Can you summarize IDST 18-3106?

Short Summary

This section of the Idaho Statutes, under the Crimes and Punishments category, deals with false pretenses, cheats, and misrepresentations related to drawing checks without funds or with insufficient funds. It applies to individuals acting on their own behalf or as agents, representatives, or officers of corporations. The section outlines the penalties for such actions, including imprisonment and fines. It establishes that the act of making, drawing, uttering, or delivering a check without funds or with insufficient funds is considered prima facie evidence of intent to defraud and knowledge of the lack of funds. The section also grants standing to any person who has acquired rights with respect to a check that is not paid due to insufficient funds, allowing them to file a complaint. Additionally, the section defines probation conditions, including the requirement for the defendant to make restitution on all unpaid checks as a condition of probation.

Whom does it apply to?

Any person who for himself or as the agent or representative of another or as an officer of a corporation

What does it govern?

Drawing check without funds, drawing check with insufficient funds, prima facie evidence of intent, standing of person having acquired rights, probation conditions

What are exemptions?

No exemptions are mentioned.

What are the Penalties?

For a first offense: imprisonment in the county jail for a term not exceeding six (6) months, or a fine not exceeding one thousand dollars ($1,000), or both. For a second offense: imprisonment in the county jail for a term not exceeding one (1) year, or a fine not exceeding two thousand dollars ($2,000), or both. For a third or subsequent offense: imprisonment in the state prison for a term not exceeding three (3) years, or a fine not exceeding fifty thousand dollars ($50,000), or both.

Jurisdiction

Idaho

Source

IDST 18-3106 [https://reggi.cloud.regology.com/regulations/US-IDST/US-IDST_T_18_C_31_S_06]

• Banking