<?xml version='1.0' encoding='utf-8'?>
<section article="gcr" article_name="Criminal Law" number="8-105" title_number="8" title_name="Fraud and Related Crimes" subtitle_number="1" subtitle_name="Bad Checks">
  <level label="a">
    <text>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:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>is the drawer; and</text>
      </level>
      <level label="ii">
        <text>did not have an account with the drawee when the check was issued.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
</section>
