A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.
Terms Used In Arizona Laws 13-1807
- check: means any check, draft or other negotiable or nonnegotiable instrument of any kind. See Arizona Laws 13-1801
- credit: means an express agreement with the drawee for the payment of a check. See Arizona Laws 13-1801
- felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- funds: means money or credit. See Arizona Laws 13-1801
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
B. Any of the following is a defense to prosecution under this section:
1. The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment on its presentation.
2. The check is postdated and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check.
3. Insufficiency of funds results from an adjustment to the person’s account by the credit institution without notice to the person.
C. Nothing in this section prohibits prosecution for any other applicable criminal offense.
D. Except as provided in subsection E of this section, issuing a bad check is a class 1 misdemeanor.
E. Issuing a bad check in an amount of five thousand dollars or more is a class 6 felony if the person fails to pay the full amount of the check, including accrued interest at the rate of twelve per cent per year and any other applicable fees pursuant to this chapter, within sixty days after receiving notice pursuant to section 13-1808.