There is a newer version of the New Mexico Statutes
2014 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 36 Worthless Checks
Section 30-36-7 Intent to defraud; how established.
NM Stat § 30-36-7 (2014) What's This?
30-36-7. Intent to defraud; how established.
In the prosecution of offenses under the Worthless Check Act [30-36-1 NMSA 1978], the following rules of evidence shall govern:
A. if the maker or drawer of a check, payment of which is refused by the bank or depository upon which it is drawn because of no account in the name of the maker or drawer in the bank, proof of the fact that the maker or drawer had no account in the bank or depository upon which the check is drawn shall be prima facie evidence of an intent to defraud and of knowledge of insufficient funds in or credit with the bank or depository with which to pay the draft;
B. if the maker or drawer of a check, payment of which is refused by the bank or depository upon which it is drawn because of insufficient funds or credit in the account of the maker or drawer in the bank or depository, fails, within three business days after notice to him that the check was not honored by the bank or depository, to pay the check in full, together with any protest fees or costs thereon, such failure shall constitute prima facie evidence of a knowledge of the insufficiency of funds in the bank or depository at the time of the making or drawing of the check and of an intent to defraud.
History: 1953 Comp., 40-49-7, enacted by Laws 1965, ch. 114, 2; 1979, ch. 8, 1.
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