| (2) |
| (a) |
| (i) |
An actor commits issuing a bad check or draft if:
| (A) |
the actor issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent; |
| (B) |
the actor knows the check or draft will not be paid by the drawee; and |
| (C) |
payment is refused by the drawee. |
|
| (ii) |
For purposes of this Subsection (2)(a), an actor who issues a check or draft for which payment is refused by the drawee is presumed to know the check or draft would not be paid if the actor had no account with the drawee at the time of issue. |
|
| (b) |
An actor commits issuing a bad check or draft if:
| (i) |
the actor issues or passes a check or draft for:
| (A) |
the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value; or |
| (B) |
paying for any services, wages, salary, labor, or rent; |
|
| (ii) |
payment of the check or draft is legally refused by the drawee; and |
| (iii) |
the actor fails to make good and actual payment to the payee in the amount of the refused check or draft within 14 days of the actor receiving actual notice of the check or draft's nonpayment. |
|
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