§ 29:223a — Article 123a. Making, drawing, or uttering check, draft, or order without sufficient

§223a. Article 123a. Making, drawing, or uttering check, draft, or order without sufficient
funds
A. Any person subject to this Code who, for the procurement of any article or thing
of value, with the intent to defraud, or for the payment of any past due obligation, or for any
other purpose, with the intent to deceive, makes, draws, utters, or delivers any check, draft,
or order for the payment of money upon any bank or other depository, knowing at the time
that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank
or other depository for the payment of that check, draft, or order in full upon its presentment,
shall be punished as a court-martial may direct.
B. The making, drawing, uttering, or delivering by a maker or drawer of a check,
draft, or order, payment of which is refused by the drawee because of insufficient funds of
the maker or drawer in the drawee's possession or control, is prima facie evidence of his
intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that
bank or other depository, unless the maker or drawer pays the holder the amount due within
five days after receiving notice, orally or in writing, that the check, draft, or order was not
paid on presentment. In this Article, the word "credit" means an arrangement or
understanding, express or implied, with the bank or other depository for the payment of that
check, draft, or order.

Legislative History

Acts 2022, No. 672, §1.