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UTAH STATUTES AND CODES
76-6-505 (Effective 11/01/10) - Issuing a bad check or draft -- Presumption.
76-6-505 (Effective 11/01/10). Issuing a bad check or draft -- Presumption.
(1) (a) Any person who issues or passes a check or draft for the payment of money, forthe purpose of obtaining from any person, firm, partnership, or corporation, any money, property,or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it willnot be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad checkor draft.
(b) For purposes of this Subsection (1), a person who issues a check or draft for whichpayment is refused by the drawee is presumed to know the check or draft would not be paid if hehad no account with the drawee at the time of issue.
(2) Any person who issues or passes a check or draft for the payment of money, for thepurpose of obtaining from any person, firm, partnership, or corporation, any money, property, orother thing of value or paying for any services, wages, salary, labor, or rent, payment of whichcheck or draft is legally refused by the drawee, is guilty of issuing a bad check or draft if he failsto make good and actual payment to the payee in the amount of the refused check or draft within14 days of his receiving actual notice of the check or draft's nonpayment.
(3) An offense of issuing a bad check or draft shall be punished as follows:
(a) If the check or draft or series of checks or drafts made or drawn in this state within aperiod not exceeding six months amounts to a sum that is less than $500, the offense is a class Bmisdemeanor.
(b) If the check or draft or checks or drafts made or drawn in this state within a periodnot exceeding six months amounts to a sum that is or exceeds $500 but is less than $1,500, theoffense is a class A misdemeanor.
(c) If the check or draft or checks or drafts made or drawn in this state within a period notexceeding six months amounts to a sum that is or exceeds $1,500 but is less than $5,000, theoffense is a felony of the third degree.
(d) If the check or draft or checks or drafts made or drawn in this state within a periodnot exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a seconddegree felony.
(1) (a) Any person who issues or passes a check or draft for the payment of money, forthe purpose of obtaining from any person, firm, partnership, or corporation, any money, property,or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it willnot be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad checkor draft.
(b) For purposes of this Subsection (1), a person who issues a check or draft for whichpayment is refused by the drawee is presumed to know the check or draft would not be paid if hehad no account with the drawee at the time of issue.
(2) Any person who issues or passes a check or draft for the payment of money, for thepurpose of obtaining from any person, firm, partnership, or corporation, any money, property, orother thing of value or paying for any services, wages, salary, labor, or rent, payment of whichcheck or draft is legally refused by the drawee, is guilty of issuing a bad check or draft if he failsto make good and actual payment to the payee in the amount of the refused check or draft within14 days of his receiving actual notice of the check or draft's nonpayment.
(3) An offense of issuing a bad check or draft shall be punished as follows:
(a) If the check or draft or series of checks or drafts made or drawn in this state within aperiod not exceeding six months amounts to a sum that is less than $500, the offense is a class Bmisdemeanor.
(b) If the check or draft or checks or drafts made or drawn in this state within a periodnot exceeding six months amounts to a sum that is or exceeds $500 but is less than $1,500, theoffense is a class A misdemeanor.
(c) If the check or draft or checks or drafts made or drawn in this state within a period notexceeding six months amounts to a sum that is or exceeds $1,500 but is less than $5,000, theoffense is a felony of the third degree.
(d) If the check or draft or checks or drafts made or drawn in this state within a periodnot exceeding six months amounts to a sum that is or exceeds $5,000, the offense is a seconddegree felony.
Amended by Chapter 193, 2010 General Session
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