Debts and Credit – Bad Checks – Delaware
Related Delaware 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.
TITLE 11 – Crimes and Criminal Procedure
CHAPTER 5 – SPECIFIC OFFENSES
Subchapter III – Offenses Involving Property
Subpart I – Other Frauds and Cheats
§ 900. Issuing a bad check; class A misdemeanor; class G felony.
(a) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. For the purpose of this section, as well as in any prosecution for theft committed by means of a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that:
(1) The issuer had no account with the drawee at the time the check was issued; or
(2) Payment was refused by the drawee upon presentation because the issuer had insufficient funds or credit, and the issuer failed to make good within 10 days after receiving notice of that refusal.
Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony.
(b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to:
(1) Request and inspect the person’s valid driver’s license or other photo identification card, which lists the person’s name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and
(2) Record on the check being presented the person’s name, driver’s license number, if such person has a driver’s license, date of birth and address, may result in the refusal of a law-enforcement agency to investigate violations of subsection (a) of this section.
11 Del. C. 1953, § 900; 58 Del. Laws, c. 497, § 1; 64 Del. Laws, c. 125, § 1; 65 Del. Laws, c. 497, § 6; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 211, § 7; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 501, § 1; 77 Del. Laws, c. 133, § 8.;