Aviso de cheque sin fondos - Penal - Palabras clave: cheque sin fondos, cheque sin fondos
Note: This summary is not intended to be an
all inclusive summary of the law of bad checks, but does contain basic
and other provisions.
Criminal Provisions
Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds 21-1541.1. Obtaining or Attempting to Obtain Property by Trick or Deception - False Statements or Pretenses - Confidence Game - Penalty.
Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, of a value less than Five Hundred Dollars ($500.00), by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the confidence game, or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds 21-1541.2. Value of fifty dollars or more but less than Five Hundred Dollars Value of Five Hundred Dollars or more Penalties.
If the value of the money, property or valuable thing referred to in Section 1541.1 of this title is One Thousand Dollars ($1,000.00) or more, any person convicted pursuant to this section shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment, and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.
Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds 21-1541.3. False or Bogus Checks, Drafts, Etc. Penalty.
Any person making, drawing, uttering or delivering two or more false or bogus checks, drafts or orders, as defined by Section 1541.4 of this title, the total sum of which is One Thousand Dollars ($1,000.00) or more, even though each separate instrument is written for less than One Thousand Dollars ($1,000.00), all in pursuance of a common scheme or plan to cheat and defraud, shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term not more than ten (10) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. If the total sum of two or more false or bogus checks, drafts or orders is Five Hundred Dollars ($500.00) or more, but less than One Thousand Dollars ($1,000.00), the person shall be guilty of a felony and shall be punished by incarceration in the county jail for not more than one (1) year or by incarceration in the county jail one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.
Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds 21-1541.4. False or Bogus Check or Checks Defined.
A. The term false or bogus check or checks shall include checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given:
1. In exchange for money or property;
2. In exchange for any benefit or thing of value;
3. As a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof; or
4. As payment made to a landlord under a lease or rental agreement.
B. The making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five (5) days from the date the same is presented for payment; and provided, further, that the check or order is presented for payment within thirty (30) days after same is delivered and accepted.
C. A check offered for the purchase of goods or livestock that is refused by a drawee shall not be considered to be an extension of credit by the seller of goods or livestock to the maker or drawer of the check.
D. A check or order offered to a merchant in payment on an open account of the maker with the merchant shall mean a check or order given in exchange for a benefit or thing of value, notwithstanding that the merchant may debit the account of the maker or impose other charges pursuant to applicable law in the event the check or order is not honored.
