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Can you summarize 18 PACS 4105?
FORGERY AND FRAUDULENT PRACTICES > Bad checks.
Short Summary
This legal document defines the offense of issuing or passing bad checks or similar sight orders for the payment of money. It states that a person commits an offense if they issue or pass a check or similar sight order, knowing that it will not be honored by the drawee. The offense can occur regardless of whether the location of the issuance or passing of the check is within or outside of Pennsylvania. The document also establishes presumptions regarding the knowledge of the issuer and provides grading for the offense based on the amount of the check or order. Additionally, it specifies that an offense can be deemed to have been committed at either the place where the defendant issues or passes the bad check or where the financial institution upon which the bad check was drawn is located. The document further outlines the costs that the issuer or passer must reimburse the payee upon conviction, including the face amount of the check, interest, and a service charge if applicable.
Whom does it apply to?
Any person who issues or passes a check or similar sight order for payment of money
What does it govern?
Offenses related to issuing or passing bad checks or similar sight orders for payment of money
What are exemptions?
No specific exemptions are mentioned.
What are the Penalties?
The offense is graded based on the amount of the check or order, ranging from a summary offense for checks less than $200 to a felony of the third degree for checks of $75,000 or more. For third or subsequent offenses within a five-year period, the offense is a misdemeanor of the first degree unless the check or order involved is $75,000 or more, in which case it is a felony of the third degree.
Jurisdiction
Pennsylvania