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10 U.S.C. § 923a — Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds

submitted 65 years ago by Pub. L. 87-385 to r/title-10-ARMED-FORCES · 238 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person subject to this chapter commits an offense by knowingly issuing a check, draft, or order without enough funds or credit with the specified intent. A court-martial may punish it, and refused payment is prima facie evidence unless payment is made within five days after notice.

A person subject to this chapter who, intending to defraud, issues a check, draft, or order to obtain something valuable, or, intending to deceive, issues one for a past-due obligation or another purpose, commits the offense when the person knows there is not and will not be enough money or credit for full payment when presented. A court-martial may direct punishment. Refusal because of insufficient funds is prima facie evidence of intent and knowledge unless the maker pays the holder within five days after oral or written notice. “Credit” means an express or implied bank arrangement to pay. This section does not otherwise define “prima facie.”

the actual law source: uscode.house.gov ↗public domain

Any person subject to this chapter who—

(1)

for the procurement of any article or thing of value, with intent to defraud; or

(2)

for the payment of any past due obligation, or for any other purpose, with intent to deceive;

makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment, shall be punished as a court-martial may direct. The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment. In this section, the word “credit” means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.

Source credit: (Added Pub. L. 87–385, § 1(1), Oct. 4, 1961, 75 Stat. 814.)

history & why it existsrecord from the source credit
  • 1961Enacted · Pub. L. 87-385 · 75 Stat. 814

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-385 on 1961-10-04.

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