Ask Reggi Your Question Now
Can you summarize 46.4118?
STEALING AND RELATED OFFENSES > Passing bad checks.
Short Summary
This provision, found in the American Samoa Code Annotated under the Criminal Justice section, pertains to the crime of passing a bad check. It states that a person commits this crime when they issue or pass a check or similar sight order for the payment of money, knowing that it will not be paid by the drawee or that there is no such drawee, with the purpose to defraud. The provision also establishes that if the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, it is considered prima facie evidence of their purpose to defraud and knowledge that the check or order would not be paid. Additionally, if the issuer has an account with the drawee, their failure to pay the check or order within 10 days after receiving written notice of insufficient funds or credit with the drawee is also considered prima facie evidence of their purpose to defraud and knowledge that the check or order would not be paid. The provision further explains that notice in writing refers to notice sent via 1st class mail in the United States mail to the issuer’s address as it appears on the dishonored check or their last known address. The face amounts of any bad checks passed under one course of conduct or within any 10-day period may be aggregated in determining the grade of the offense. Passing bad checks is generally classified as a class A misdemeanor, but it becomes a class D felony if the face amount of the check or sight order or the aggregated amounts is $100 or more, or if the issuer had no account with the drawee or there was no such drawee at the time the check or order was issued.
Whom does it apply to?
Any person who issues or passes a check or other similar sight order for the payment of money
What does it govern?
Passing bad checks
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Passing bad checks is a class A misdemeanor, unless the face amount of the check or sight order or the aggregated amounts is $100 or more, or if the issuer had no account with the drawee or there was no such drawee at the time the check or order was issued, in which case passing bad checks is a class D felony.
Jurisdiction
American Samoa