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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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CRIMINAL LAW |
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TITLE 8. FRAUD AND RELATED CRIMES |
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SUBTITLE 1. BAD CHECKS |
§ 8-101. Definitions
Latest version.
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(a) In general. -- In this subtitle the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection is new language derived without substantive change from the introductory language of former Art. 27, § 140.
(b) Check. -- "Check" means a negotiable instrument that is not postdated at the time it is issued.
** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(a).
** REVISOR'S NOTE
The former reference to "any check, draft, or other" negotiable instrument is deleted as included in the reference to "a negotiable instrument".
** REVISOR'S NOTE
The former reference to a negotiable instrument "of any kind" is deleted as surplusage.
(c) Drawer. -- "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.
** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(b).
** REVISOR'S NOTE
The reference to the signature "on the check" is added for clarity.
** REVISOR'S NOTE
The reference to the signature being that "of the person" is substituted for the former reference to that "of himself" for clarity.
** REVISOR'S NOTE
The former reference to the drawer "of a check" is deleted as surplusage.
** DEFINED TERM:
"Person" § 1-101
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(d) Funds. -- "Funds" means money or credit.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(c). **
(e) Issue. -- "Issue", with respect to a check, means the act of a drawer or representative drawer who: **
(1) 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 **
(2) 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.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(j).
REVISOR'S NOTE
This subsection is restated in standard language used to define a term.
REVISOR'S NOTE
Throughout this title the references to "issu[ing]" a check are substituted for the former references to "uttering" a check, draft, or other negotiable instrument for consistency with the Commercial Law Article and with modern commercial practice. See, e.g., CL § 3-105.
REVISOR'S NOTE
The reference to issuing "with respect to" a check is added to clarify the application of the defined term.
REVISOR'S NOTE
The reference to acquiring a right "as a result of the delivery" is substituted for the former reference to acquiring a right "thereby" for clarity.
REVISOR'S NOTE
The reference to the intent that "[the check] be delivered to a person who on delivery would acquire a right assignable with respect to the check drawer" is substituted for the former reference to intent that it be "so" delivered for clarity.
"Person" § 1-101
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(f) Obtain. -- "Obtain" has the meaning stated in § 7-101 of this article.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(e). **
(g) Pass. -- "Pass", with respect to a check, means delivering the check by a payee, holder, or bearer of the check, if: **
(1) the check was or purports to have been drawn and issued by a person other than the person delivering the check; and **
(2) 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.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(f).
REVISOR'S NOTE
This subsection is restated in standard language used to define a term.
REVISOR'S NOTE
The reference to passing "with respect to" a check is added to clarify the application of the defined term.
REVISOR'S NOTE
The reference to "a person other than the person delivering the check" is substituted for the former reference to "another" for clarity.
REVISOR'S NOTE
The reference to delivery made to a third person who acquires a right "or" for a purpose other than collection is added for clarity.
"Person" § 1-101
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(h) Property. -- "Property" has the meaning stated in § 7-101 of this article.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(g). **
(i) Representative drawer. -- "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the drawer.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(h).
REVISOR'S NOTE
The defined term "drawer" is substituted for the former reference to "the person whose name appears thereon as principal drawer or obligor" since by definition "a person whose name appears on a check as the primary obligor" is the "drawer".
"Person" § 1-101
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(j) Service. -- "Service" includes: **
(1) labor or professional service; **
(2) telecommunication, public utility, toll facility, or transportation services; **
(3) lodging, entertainment, or restaurant service; and **
(4) the use of computers, data processing, or other equipment.
SPECIAL REVISOR'S NOTE
As enacted by Ch. 26, Acts of 2002, this subsection was new language derived without substantive change from former Art. 27, § 140(i). However, Ch. 42, Acts of 2002, added a new item (4) to this subsection, including in the definition of service "the use of computers, data processing, or other equipment".
SPECIAL REVISOR'S NOTE
The former words "but is not limited to" were deleted by Ch. 26 as surplusage in light of Art. 1, § 30.
SPECIAL REVISOR'S NOTE
The Criminal Law Article Review Committee noted, for the consideration of the General Assembly, that the definition of "service" in this subsection, though similar to that stated in § 7-101 of this article, did not explicitly include "the use of computers, data processing, or other equipment" found in § 7-101 of this article. Because other definitions in this section cross-reference parallel definitions in § 7-101 of this article, the General Assembly was asked to consider conforming this definition to the term "service" as defined in § 7-101 of this article for consistency in the treatment of theft and fraud crimes. Chapter 42 addressed this concern. **
(k) Value. -- "Value" has the meaning stated in § 7-103 of this article.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 140(k).