Oklahoma Notice of Dishonored Check Law


Debts and Credit – Bad Checks – Oklahoma

Related Oklahoma Legal Forms

Note:    This summary is not intended to be an all inclusive summary of the law of bad checks, but does contain basic and other provisions.

Criminal Provisions

Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds § 21-1541.1. Obtaining or Attempting to Obtain Property by Trick or Deception – False Statements or Pretenses – Confidence Game – Penalty.
Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, of a value less than Fifty Dollars ($50.00), by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the “confidence game”, or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.

Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds § 21-1541.2. Value of fifty dollars or more but less than Five Hundred Dollars – Value of Five Hundred Dollars or more – Penalties.
If the value of the money, property or valuable thing referred to in Section 1541.1[21-1541.1] of this title is Fifty Dollars ($50.00) or more but less than Five Hundred Dollars ($500.00), any person convicted pursuant to this section shall be guilty of a felony and shall be punished by incarceration in the county jail for not to exceed one (1) year or incarceration in the county jail one or more nights or weekends pursuant to Section 991a-2 [22-991a-2] of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a [22-991a] of Title 22 of the Oklahoma Statutes, and if the value is Five Hundred Dollars ($500.00) or more, any person convicted hereunder shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term not more than ten (10) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds § 21-1541.3. False or Bogus Checks, Drafts, Etc. – Penalty.
Any person making, drawing, uttering or delivering two or more false or bogus checks, drafts or orders, as defined by Section 1541.4[21-1541.4] of this title, the total sum of which is Five Hundred Dollars ($500.00) or more, even though each separate instrument is written for less than Five Hundred Dollars ($500.00), all in pursuance of a common scheme or plan to cheat and defraud, shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term not more than ten (10) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. If the total sum of two or more false or bogus checks, drafts or orders is Fifty Dollars ($50.00) or more, but less than Five Hundred Dollars ($500.00), the person shall be guilty of a felony and shall be punished by incarceration in the county jail for not more than one (1) year or by incarceration in the county jail one or more nights or weekends pursuant to Section 991a-2[22-991a-2] of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a[22-991a] of Title 22 of the Oklahoma Statutes.

Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds § 21-1541.4. False or Bogus Check or Checks Defined.
The term “false or bogus check or checks” shall include checks or orders which are not honored on account of insufficient funds of the maker to pay same, or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given in exchange for money or property or in exchange for any benefit or thing of value, as against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five (5) days from the date the same is presented for payment; and provided, further, that said check or order is presented for payment within thirty (30) days after same is delivered and accepted.