§ 8-105. Obtaining property or services by bad check -- Limitation on prosecution

   (a) In general -- Prosecution as theft. -- 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) Delay of prosecution. --

   (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) Lesser included offense status not available unless charged. -- 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.

HISTORY: An. Code 1957, art. 27, § 144; 2002, ch. 26, § 2; 2004, ch. 130.