D.C. Code § 22-1510

Current through codified legislation effective October 30, 2024

Section 22-1510 - Making, drawing, or uttering check, draft, or order with intent to defraud; proof of intent; "credit" defined

Any person within the District of Columbia who, with intent to defraud, shall make, draw, utter, or deliver any check, draft, order, or other instrument for the payment of money upon any bank or other depository, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft, order, or other instrument in full upon its presentation, shall, if the amount of such check, draft, order, or other instrument is $1,000 or more, be guilty of a felony and fined not more than the amount set forth in § 22-3571.01 or imprisoned for not less than 1 year nor more than 3 years, or both; or if the amount of such check, draft, order, or other instrument has some value, be guilty of a misdemeanor and fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both. As against the maker or drawer thereof the making, drawing, uttering, or delivering by such maker or drawer of a check, draft, order, or other instrument, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in its possession or control, shall be prima facie evidence of the intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the amount of protest fees, if any, within 5 days after receiving notice in person, or writing, that such check, draft, order, or other instrument has not been paid. The word "credit," as used herein, shall be construed to mean arrangement or understanding, express or implied, with the bank or other depository for the payment of such check, draft, order, or other instrument.

D.C. Code § 22-1510

July 1, 1922, 42 Stat. 820, ch. 273; Oct. 22, 1970, 84 Stat. 1094, Pub. L. 91-497, § 3; Aug. 20, 1994, D.C. Law 10-151, § 108, 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 221, 60 DCR 2064; June 19, 2013, D.C. Law 19-320, § 104, 60 DCR 3390.

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Fraud, see § 22-3221. Proof of intent to defraud, see § 23-322. Theft, see § 22-3211. .