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46.4118 Passing bad checks.

Cite as [A.S.C.A. § 46.4118]

(a) A person commits the crime of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee.

(b) If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

(c) If the issuer has an account with the drawee, failure to pay the check or order within 10 days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

(d) Notice in writing means notice deposited as 1st class mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.

(e) The face amounts of any bad checks passed under 1 course of conduct or within any 10-day period may be aggregated in determining the grade of the offense.

(f) Passing bad checks is a class A misdemeanor unless:

(1) the face amount of the check or sight order or the aggregated amounts is $100 or more or

(2) the issuer had no account with the drawee or there was no such drawee at the time the check or order was issued, then passing bad checks is a class D felony.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 570.120, 15 ASC 502, 15 ASC 641.