§ 11-06-080. Generally—Issuing a worthless check.  


Latest version.
  • (a)

    Prohibited. It is unlawful for a person to issue in exchange for anything of value, with intent to defraud, any check, draft or order for payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has insufficient funds in or credit to the bank or depository for the payment of such check, draft or order in full upon its presentation.

    (b)

    Exceptions. This section does not apply to:

    (1)

    Any check where the payee or holder knows or has been expressly notified prior to the drawing of the check or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment on its presentation; or

    (2)

    Any post-dated check.

    (c)

    Intent to defraud; how established. In the prosecution of offenses under this section, the following rules of evidence shall govern:

    (1)

    If the maker or drawer of a check, payment of which is refused by the bank or depository upon which it is drawn because of no account in the name of the maker or drawer in the bank, proof of the fact that the maker or drawer had no account in the bank or depository upon which the check is drawn shall be prima facie evidence of an intent to defraud and of knowledge of insufficient funds in or credit with the bank or depository with which to pay the draft;

    (2)

    If the maker or drawer of a check, payment of which is refused by the bank or depository upon which it is drawn because of insufficient funds or credit in the account of the maker or drawer in the bank or depository, fails, within three (3) business days after notice to him that the check was not honored by the bank or depository, to pay the check in full, together with any protest fees or costs thereon, such failure shall constitute prima facie evidence of a knowledge of the insufficiency of funds in the bank or depository at the time of the making or drawing of the check and of an intent to defraud.

    (d)

    Notice. Notice as used in this section shall consist of either notice given to the person entitled thereto in person or notice given to such person in writing. The notice in writing is presumed to have been given when deposited as certified matter in the United States mail, addressed to the person at his address as it appears on the check.

(Ord. No. 609, § 1, 5-13-80)

State law reference

Similar provisions, N.M.S.A. § 30-16-9.