28-611.01. Issuing a no-account check; penalty; aggregation allowed; when.

291 words·~1 min read·/ne/chapter-28/28-611-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Whoever issues or passes a check, draft, assignment of funds, or similar signed order for the payment of money, knowing that he or she has no account with the drawee at the time the check, draft, assignment of funds, or order is issued, commits the offense of issuing a no-account check. Issuing a no-account check is:

(a)A Class III felony if the amount of the check, draft, assignment of funds, or order is five thousand dollars or more;

(b)A Class IV felony if the amount of the check, draft, assignment of funds, or order is one thousand five hundred dollars or more, but less than five thousand dollars;

(c)A Class I misdemeanor if the amount of the check, draft, assignment of funds, or order is five hundred dollars or more, but less than one thousand five hundred dollars; and

(d)A Class II misdemeanor if the amount of the check, draft, assignment of funds, or order is less than five hundred dollars.

(2)The aggregate amount of any series of checks, drafts, assignments, or orders issued or passed within a sixty-day period in one county may be used in determining the classification of the offense pursuant to subsection

(1)of this section, except that checks, drafts, assignments, or orders may not be aggregated into more than one offense.

(3)For any second or subsequent offense under this section, any person so offending shall be guilty of:

(a)A Class III felony if the amount of the check, draft, assignment of funds, or order is one thousand five hundred dollars or more; and

(b)A Class IV felony if the amount of the check, draft, assignment of funds, or order is less than one thousand five hundred dollars.