Section 26.05.915. Making, drawing, or uttering check, draft, or order without sufficient funds.

A member of the militia who makes, draws, utters, or delivers a check, draft, or order for the payment of money on a bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full on its presentment, with intent to defraud for the procurement of any article or thing of value or with intent to deceive for the payment of a past due obligation or for another purpose, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct. The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of the person's intent to defraud or deceive and of the knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment. In this section, "credit" means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.

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History

(Sec. 4 ch 55 SLA 2016)