§ 4105. Bad checks
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: February 19, 2008
Effective: February 19, 2008
18 Pa.C.S.A. § 4105
§ 4105. Bad checks
(2) A person commits an offense if he, knowing that it will not be honored by the drawee, issues or passes a check or similar sight order for the payment of money when the drawee is located within this Commonwealth. A violation of this paragraph shall occur without regard to whether the location of the issuance or passing of the check or similar sight order is within or outside of this Commonwealth. It shall be no defense to a violation of this section that some or all of the acts constituting the offense occurred outside of this Commonwealth.
Notice of refusal may be given to the issuer orally or in writing by any person. Proof that notice was sent by registered or certified mail, regardless of whether a receipt was requested or returned, to the address printed on the check or, if none, then to the issuer's last known address, shall raise a presumption that the notice was received.
(2) When the offense is a third or subsequent offense within a five-year period, regardless of the amount of the check or order and regardless of the grading of the prior offenses, an offense under this section is a misdemeanor of the first degree unless the amount of the check or order involved in the third or subsequent offense is $75,000 or more, then the offense is a felony of the third degree.
(d) Venue.--An offense under subsection (a) may be deemed to have been committed at either the place where the defendant issues or passes the bad check or similar sight order for the payment of money or the place where the financial institution upon which the bad check or similar sight order for the payment of money was drawn is located.
(3) A service charge if written notice of the service charge was conspicuously displayed on the payee's premises when the check was issued. The service charge shall not exceed $50 unless the payee is charged fees in excess of $50 by financial institutions as a result of such bad check or similar sight order for the payment of money. If the payee is charged fees in excess of $50, then the service charge shall not exceed the actual amount of the fees.
Credits
1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1984, July 6, P.L. 647, No. 134, § 3, effective in 90 days; 1996, Dec. 20, P.L. 1531, No. 201, § 1, effective in 60 days; 2000, June 22, P.L. 382, No. 50, § 1, effective in 60 days; 2007, Dec. 18, P.L. 462, No. 70, § 1, effective in 60 days [Feb. 19, 2008].
18 Pa.C.S.A. § 4105, PA ST 18 Pa.C.S.A. § 4105
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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