35.702 Making, drawing, or uttering check, draft, or order without sufficient
262 words·~1 min read·
/ky/35-702A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
funds.
(1)Any person subject to this code is guilty of making, drawing, or uttering a check,
draft, or order without sufficient funds and shall be punished as a court-martial may
direct who:
(a)For the procurement of any article or thing of value, with the intent to defraud;
or
(b)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.
(2)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 or her intent to defraud or deceive and of his or her 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
(5)days after receiving notice, orally or
in writing, that the check, draft, or order was not paid on presentment.
(3)In this section, "credit" means an arrangement or understanding, express or implied,
with the bank or other depository for the payment of that check, draft, or order.