Any person within the District of Columbia who, with intent to defraud, shall make, draw, utter, or deliver any check, draft, order, or other instrument for the payment of money upon any bank or other depository, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft, order, or other instrument in full upon its presentation, shall, if the amount of such check, draft, order, or other instrument is $1,000 or more, be guilty of a felony and fined not more than the amount set forth in § 22-3571.01 or imprisoned for not less than 1 year nor more than 3 years, or both; or if the amount of such check, draft, order, or other instrument has some value, be guilty of a misdemeanor and fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both. As against the maker or drawer thereof the making, drawing, uttering, or delivering by such maker or drawer of a check, draft, order, or other instrument, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in its possession or control, shall be prima facie evidence of the intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the amount of protest fees, if any, within 5 days after receiving notice in person, or writing, that such check, draft, order, or other instrument has not been paid. The word “credit,” as used herein, shall be construed to mean arrangement or understanding, express or implied, with the bank or other depository for the payment of such check, draft, order, or other instrument.
(July 1, 1922, 42 Stat. 820, ch. 273; Oct. 22, 1970, 84 Stat. 1094, Pub. L. 91-497, § 3; Aug. 20, 1994, D.C. Law 10-151, § 108, 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 221, 60 DCR 2064; June 19, 2013, D.C. Law 19-320, § 104, 60 DCR 3390.)
Prior Codifications1981 Ed., § 22-1410.
1973 Ed., § 22-1410.
Section ReferencesThis section is referenced in § 28-3152.
Effect of AmendmentsThe 2013 amendment by D.C. Law 19-317, in the first sentence, substituted the first occurrence of “not more than the amount set forth in § 22-3571.01” for “not more than $3,000”, and the second occurrence for “not more than $1,000”.
The 2013 amendment by D.C. Law 19-320, in the first sentence, substituted “instrument is $1,000 or more” for “instrument is $100 or more” and substituted “has some value” for “is less than $100”.
Cross ReferencesFraud, see § 22-3221.
Proof of intent to defraud, see § 23-322.
Theft, see § 22-3211.
Emergency LegislationFor temporary amendment of section, see § 108 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary amendment of section, see § 104 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).
For temporary (90 days) amendment of this section, see § 104 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).
For temporary (90 days) amendment of this section, see § 221 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's NotesApplicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.