Oklahoma § 21-1541.4 - False or bogus check or checks defined; prima facie

§ 21-1541.4. False or bogus check or checks defined; prima facie

evidence of intent to defraud and knowledge of insufficient funds or

credit; effect of refusal by drawee of check offered for purchase of

goods or livestock.

A. The term "false or bogus check or checks" shall include

checks or orders, including those converted to electronic fund

transfer, which are not honored on account of insufficient funds of

the maker to pay same or because the check or order was drawn on a

Oklahoma Statutes - Title 21. Crimes and Punishments

closed account or on a nonexistent account when such checks or

orders are given:

1. In exchange for money or property;

2. In exchange for any benefit or thing of value;

3. As a down payment for the purchase of any item of which the

purchaser is taking immediate possession, as against the maker or

drawer thereof; or

4. As payment made to a landlord under a lease or rental

agreement.

B. The making, drawing, uttering, or delivering of a check,

draft, or order, payment of which is refused by the drawee, shall be

prima facie evidence of intent to defraud and the knowledge of

insufficient funds in, or credit with, such bank or other

depository; provided, such maker or drawer shall not have paid the

drawee thereof the amount due thereon, together with the protest

fees, within five (5) days from the date the same is presented for

payment; and provided, further, that the check or order is presented

for payment within thirty (30) days after same is delivered and

accepted.

C. A check offered for the purchase of goods or livestock that

is refused by a drawee shall not be considered to be an extension of

credit by the seller of goods or livestock to the maker or drawer of

the check.

D. A check or order offered to a merchant in payment on an open

account of the maker with the merchant shall mean "a check or order

given in exchange for a benefit or thing of value", notwithstanding

that the merchant may debit the account of the maker or impose other

charges pursuant to applicable law in the event the check or order

is not honored.

Added by Laws 1967, c. 94, § 4, emerg. eff. April 20, 1967. Amended

by Laws 1975, c. 124, § 1, emerg. eff. May 13, 1975; Laws 2002, c.

116, § 1, eff. Nov. 1, 2002; Laws 2009, c. 428, § 1, eff. Nov. 1,

2009; Laws 2013, c. 127, § 1, eff. Nov. 1, 2013; Laws 2014, c. 224,

§ 1, eff. Nov. 1, 2014.