§ 14-107. Worthless checks. - North Carolina Statutes

§14‑107.  Worthless checks.

(a)        It is unlawful forany person, firm or corporation, to draw, make, utter or issue and deliver toanother, any check or draft on any bank or depository, for the payment of moneyor its equivalent, knowing at the time of the making, drawing, uttering,issuing and delivering the check or draft, that the maker or drawer of it hasnot sufficient funds on deposit in or credit with the bank or depository withwhich to pay the check or draft upon presentation.

(b)        It is unlawful forany person, firm or corporation to solicit or to aid and abet any other person,firm or corporation to draw, make, utter or issue and deliver to any person,firm or corporation, any check or draft on any bank or depository for thepayment of money or its equivalent, being informed, knowing or havingreasonable grounds for believing at the time of the soliciting or the aidingand abetting that the maker or the drawer of the check or draft has notsufficient funds on deposit in, or credit with, the bank or depository withwhich to pay the check or draft upon presentation.

(c)        The word"credit" as used in this section means an arrangement orunderstanding with the bank or depository for the payment of a check or draft.

(d)        A violation of thissection is a Class I felony if the amount of the check or draft is more thantwo thousand dollars ($2,000). If the amount of the check or draft is twothousand dollars ($2,000) or less, a violation of this section is a misdemeanorpunishable as follows:

(1)        Except as providedin subdivision (3) or (4) of this subsection, the person is guilty of a Class 2misdemeanor. Provided, however, if the person has been convicted three times ofviolating this section, the person shall on the fourth and all subsequentconvictions (i) be punished as for a Class 1 misdemeanor and (ii) be ordered,as a condition of probation, to refrain from maintaining a checking account ormaking or uttering a check for three years.

(2)        Repealed by SessionLaws 1999‑408, s. 1.

(3)        If the check ordraft is drawn upon a nonexistent account, the person is guilty of a Class 1misdemeanor.

(4)        If the check ordraft is drawn upon an account that has been closed by the drawer, or that thedrawer knows to have been closed by the bank or depository, prior to time thecheck is drawn, the person is guilty of a Class 1 misdemeanor.

(e)        In deciding toimpose any sentence other than an active prison sentence, the sentencing judgeshall consider and may require, in accordance with the provisions of G.S. 15A‑1343,restitution to the victim for (i) the amount of the check or draft, (ii) anyservice charges imposed on the payee by a bank or depository for processing thedishonored check, and (iii) any processing fees imposed by the payee pursuantto G.S. 25‑3‑506, and each prosecuting witness (whether or notunder subpoena) shall be entitled to a witness fee as provided by G.S. 7A‑314which shall be taxed as part of the cost and assessed to the defendant. (1925,c. 14; 1927, c. 62; 1929, c. 273, ss. 1, 2; 1931, cc. 63, 138; 1933, cc. 43,64, 93, 170, 265, 362, 458; 1939, c. 346; 1949, cc. 183, 332; 1951, c. 356;1961, c. 89; 1963, cc. 73, 547, 870; 1967, c. 49, s. 1; c. 661, s. 1; 1969, c.157; c. 876, s. 1; cc. 909, 1014; c. 1224, s. 10; 1971, c. 243, s. 1; 1977, c.885; 1979, c. 837; 1983, c. 741; 1991, c. 523, s. 1; 1993, c. 374, s. 2; c.539, ss. 45, 1182; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996),c. 742, s. 11; 1999‑408, s. 1.)