§ 54-189. Issuing worthless checks.

(a)

It shall be unlawful for any person to commit the crime of issuing worthless checks.

(b)

Issuing worthless checks is the issuing in exchange for anything of value, with intent to defraud, of any check, draft or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank or other depository for the payment of such check, draft or order in full upon its presentation.

(1)

This section shall apply to a check, draft, or order tendered for satisfaction, in whole or in part, of payments due on installment contracts, open accounts, or any other obligation for which the creditor has authorized periodic payments or the extension of time in which to pay.

(2)

This provision shall apply to a check, draft, or order for the payment of money given for a motor vehicle when such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.

(3)

For purposes of this section, an open account shall include accounts where checks are tendered as payment.

a.

In advance of receipt, in whole or in part, for telecommunication facilities or services.

b.

For deposits, prepayments, or payments for the lease or rent of a rental motor vehicle, pursuant to a lease or rental agreement.

(c)

The offender's failure to pay such check, draft or order within ten days after receipt by him of written notice of its nonpayment, upon presentation or upon return of written notice sent by United States mail, as certified mail, properly addressed to the offender, with sufficient postage affixed thereto, to the address furnished by the offender at the time of the issuing of such check, shall be presumptive evidence of his intent to defraud.

(d)

Issuing worthless checks is also the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money, when the offender knows at the time of the issuing that the account designated on the check, draft, or order has been closed, or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft, or order.

(e)

When the amount of the check or checks is less than $100.00, the offender shall be imprisoned for not more than six months, or may be fined not more than $500.00, or both.

(f)

When the offender has issued more than one worthless check within a 180-day period, the amount of several or all worthless checks issued during that 180-day period may be aggregated to determine the grade of the offense.

(g)

In addition to any other fine or penalty imposed under this section, the court shall order as part of the sentence, restitution in the amount of the check or checks, plus a $15.00 per check service charge payable to the person or entity that initially honored the worthless check or checks or an authorized collection agency or justice of the peace.

(Code 1956, § 42-40)

State law reference

Similar provisions, R.S. 14:71.