§ 76-6-505 — Issuing a bad check or draft -- Presumption.

(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) (2)(a) (2)(a)(i) An actor commits issuing a bad check or draft if:

(2)(a)(i)(A) the actor issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent;
(2)(a)(i)(B) the actor knows the check or draft will not be paid by the drawee; and
(2)(a)(i)(C) payment is refused by the drawee.
(2)(a)(ii) For purposes of this Subsection (2)(a), an actor who issues a check or draft for which payment is refused by the drawee is presumed to know the check or draft would not be paid if the actor had no account with the drawee at the time of issue.
(2)(b) An actor commits issuing a bad check or draft if:
(2)(b)(i) the actor issues or passes a check or draft for:

(2)(b)(i)(A) the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value; or
(2)(b)(i)(B) paying for any services, wages, salary, labor, or rent;
(2)(b)(ii) payment of the check or draft is legally refused by the drawee; and
(2)(b)(iii) the actor fails to make good and actual payment to the payee in the amount of the refused check or draft within 14 days of the actor receiving actual notice of the check or draft's nonpayment.
(3) A violation of Subsection (2)(a) or (b) is punished as follows:

(3)(a) if the check or draft or series of checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is less than $500, the offense is a class B misdemeanor;
(3)(b) if the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $500 but is less than $1,500, the offense is a class A misdemeanor;
(3)(c) if the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $1,500 but is less than $5,000, the offense is a third degree felony; or
(3)(d) if the check or draft or checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a second degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Legislative History

Amended by Chapter 111, 2023 General Session