21-3707.Giving a worthless check.(a) Giving a worthless check is the making, drawing, issuing or deliveringor causing or directing the making, drawing, issuing or delivering of anycheck, order or draft on any bank, credit union, savings and loanassociation or depository for the payment of money or its equivalent withintent to defraud and knowing, at the time of the making, drawing, issuingor delivering of such check, order or draft, that the maker or drawer hasno deposit in or credits with the drawee or has not sufficient funds in, orcredits with, the drawee for the payment of such check, order or draft infull upon its presentation.
(b) In any prosecution against the maker or drawer of a check, orderor draft payment, of which has been refused by the drawee on account ofinsufficient funds, the making, drawing, issuing or delivering of suchcheck shall be prima facie evidence of intent to defraud and ofknowledge of insufficient funds in, or on deposit with, the drawee: (1)Unlessthe maker or drawer pays the holder thereof the amount due thereon and aservice charge not exceeding $30 for each check, within sevendays afternotice has been given to the maker or drawer that such check, draft ororder has not been paid by the drawee. As used in this section, "notice"includes oral or written notice to the person entitled thereto. Writtennotice shall be presumed to have been given when deposited as restrictedmatter in the United States mail, addressed to theperson to be givennotice at such person's address as it appears on such check, draft or order;or (2) if a postdated date is placed on the check, order or draft without theknowledge or consent of the payee.
(c) In addition to all other costs and fees allowed by law, eachprosecuting attorney who takes any action under the provisions of this sectionmay collect from the issuer in such action an administrative handling cost,except in cases filed in a court of appropriate jurisdiction. The cost shallnot exceed $10 for each check. If the issuer of the check is convicted indistrict court, the administrative handling costs may be assessed as part ofthe court costs in the matter. The moneys collected pursuant to this subsectionshall be deposited into a trust fund which shall be administered by the boardof county commissioners. The funds shall be expended only with the approval ofthe board of county commissioners, but may be used to help fund the normaloperating expenses of the county or district attorney's office.
(d) It shall not be a defense to a prosecution under thissectionthat the check, draft or order upon which such prosecution is based:
(1) Was postdated, unless such check, draft or order was presented forpayment prior to the postdated date; or
(2) was given to a payee who had knowledge or had been informed,when the payee accepted such check, draft or order, that the maker did not havesufficient funds in the hands of the drawee to pay such check, draft ororder upon presentation, unless such check, draft or order was presented forpayment prior to the date the maker informed the payee there would besufficient funds.
(e) (1) (A) Giving a worthless check is a severity level7, nonperson felony if the check, draftor order is drawn for $25,000 or more.
(B) Giving a worthless check more than once within a seven-day period isa severity level 7, nonperson felony, if the combined total of the checks,drafts or ordersis $25,000 or more.
(2) (A) Giving a worthless check is a severity level 9, nonpersonfelony if the check, draftor order is drawn for at least $1,000 but less than $25,000.
(B) Giving a worthless check more than once within a seven-day period is aseveritylevel 9, nonperson felony, if the combined total of the checks, drafts orordersis at least $1,000 but less than $25,000.
(3) Giving a worthless check is a class A nonperson misdemeanor if thecheck, draft or order is drawn for less than $1,000.
(4) Giving a worthless check, draft or order drawn for lessthan $1,000 is a severity level 9, nonperson felony ifcommittedby a person who has, within fiveyears immediately preceding commission of the crime, been convicted of giving aworthless check two or more times.
21-3707.Giving a worthless check.(a) Giving a worthless check is the making, drawing, issuing or deliveringor causing or directing the making, drawing, issuing or delivering of anycheck, order or draft on any bank, credit union, savings and loanassociation or depository for the payment of money or its equivalent withintent to defraud and knowing, at the time of the making, drawing, issuingor delivering of such check, order or draft, that the maker or drawer hasno deposit in or credits with the drawee or has not sufficient funds in, orcredits with, the drawee for the payment of such check, order or draft infull upon its presentation.
(b) In any prosecution against the maker or drawer of a check, orderor draft payment, of which has been refused by the drawee on account ofinsufficient funds, the making, drawing, issuing or delivering of suchcheck shall be prima facie evidence of intent to defraud and ofknowledge of insufficient funds in, or on deposit with, the drawee: (1)Unlessthe maker or drawer pays the holder thereof the amount due thereon and aservice charge not exceeding $30 for each check, within sevendays afternotice has been given to the maker or drawer that such check, draft ororder has not been paid by the drawee. As used in this section, "notice"includes oral or written notice to the person entitled thereto. Writtennotice shall be presumed to have been given when deposited as restrictedmatter in the United States mail, addressed to theperson to be givennotice at such person's address as it appears on such check, draft or order;or (2) if a postdated date is placed on the check, order or draft without theknowledge or consent of the payee.
(c) In addition to all other costs and fees allowed by law, eachprosecuting attorney who takes any action under the provisions of this sectionmay collect from the issuer in such action an administrative handling cost,except in cases filed in a court of appropriate jurisdiction. The cost shallnot exceed $10 for each check. If the issuer of the check is convicted indistrict court, the administrative handling costs may be assessed as part ofthe court costs in the matter. The moneys collected pursuant to this subsectionshall be deposited into a trust fund which shall be administered by the boardof county commissioners. The funds shall be expended only with the approval ofthe board of county commissioners, but may be used to help fund the normaloperating expenses of the county or district attorney's office.
