13-1807. Issuing a bad check; violation;
classification
A. A person commits issuing a bad check if the person issues or passes a check
knowing that the person does not have sufficient funds in or on deposit with the bank or
other drawee for the payment in full of the check as well as all other checks outstanding
at the time of issuance.
B. Any of the following is a defense to prosecution under this section:
1. The payee or holder knows or has been expressly notified before the drawing of
the check or has reason to believe that the drawer did not have on deposit or to the
drawer's credit with the drawee sufficient funds to ensure payment on its presentation.
2. The check is postdated and sufficient funds are on deposit with the drawee on
such later date for the payment in full of the check.
3. Insufficiency of funds results from an adjustment to the person's account by the
credit institution without notice to the person.
C. Nothing in this section prohibits prosecution for any other applicable criminal
offense.
D. Except as provided in subsection E of this section, issuing a bad check is a
class 1 misdemeanor.
E. Issuing a bad check in an amount of five thousand dollars or more is a class 6
felony if the person fails to pay the full amount of the check, including accrued
interest at the rate of twelve per cent per year and any other applicable fees pursuant
to this chapter, within sixty days after receiving notice pursuant to section 13-1808.
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