2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
4105 - Bad checks.

     § 4105.  Bad checks.
        (a)  Offense defined.--
            (1)  A person commits an offense if he issues or passes a
        check or similar sight order for the payment of money,
        knowing that it will not be honored by the drawee.
            (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.
        (b)  Presumptions.--For the purposes of this section as well
     as in any prosecution for theft committed by means of a bad
     check, the following shall apply:
            (1)  An issuer is presumed to know that the check or
        order (other than a post-dated check or order) would not be
        paid, if:
                (i)  payment was refused because the issuer had no
            such account with the drawee at the time the check or
            order was issued; or
                (ii)  payment was refused by the drawee for lack of
            funds, upon presentation within 30 days after issue, and
            the issuer failed to make good within ten days after
            receiving notice of that refusal.
        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)  A check or order stamped "NSF" or "insufficient
        funds" shall raise a presumption that payment was refused by
        the drawee for lack of funds.
            (3)  A check or order stamped "account closed" or "no
        such account" or "counterfeit" shall raise a presumption that
        payment was refused by the drawee because the issuer had no
        such account with the drawee at the time the check or order
        was issued.
        (c)  Grading.--
            (1)  An offense under this section is:
                (i)  a summary offense if the check or order is less
            than $200;
                (ii)  a misdemeanor of the third degree if the check
            or order is $200 or more but less than $500;
                (iii)  a misdemeanor of the second degree if the
            check or order is $500 or more but less than $1,000;
                (iv)  a misdemeanor of the first degree if the check
            or order is $1,000 or more but is less than $75,000; or
                (v)  a felony of the third degree if the check or
            order is $75,000 or more.
            (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.
        (e)  Costs.--Upon conviction under this section the sentence
     shall include an order for the issuer or passer to reimburse the
     payee or such other party as the circumstances may indicate for:
            (1)  The face amount of the check.
            (2)  Interest at the legal rate on the face amount of the
        check from the date of dishonor by the drawee.
            (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.
     (July 6, 1984, P.L.647, No.134, eff. 90 days; Dec. 20, 1996,
     P.L.1531, No.201, eff. 60 days; June 22, 2000, P.L.382, No.50,
     eff. 60 days; Dec. 18, 2007, P.L.462, No.70, eff. 60 days)

        2007 Amendment.  Act 70 amended subsec. (e).
        1996 Amendment.  Act 201 amended subsecs. (b) and (c).
        Cross References.  Section 4105 is referred to in section
     6122 of Title 7 (Banks and Banking); sections 3573, 3575, 8304
     of Title 42 (Judiciary and Judicial Procedure).

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