(d) It shall not be a defense to a prosecution under thissectionthat the check, draft or order upon which such prosecution is based:
(1) Was postdated, unless such check, draft or order was presented forpayment prior to the postdated date; or
(2) was given to a payee who had knowledge or had been informed,when the payee accepted such check, draft or order, that the maker did not havesufficient funds in the hands of the drawee to pay such check, draft ororder upon presentation, unless such check, draft or order was presented forpayment prior to the date the maker informed the payee there would besufficient funds.
(e) (1) (A) Giving a worthless check is a severity level7, nonperson felony if the check, draftor order is drawn for $25,000 or more.
(B) Giving a worthless check more than once within a seven-day period isa severity level 7, nonperson felony, if the combined total of the checks,drafts or ordersis $25,000 or more.
(2) (A) Giving a worthless check is a severity level 9, nonpersonfelony if the check, draftor order is drawn for at least $1,000 but less than $25,000.
(B) Giving a worthless check more than once within a seven-day period is aseveritylevel 9, nonperson felony, if the combined total of the checks, drafts orordersis at least $1,000 but less than $25,000.
(3) Giving a worthless check is a class A nonperson misdemeanor if thecheck, draft or order is drawn for less than $1,000.
(4) Giving a worthless check, draft or order drawn for lessthan $1,000 is a severity level 9, nonperson felony ifcommittedby a person who has, within fiveyears immediately preceding commission of the crime, been convicted of giving aworthless check two or more times.
21-3707.Giving a worthless check.(a) Giving a worthless check is the making, drawing, issuing or deliveringor causing or directing the making, drawing, issuing or delivering of anycheck, order or draft on any bank, credit union, savings and loanassociation or depository for the payment of money or its equivalent withintent to defraud and knowing, at the time of the making, drawing, issuingor delivering of such check, order or draft, that the maker or drawer hasno deposit in or credits with the drawee or has not sufficient funds in, orcredits with, the drawee for the payment of such check, order or draft infull upon its presentation.
(b) In any prosecution against the maker or drawer of a check, orderor draft payment, of which has been refused by the drawee on account ofinsufficient funds, the making, drawing, issuing or delivering of suchcheck shall be prima facie evidence of intent to defraud and ofknowledge of insufficient funds in, or on deposit with, the drawee: (1)Unlessthe maker or drawer pays the holder thereof the amount due thereon and aservice charge not exceeding $30 for each check, within sevendays afternotice has been given to the maker or drawer that such check, draft ororder has not been paid by the drawee. As used in this section, "notice"includes oral or written notice to the person entitled thereto. Writtennotice shall be presumed to have been given when deposited as restrictedmatter in the United States mail, addressed to theperson to be givennotice at such person's address as it appears on such check, draft or order;or (2) if a postdated date is placed on the check, order or draft without theknowledge or consent of the payee.
(c) In addition to all other costs and fees allowed by law, eachprosecuting attorney who takes any action under the provisions of this sectionmay collect from the issuer in such action an administrative handling cost,except in cases filed in a court of appropriate jurisdiction. The cost shallnot exceed $10 for each check. If the issuer of the check is convicted indistrict court, the administrative handling costs may be assessed as part ofthe court costs in the matter. The moneys collected pursuant to this subsectionshall be deposited into a trust fund which shall be administered by the boardof county commissioners. The funds shall be expended only with the approval ofthe board of county commissioners, but may be used to help fund the normaloperating expenses of the county or district attorney's office.
(d) It shall not be a defense to a prosecution under thissectionthat the check, draft or order upon which such prosecution is based:
(1) Was postdated, unless such check, draft or order was presented forpayment prior to the postdated date; or
(2) was given to a payee who had knowledge or had been informed,when the payee accepted such check, draft or order, that the maker did not havesufficient funds in the hands of the drawee to pay such check, draft ororder upon presentation, unless such check, draft or order was presented forpayment prior to the date the maker informed the payee there would besufficient funds.
(e) (1) (A) Giving a worthless check is a severity level7, nonperson felony if the check, draftor order is drawn for $25,000 or more.
(B) Giving a worthless check more than once within a seven-day period isa severity level 7, nonperson felony, if the combined total of the checks,drafts or ordersis $25,000 or more.
(2) (A) Giving a worthless check is a severity level 9, nonpersonfelony if the check, draftor order is drawn for at least $1,000 but less than $25,000.
(B) Giving a worthless check more than once within a seven-day period is aseveritylevel 9, nonperson felony, if the combined total of the checks, drafts orordersis at least $1,000 but less than $25,000.
(3) Giving a worthless check is a class A nonperson misdemeanor if thecheck, draft or order is drawn for less than $1,000.
(4) Giving a worthless check, draft or order drawn for lessthan $1,000 is a severity level 9, nonperson felony ifcommittedby a person who has, within fiveyears immediately preceding commission of the crime, been convicted of giving aworthless check two or more times.
