Ohio § 2913.11

§ 2913.11.

(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) In determining the value of the payment for purposes of division (E) 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. (E) 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 one thousand

dollars or more but less than seven thousand five hundred 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 five hundred dollars

or more but less than seven thousand five hundred 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 seven thousand five hundred dollars or more but less than one hundred fifty

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 fifty thousand dollars or more, passing bad checks is a felony

of the third degree.