2012 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 4 - Offenses Against Property
Chapter 37 - Forgery and Fraudulent Practices
Subchapter 3 - -- Worthless Checks
§ 5-37-305 - Penalties.


AR Code § 5-37-305 (2012) What's This?

(a) Upon a determination of guilt of a person under § 5-37-302, in the event that the order, draft, check, or other form of presentment involving the transmission of account information is one thousand dollars ($1,000) or less, the penalties shall be as follows:

(1) For a first offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisonment in the county jail or regional detention facility not to exceed thirty (30) days, or both;

(2) For a second offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail or regional detention facility not to exceed ninety (90) days, or both; and

(3) For a third or subsequent offense, the person is guilty of an unclassified misdemeanor and shall receive a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment in the county jail or regional detention facility not to exceed one (1) year, or both.

(b) (1) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on a nonexistent account is a Class B felony if:

(A) The amount of any one (1) instrument or transaction is twenty-five thousand dollars ($25,000) or more; or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than twenty-five thousand dollars ($25,000), and the total amount of all such instruments or transactions is twenty-five thousand dollars ($25,000) or more.

(2) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class C felony if:

(A) The amount of any one (1) instrument or transaction is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the total amount of all such instruments or transactions is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000).

(3) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class D felony if:

(A) The amount of any one (1) instrument or transaction is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the total amount of all such instruments or transactions is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000).

(4) Making, uttering, or delivering one (1) or more instruments or transactions drawn on insufficient funds or drawn on nonexistent accounts is a Class A misdemeanor if:

(A) The amount of any one (1) instrument or transaction is one thousand dollars ($1,000) or less; or

(B) More than one (1) instrument or transaction has been drawn within a ninety-day period, each instrument or transaction is in an amount of one thousand dollars ($1,000) or less, and the total amount of all such instruments or transactions is one thousand dollars ($1,000) or less.

(5) Under subdivisions (b)(1)(B) and (b)(2)(B) of this section, each instrument or transaction may be added together in a single prosecution.

(c) (1) Any court passing sentence upon a person convicted of any offense under §§ 5-37-301 -- 5-37-306 may also order the person to make full restitution to the plaintiff or complaining party.

(2) All court costs may be taxed to the convicted defendant.

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