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5-37-307. Knowingly issuing worthless check.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-307. Knowingly issuing worthless check.
(a) A person commits an offense if he or she issues or passes a check, order, draft, or any other form of presentment involving the transmission of account information for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check, order, draft, or any other form of presentment involving the transmission of account information, as well as any other check, order, draft, or any other form of presentment involving the transmission of account information outstanding at the time of issuance.
(b)(1) This section and § 21-6-411 do not apply to a preexisting debt or a situation in which nothing of value was acquired.
(2) However, this section and § 21-6-411 do apply to a payment of rent, child support, consignment, tax, license, fee, fine, and court costs.
(c)(1) This section does not prevent the prosecuting attorney from establishing the required knowledge by direct evidence.
(2) However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check, order, draft, or any other form of presentment involving the transmission of account information if:
(A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or
(B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the che
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-307
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:5-37-307
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0520e9ca70d9d58b2ff05868b0ce15dc759019a8bf24248ce4c51ef01899ef60
Source location: content.xml paragraph 16845
Stored source content
5-37-307. Knowingly issuing worthless check.
(a) A person commits an offense if he or she issues or passes a check, order, draft, or any other form of presentment involving the transmission of account information for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check, order, draft, or any other form of presentment involving the transmission of account information, as well as any other check, order, draft, or any other form of presentment involving the transmission of account information outstanding at the time of issuance.
(b)(1) This section and § 21-6-411 do not apply to a preexisting debt or a situation in which nothing of value was acquired.
(2) However, this section and § 21-6-411 do apply to a payment of rent, child support, consignment, tax, license, fee, fine, and court costs.
(c)(1) This section does not prevent the prosecuting attorney from establishing the required knowledge by direct evidence.
(2) However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check, order, draft, or any other form of presentment involving the transmission of account information if:
(A) The issuer had no account with the bank or other drawee at the time he or she issued the check, order, draft, or any other form of presentment involving the transmission of account information; or
(B) Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within thirty (30) days after issue and the issuer failed to pay the holder in full, plus a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within ten (10) days after receiving notice of that refusal.
(d) Notice for purposes of this section shall be by the procedure as set forth in §§ 5-37-303 and 5-37-304.
(e) If notice is given, it is presumed that the notice was received no later than five (5) days after it was sent.
(f) An offense under this section is a violation and is punishable as provided in § 5-4-104.
(g) This act 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
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. The source passage cites 21-6-411. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-303. Notice.
(a) For purposes of this section and § 5-37-304, notice that payment was refused by the drawee for lack of funds shall be sent by certified mail, registered mail evidenced by return receipt, or by regular mail supported by an affidavit of mailing, to the address printed on the instrument or given at the time of issuance or to the current residence.
(b)(1) The form of the notice under subsection (a) of this section shall be substantially as follows:
“You are hereby notified that the check(s) or instrument(s) listed below (has) (have) been dishonored. Pursuant to Arkansas law, you have ten (10) days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s), plus the applicable service charge(s) of $ (not to exceed $30.00 per check), plus the amount of any fees charged by any financial institution as a result of the check's not being honored, the total amount due being $ . Unless this amount is paid in full within the time specified above, the dishonored check(s) or instrument(s) and all other available information relating to this incident may be turned over to the prosecuting attorney for criminal prosecution.
CHECK NO. CHECK DATE CHECK AMOUNT NAME OF BANK ”.
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(2) If notice is sent by an affidavit of mailing, the affidavit of mailing shall contain a copy of the notice and shall substantially state:
“Affidavit of Mailing I am over the age of eighteen (18) years and on (date), I mailed notice of insufficient funds under Arkansas Code § 5-37-303 to the addressee set forth below in an official depository under the exclusive care and custody of the United States Postal Service in (city, county, state), addressed as follows: (name and address of addressee). (Signature) (Date)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-303
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 5-37-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-304. Evidence against maker or drawer.
(a) For purposes of this section, it is prima facie evidence that the maker or drawer intended to defraud and knew at the time of the making, drawing, uttering, or delivering that the check, draft, order, or other form of presentment involving transmission of account information would not be honored if:
(1) The maker or drawer had no account with the drawee at the time the check, draft, order, or other form of presentment involving transmission of account information was made, drawn, uttered, or delivered;
(2) The check, draft, order, or other form of presentment involving transmission of account information bears the endorsement or stamp of a collecting bank indicating that the instrument or transmission was returned or otherwise dishonored because of insufficient funds to cover the value; or
(3) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after delivery, and the maker or drawer has not paid the holder the amount due, together with a service charge not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check, draft, order, or other form of presentment involving transmission of account information by a financial institution as a result of the check, draft, order, or other form of presentment involving transmission of account information not being honored, within ten (10) days after receiving written notice that payment was refused upon the check, draft, order, or other form of presentment involving transmission of account information.
(b)(1) A prosecuting attorney may file charges immediately after the check, draft, order, or other form of presentment involving the transmission of account information has been returned.
(2) T
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-304
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 5-37-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-104. Authorized sentences generally.
(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.
(b) A defendant convicted of capital murder, § 5-10-101, or treason, § 5-51-201, shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.
(c)(1) A defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 — 5-4-404.
(2) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, to any one (1) or more of the following:
(A) Pay a fine as authorized by §§ 5-4-201 and 5-4-202;
(B) Make restitution as authorized by § 5-4-205; or
(C) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.
(d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second degree, § 5-10-103, may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
(1) Imprisonment as authorized by §§ 5-4-401 — 5-4-404;
(2) Probation as authorized by §§ 5-4-301 — 5-4-307 and 16-93-306 — 16-93-314;
(3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202;
(4) Restitution as authorized by a provision of § 5-4-205; or
(5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-104
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 5-4-104. This identifies an authority to review, not proof of applicability.