2006 Ohio Revised Code - 2913.11. Passing bad checks.
(A) As used in this section:
(1) "Check" includes any form of debit from a demand deposit account, including, but not limited to any of the following:
(a) A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non-negotiable instrument;
(b) An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
(2) "Issue a check" means causing any form of debit from a demand deposit account.
(B) No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.
(C) For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:
(1) The drawer had no account with the drawee at the time of issue or the stated date, whichever is later;
(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
(D) For purposes of this section, a person who issues or transfers a check, bill of exchange, or other draft is presumed to have the purpose to defraud if the drawer fails to comply with section 1349.16 of the Revised Code by doing any of the following when opening a checking account intended for personal, family, or household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a valid driver's or commercial driver's license or identification card issued under section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another identification document that contains false information;
(3) Making a false statement with respect to the drawer's current address or any additional relevant information reasonably required by the financial institution.
(E) In determining the value of the payment for purposes of division (F) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (A) of this section within a period of one hundred eighty consecutive days.
(F) Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of five hundred dollars or more but less than five thousand dollars or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand dollars or more but less than five thousand dollars, passing bad checks is a felony of the fifth degree. If the check or checks or other negotiable instrument or instruments are for the payment of five thousand dollars or more but less than one hundred thousand dollars, passing bad checks is a felony of the fourth degree. If the check or checks or other negotiable instrument or instruments are for the payment of one hundred thousand dollars or more, passing bad checks is a felony of the third degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 1-5-83); 139 v H 269 (Eff 1-5-83); 141 v H 49 (Eff 6-26-86); 143 v H 711 (Eff 10-16-90); 146 v S 2. Eff 7-1-96; 150 v H 401, § 1, eff. 5-18-05.
Not analogous to former RC § 2913.11 (GC § 13097-1; 115 v 46; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
Analogous to former RC § 2911.11.1 (132 v S 97), repealed 134 v H 511, § 2, eff 1-1-74.
The effective date is set by section 6 of SB 2.
Effect of Amendments
150 v H 401, effective May 18, 2005, added present (A) and (E) and redesignated the remaining subsections accordingly; in present (B), added "or knowing that a person ... negotiable instrument" to the end; and rewrote (F).
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section is a modified version of a former bad check law, and in addition consolidates a number of other former offenses dealing with passing bad bills of lading, warehouse receipts, and other negotiable instruments.
The free flow of commercial paper has been and is of great importance to commerce and thus to the economy, and the rationale which supports the new offense is the necessity for protecting negotiability. Accordingly, the section is broadly drawn to prohibit placing or keeping in circulation any negotiable instrument which the offender knows will not be honored, whether because it is drawn on an account which does not exist or has insufficient funds, or for another reason.
The section declares that an offender is presumed to know a negotiable instrument will be dishonored if he has no account with the drawee, or if the account contains insufficient funds. When there are insufficient funds, the presumption of knowledge of dishonor does not arise unless the instrument is presented for payment within 30 days of issue or the stated date, whichever is later, and unless the instrument is not paid or satisfied within 10 days after notice of dishonor. Non-existent accounts and insufficient funds are the two most common reasons why negotiable paper is dishonored, but they are not the only ones, and evidence may be introduced to show that an offender knew an instrument would be dishonored because of some other defect.
It should be noted that the meaning and effect of "issue" and "transfer" of a negotiable instrument, and the meaning of "negotiable instrument" are covered in existing Title 13 and specifically in Chapter 1303. of the Revised Code.
Passing bad checks is a misdemeanor of the first degree. If the check or other negotiable instrument involved is for payment of $150 or more, or, regardless of the instrument's face value, if the offender has previously been convicted of a theft offense, then passing bad checks is a felony of the fourth degree.
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