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21-6-411. Prosecuting attorneys — Certain checks, orders, drafts, or other forms of presentment involving transmission of account information.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-6-411. Prosecuting attorneys — Certain checks, orders, drafts, or other forms of presentment involving transmission of account information.
(a) A prosecuting attorney may collect a fee if his or her office collects and processes a check, order, draft, or other form of presentment involving the transmission of account information if the check, order, draft, or other form of presentment involving the transmission of account information has been issued or passed in a manner that makes the issuance or passing an offense under the:
(1) Arkansas Criminal Code; or
(2) Arkansas Hot Check Law, § 5-37-301 et seq.
(b) A prosecuting attorney may collect a fee from any person issuing a bad check as described in subsection (a) of this section. The amount of the fee shall not exceed:
(1) Twenty-five dollars ($25.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information does not exceed one hundred dollars ($100);
(2) Forty-five dollars ($45.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than one hundred dollars ($100) but does not exceed three hundred dollars ($300);
(3) Sixty-five dollars ($65.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than three hundred dollars ($300) but does not exceed five hundred dollars ($500); and
(4) Ninety dollars ($90.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than five hundred dollars ($500).
(c) If the person from whom the fee is collected was a party to the offense of forgery, un
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-6-411
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:21-6-411
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 256219b35aec55cc637e1393f7e64f41a4f69725a8945db68132286f66c30cce
Source location: content.xml paragraph 6011
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21-6-411. Prosecuting attorneys — Certain checks, orders, drafts, or other forms of presentment involving transmission of account information.
(a) A prosecuting attorney may collect a fee if his or her office collects and processes a check, order, draft, or other form of presentment involving the transmission of account information if the check, order, draft, or other form of presentment involving the transmission of account information has been issued or passed in a manner that makes the issuance or passing an offense under the:
(1) Arkansas Criminal Code; or
(2) Arkansas Hot Check Law, § 5-37-301 et seq.
(b) A prosecuting attorney may collect a fee from any person issuing a bad check as described in subsection (a) of this section. The amount of the fee shall not exceed:
(1) Twenty-five dollars ($25.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information does not exceed one hundred dollars ($100);
(2) Forty-five dollars ($45.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than one hundred dollars ($100) but does not exceed three hundred dollars ($300);
(3) Sixty-five dollars ($65.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than three hundred dollars ($300) but does not exceed five hundred dollars ($500); and
(4) Ninety dollars ($90.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than five hundred dollars ($500).
(c) If the person from whom the fee is collected was a party to the offense of forgery, under §§ 5-37-101 and 5-37-201 — 5-37-214, by altering the face amount of the check, order, draft, or other form of presentment involving the transmission of account information, the face amount as altered governs for purposes of determining the amount of the fee.
(d) Fees collected under this section shall be deposited into a special fund to be administered by the prosecuting attorney.
(e)(1) In those counties in which the sheriff is operating a hot check program and the prosecuting attorney is not operating such a program on September 20, 1985, the sheriff shall be entitled to continue the program as long as he or she elects to do so and the prosecuting attorney shall not initiate any such program in the county unless the sheriff in the county discontinues his or her program.
(2) In those counties in which the sheriff operates a hot check program, the sheriff's office shall be entitled to the same fees as provided in this section, but all fees shall be paid into an account for the sheriff's office and shall be subject to appropriation by the quorum court to be used to defray the cost of the hot check program and other costs of the sheriff's office.
(f) This section is cumulative to all other acts and shall not repeal any other act.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-101. Definitions.
As used in this chapter:
(1) “Coin machine” means a coin box, turnstile, vending machine, receptacle, or other mechanical or electronic device designed to receive a coin or bill of a certain denomination or token made for that purpose, and in return for the insertion or deposit of the coin, bill, or token, to offer, to provide, to assist in providing, or to permit the acquisition of property or public or private service;
(2) “Credit card” means any instrument or device issued with or without fee by an issuer for use in obtaining money, goods, services, or anything else of value on credit;
(3)(A) “Deception” means:
(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;
(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;
(iii) Failing to correct a false impression that the actor knows to be false and that the actor created or reinforced or that the actor knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;
(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or
(v) Employing any other scheme to defraud.
(B) As to a person's intention to perform a promise, “deception” shall not be inferred solely from the fact that the person did not subsequently perform the promise.
(C) “Deception” does
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-37-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-201. Forgery.
(a) A person forges a written instrument if, with purpose to defraud, the person makes, completes, alters, counterfeits, possesses, or utters any written instrument that purports to be or is calculated to become or to represent if completed the act of:
(1) A person who did not authorize that act;
(2) A fictitious person; or
(3) A person who authorized an act that was not authorized by law.
(b) A person commits forgery in the first degree if he or she forges a written instrument that is:
(1) Money, a security, a postage or revenue stamp, or other instrument issued by a government; or
(2) A stock, bond, or similar instrument representing an interest in property or a claim against a corporation or its property.
(c) A person commits forgery in the second degree if he or she forges a written instrument that is:
(1) A deed, will, codicil, contract, assignment, check, commercial instrument, credit card, or other written instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status;
(2) A public record, or an instrument filed or required by law to be filed, or an instrument legally entitled to be filed in a public office or with a public servant; or
(3) A written instrument officially issued or created by a public office, public servant, or government agent.
(d) Forgery in the first degree is a Class B felony.
(e) Forgery in the second degree is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-37-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-214. Fraud — Aggregation of amounts.
In a prosecution under § 5-37-212 or § 5-37-213, an amount involved in a fraud committed pursuant to one (1) scheme or course of conduct, whether committed against one (1) or more persons, may be aggregated in determining the grade of the offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-37-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-301. Title.
This subchapter shall be known and may be cited as the “Arkansas Hot Check Law”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-37-301. This identifies an authority to review, not proof of applicability.