Section 8-106 - Penalty.

§ 8-106. Penalty.
 

(a)  Obtaining property or services with value of $500 or more - One check.- A person who obtains property or services with a value of $500 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 15 years or a fine not exceeding $1,000 or both. 

(b)  Obtaining property or services with value of $500 or more - More than one check.- 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 15 years or a fine not exceeding $1,000 or both if: 

(1) each check that is issued is for less than $500 and is issued to the same person within a 30-day period; and 

(2) the cumulative value of the property or services is $500 or more. 

(c)  Obtaining property or services - Value less than $500.- Except as provided in subsections (b) and (d) of this section, a person who obtains property or services with a value of less than $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 18 months or a fine not exceeding $100 or both. 

(d)  Obtaining property or services - Value less than $100; certain defenses not available.-  

(1) 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. 

(2) 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. 
 

[An. Code 1957, art. 27, § 143(a)-(c); 2002, ch. 26, § 2; 2004, ch. 130.]