§ 5-37-307 — Knowingly issuing worthless check

(a) A person commits an offense if he or she issues or passes a check, order, draft, or any other form of presentment involving the transmission of account information for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check, order, draft, or any other form of presentment involving the transmission of account information, as well as any other check, order, draft, or any other form of presentment involving the transmission of account information outstanding at the time of issuance. (b) (1) This section and § 21-6-411 do not apply to a preexisting debt or a situation in which nothing of value was acquired. (2) However, this section and § 21-6-411 do apply to a payment of rent, child support, consignment, tax, license, fee, fine, and court costs. (c) (1) This section does not prevent the prosecuting attorney from establishing the required knowledge by direct evidence. (2) However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check, order, draft, or any other form of presentment involving the transmission of account information if: (A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or (B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within ten (10) days after receiving notice of that refusal. (d) Notice for purposes of this section shall be by the procedure as set forth in §§ 5-37-303 and 5-37-304 . (e) If notice is given, it is presumed that the notice was received no later than five (5) days after it was sent. (f) An offense under this section is a violation and is punishable as provided in § 5-4-104 . (g) This act is cumulative to all other acts and shall not repeal any other act.

Legislative History

Acts 1985 (1st Ex. Sess.), No. 33, §§ 1, 4; A.S.A. 1947, §§ 67-726, 67-728n; Acts 1987, No. 69, § 2; 1987, No. 678, § 2; 1991, No. 1051, § 2; 1995, No. 335, § 4; 2001, No. 996, § 4; 2001, No. 1466, § 4; 2011, No. 1012, § 5.