May 24, 2012

Bad checks – 18 Pa. Cons. Stat. § 4105

Bad checks – 18 Pa. Cons. Stat. § 4105

A person commits an offense if he, knowing that it will not be honored by the drawee, issues or passes a check or similar sight order for the payment of money when the drawee is located within this Commonwealth. A violation of this paragraph shall occur without regard to whether the location of the issuance or passing of the check or similar sight order is within or outside of this Commonwealth. It shall be no defense to a violation of this section that some or all of the acts constituting the offense occurred outside of this Commonwealth.

Keep in mind if the check was issued under the following circumstances, it is usually not criminally prosecuted under the statute.

• Payroll, credit card, or rent checks

• Post/pre dated or altered checks

• Checks you agreed to hold before depositing

• Checks which are repayment of loan or civil contract agreement

Also a draftee of the check will not be prosecuted if the check is later determined to be:

• A stop payment check where the issuer acted in good faith and with reasonable cause in stopping payment,

• A check issued by someone not competent or of legal age,

• A check dishonored due to bank error or failure to notify the check writer of bank adjustment of a check,

• A check issued to pay an obligation arising from an illegal transaction.