§ 5-37-305 - Penalties. - Arkansas Statutes

5-37-305. Penalties.

(a) Upon a determination of guilt, in the event that the order, draft, check, or other form of presentment involving the transmission of account information is five hundred dollars ($500) or less, the penalties shall be as follows:

(1) First Offense. A fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisonment in the county jail or regional detention facility not to exceed thirty (30) days, or both;

(2) Second Offense. A fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail or regional detention facility not to exceed ninety (90) days, or both; and

(3) Third and Subsequent Offenses. A fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment in the county jail or regional detention facility not to exceed one (1) year, or both.

(b) (1) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on a nonexistent account is a Class B felony if:

(A) The amount of any one (1) instrument or transaction is two thousand five hundred dollars ($2,500) or more; or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, and each instrument or transaction is in an amount less than two thousand five hundred dollars ($2,500), and the total amount of all such instruments or transactions is two thousand five hundred dollars ($2,500) or more.

(2) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class C felony if:

(A) The amount of any one (1) instrument or transaction is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than five hundred dollars ($500), and the total amount of all such instruments or transactions is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500).

(3) Under subdivisions (b)(1)(B) and (b)(2)(B) of this section, each instrument or transaction may be added together in a single prosecution.

(c) (1) Any court passing sentence upon a person convicted of any offense, pursuant to a provision of 5-37-301--5-37-306, may also order the person to make full restitution to the plaintiff or complaining party.

(2) All court costs may be taxed to the convicted defendant.