Section 11.46.280. Issuing a bad check.

   (a) A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee.
   (b) In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if
        (1) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or
        (2) the drawer had no account with the drawee at the time the check was issued.
   (c) In this section,
        (1) "amount due" means the face amount of the dishonored check plus all costs and protest fees assessed by the drawee;
        (2) "check" means a draft, check, or similar sight order for the payment of money, but does not include a postdated check or a promissory note;
        (3) a person "issues" a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.
   (d) Issuing a bad check is
        (1) a class B felony if the face amount of the check, adjusted for inflation as provided in AS 11.46.982, is $25,000 or more;
        (2) a class C felony if the face amount of the check, adjusted for inflation as provided in AS 11.46.982, is $1,000 or more but less than $25,000;
        (3) a class A misdemeanor if the face amount of the check, adjusted for inflation as provided in AS 11.46.982, is $250 or more but less than $1,000;
        (4) a class B misdemeanor if the face amount of the check, adjusted for inflation as provided in AS 11.46.982, is less than $250.

Authorities

9.68.115;12.55.135

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

7 AAC 10.905
AS 9.68.115 .115">Sec. 09.68.115. Bad check civil penalties.
AS 12.55.135 Sentences of imprisonment for misdemeanors.

History

(Sec. 4 ch 166 SLA 1978; am Sec. 10 ch 83 SLA 2014; am Sec. 12 ch 36 SLA 2016)