without the consent of the payee, to stop or countermand the payment of the check, or otherwise to cause the drawee to disregard, dishonor, or refuse to recognize the check; and payment is refused by the drawee on presentment. A person may not issue a check if: the check is in payment for services provided or to be provided by: an employee of the drawer or representative drawer; or an independent contractor hired by the drawer or representative drawer; the drawer or representative drawer: intends or believes when issuing the check that payment will be refused by the drawee on presentment; or knows that the drawer or, in the case of a representative drawer, the principal of the representative drawer has insufficient funds with the drawee to cover the check and other outstanding checks; the employee of the drawer or representative drawer or an independent contractor hired by the drawer or representative drawer passes the check to a third person; and payment is refused by the drawee on presentment. A person may not obtain property or services by passing a check if: the person knows that the drawer of the check has insufficient funds with the drawee to cover the check and other outstanding checks; the person intends or believes when passing the check that payment will be refused by the drawee on presentment; and payment of the check is refused by the drawee on presentment. A person may not obtain property or services by passing a check if: the person knows that: payment of the check has been stopped or countermanded; or the drawee of the check will disregard, dishonor, or refuse to recognize the check; and payment is refused by the drawee on presentment.

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: the drawer had no account with the drawee when issuing the check; or when issuing the check, the drawer had insufficient funds with the drawee to cover the check and other outstanding checks; the check was presented to the drawee for payment not more than 30 days after the date of issuing the check; and the drawer had insufficient funds with the drawee at the time of presentment. 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 check was dishonored by the drawee; and the drawer had: no account with the drawee when the check was issued; or insufficient funds with the drawee at the time of presentment and issuing of the check. 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: 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 the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check. 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. 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: is the drawer; and did not have an account with the drawee when the check was issued. 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 with a value of at least $1,500 but less than $25,000 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 5 years or a fine not exceeding $10,000 or both. A person who obtains property or services with a value of at least $25,000 but less than $100,000 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 10 years or a fine not exceeding $15,000 or both. A person who obtains property or services with a value of $100,000 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 20 years or a fine not exceeding $25,000 or both. 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: each check that is issued is for at least $1,500 but less than $25,000 and is issued to the same person within a 30–day period; and the cumulative value of the property or services is at least $1,500 but less than $25,000. 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. 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. 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.

In addition to the penalties provided in § 8-106 of this subtitle, if a person obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle, on conviction, the court: 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: any person having a property interest in the property; or the person who provided the services; and may order the defendant to pay a collection fee of up to $35, for each check, to: any person with a property interest in the property; or the person who provided the services.

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: the person knows that payment of the check has not been provided for; and payment of the check is refused by the drawee on presentment. 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.