What is the penalty for someone who passes a bad check?
In Indiana, criminal bad check penalties for a check under $2,500 may be up to $5,000 fine or up to one year in jail, or both.
Please see the following IN statute to determine applicability:
IC 35-43-5-5 (a) A person who knowingly or intentionally issues or....
(a) A person who knowingly or intentionally issues or delivers a check, a
draft, or an order on a credit institution for the payment of or to acquire
money or other property, knowing that it will not be paid or honored by the
credit institution upon presentment in the usual course of business,
commits check deception, a Class A misdemeanor. However, the offense is a
Class D felony if the amount of the check, draft, or order is at least two
thousand five hundred dollars ($2,500) and the property acquired by the
person was a motor vehicle.
(b) An unpaid and dishonored check, a draft, or an order that has the
drawee's refusal to pay and reason printed, stamped, or written on or
attached to it constitutes prima facie evidence:
(1) that due presentment of it was made to the drawee for payment and
dishonor thereof; and
(2) that it properly was dishonored for the reason stated.
(c) The fact that a person issued or delivered a check, a draft, or an
order, payment of which was refused by the drawee, constitutes prima facie
evidence that the person knew that it would not be paid or honored. In
addition, evidence that a person had insufficient funds in or no account
with a drawee credit institution constitutes prima facie evidence that the
person knew that the check, draft, or order would not be paid or honored.
(d) The following two (2) items constitute prima facie evidence of the
identity of the maker of a check, draft, or order if at the time of its
acceptance they are obtained and recorded, either on the check, draft, or
order itself or on file, by the payee:
(1) Name and residence, business, or mailing address of the maker.
(2) Motor vehicle operator's license number, Social Security number, home
telephone number, or place of employment of the maker.
(e) It is a defense under subsection (a) if a person who:
(1) has an account with a credit institution but does not have sufficient
funds in that account; and
(2) issues or delivers a check, a draft, or an order for payment on that
pays the payee or holder the amount due, together with protest fees and any
service fee or charge, which may not exceed the greater of twenty-seven
dollars and fifty cents ($27.50) or five percent (5%) (but not more than
two hundred fifty dollars ($250)) of the amount due, that may be charged by
the payee or holder, within ten (10) days after the date of mailing by the
payee or holder of notice to the person that the check, draft, or order has
not been paid by the credit institution. Notice sent in the manner set
forth in IC 26-2-7-3 constitutes notice to the person that the check,
draft, or order has not been paid by the credit institution. The payee or
holder of a check, draft, or order that has been dishonored incurs no civil
or criminal liability for sending notice under this subsection.
(f) A person does not commit a crime under subsection (a) when:
(1) the payee or holder knows that the person has insufficient funds to
ensure payment or that the check, draft, or order is postdated; or
(2) insufficiency of funds or credit results from an adjustment to the
person's account by the credit institution without notice to the person.
IC 35-50-3-2 A person who commits a Class A misdemeanor shall be....
A person who commits a Class A misdemeanor shall be imprisoned for a
fixed term of not more than one (1) year; in addition, he may be fined not
more than five thousand dollars ($5,000).