At what point is a bad check considerd a felony?
Full Question:
At what point is a bad check considerd a felony? How much time would a person do?
03/26/2007 |
Category: Debts and Cr... ยป Bad Checks |
State: West Virginia |
#2176
Answer:
The following are WV statutes:
§ 61-3-39. Obtaining property in return for worthless check; penalty.
It is unlawful for any person, firm or corporation to obtain
any money, services, goods or other property or thing of value
by means of a check, draft or order for the payment of money or
its equivalent upon any bank or other depository, knowing at
the time of the making, drawing, issuing, uttering or
delivering of the check, draft or order that there is not
sufficient funds on deposit in or credit with such bank or
other depository with which to pay the same upon presentation.
The making, drawing, issuing, uttering or delivery of any such
check, draft or order, for or on behalf of any corporation, or
its name, by any officer or agent of such corporation, shall
subject such officer or agent to the penalties of this section
to the same extent as though such check, draft or order was his
own personal act, when such agent or officer knows that such
corporation does not have sufficient funds on deposit in or
credit with such bank or depository from which such check,
draft or order can legally be paid upon presentment.
This section shall not apply to any such check, draft or
order when the payee or holder knows or has been expressly
notified prior to the acceptance of same or has reason to
believe that the drawer did not have on deposit or to his
credit with the drawee sufficient funds to insure payment as
aforesaid, nor shall this section apply to any postdated check,
draft or order.
No prosecution shall be confined to the provisions of this
section by virtue of the fact that worthless checks, drafts or
orders may be employed in the commission of some other criminal
act.
A person who violates the provisions of this section, if the
amount of the check, draft or order is less than five hundred
dollars, is guilty of a misdemeanor, and, upon conviction
thereof, the person shall be fined not more than two hundred
dollars, or confined in jail not more than six months, or both.
A person who violates the provisions of this section, if the
amount of the check, draft or order is five hundred dollars or
more, is guilty of a felony, and, upon conviction thereof, the
person shall be fined not more than five hundred dollars, or
imprisoned in the penitentiary not less than one year nor more
than ten years, or both.
(1911, c. 76; Code 1923, c. 145, § 34; 1929, c. 41; 1957,
c. 40; 1963, c. 35; 1977, c. 80; 1994, c. 108.)
Section 61-3-39a. Making, issuing, etc., worthless checks on a
preexisting debt; penalty.
(a) It is unlawful for any person, firm or corporation to make, draw,
issue, utter or deliver any check, draft or order for the payment of
money or its equivalent on a preexisting debt upon any bank or other
depository, knowing or having reason to know there is not sufficient
funds on deposit in or credit with the bank or other depository with
which to pay the check, draft or order upon presentation. The making,
drawing, issuing, uttering or delivering of any check, draft or order on
a preexisting debt, for or on behalf of any corporation, or its name, by
any officer or agent of the corporation, shall subject the officer or
agent to the penalty of this section to the same extent as though the
check, draft or order was his or her own personal act.
(b) This section shall not apply to any check, draft or order when the
payee or holder knows or has been expressly notified prior to the
acceptance of same or has reason to believe that the drawer did not have
on deposit or to his or her credit with the drawee sufficient funds to
insure payment as aforesaid, nor shall this section apply to any
postdated check, draft or order. This section shall not apply when the
insufficiency of funds or credit is caused by any adjustment to the
drawer's account by the bank or other depository without notice to the
drawer or is caused by the dishonoring of any check, draft or order
deposited in the account unless there is knowledge or reason to believe
that the check, draft or order would be dishonored.
(c) Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than
two hundred dollars; and upon a third or subsequent conviction thereof,
shall be fined not more than two hundred dollars, or confined in the
county or regional jail not more than ten days, or both.
