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Can you summarize LARS 14.71?
BY MISAPPROPRIATION WITHOUT VIOLENCE > Issuing worthless checks
Short Summary
This legal document governs the offense of issuing worthless checks in Louisiana. It applies to any person who issues a check, draft, or order for the payment of money upon any bank or other depository with the intent to defraud. The document specifies that the offender must know at the time of issuing that they do not have sufficient credit with the bank or depository for the payment of the check in full. The document also covers various scenarios where this offense applies, such as checks issued for installment contracts, open accounts, motor vehicle payments, and state tax obligations. The penalties for issuing worthless checks vary based on the amount of the check or checks, ranging from imprisonment to fines. Additionally, the document allows for the aggregation of multiple worthless checks issued within a 180-day period to determine the severity of the offense. Restitution is also required as part of the sentence, including a service charge and the actual cost of notifying the offender of nonpayment. The document provides provisions for the prosecution to present evidence of a violation, including refused checks and various reproductions of the check or order. Overall, this document establishes the legal framework and consequences for the offense of issuing worthless checks in Louisiana.
Whom does it apply to?
Any person who issues a check, draft, or order for the payment of money upon any bank or other depository
What does it govern?
Issuing worthless checks
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The penalties for issuing worthless checks vary based on the amount of the check or checks. The maximum penalties are as follows: - Amount of $25,000 or more: Up to 20 years imprisonment, or a fine of up to $50,000, or both. - Amount of $5,000 or more, but less than $25,000: Up to 10 years imprisonment, or a fine of up to $10,000, or both. - Amount of more than $1,000, but less than $5,000: Up to 5 years imprisonment, or a fine of up to $3,000, or both. - Amount of less than $1,000: Up to 6 months imprisonment, or a fine of up to $500, or both. If the offender has previous theft convictions, the penalties may be increased.
Jurisdiction
Louisiana