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Can you summarize MSCO 97-19-67?
False Pretenses and Cheats > Bad checks, electronically converted checks, electronic commercial debits; penalties; restitution.
Short Summary
This legal document, under Mississippi Code 1972, Crimes, False Pretenses and Cheats, governs the penalties and restitution for bad checks, electronically converted checks, and electronic commercial debits. Any person violating Section 97-19-55 may be subject to different penalties based on the offense. For the first offense involving checks less than $100.00, it is considered a misdemeanor punishable by a fine of $25.00 to $500.00, or imprisonment in the county jail for 5 to 6 months, or both. For the second offense, the penalties increase to a fine of $50.00 to $1,000.00, or imprisonment in the county jail for 30 days to 1 year, or both. For the third or subsequent offense, regardless of the check amount, it is considered a felony punishable by imprisonment in the State Penitentiary for 1 to 5 years. If the offense involves checks of $100.00 or more, it is considered a felony regardless of prior offenses, with penalties including a fine of $100.00 to $1,000.00, or imprisonment in the State Penitentiary for up to 3 years, or both. The court may also order restitution to the holder or payee of the check, draft, order, electronically converted check, or electronic commercial debit. Additionally, a fee may be imposed by the court based on the face amount of the check, draft, order, electronically converted check, or electronic commercial debit. The fees collected are deposited in the Criminal Justice Fund.
Whom does it apply to?
Any person violating Section 97-19-55
What does it govern?
Bad checks, electronically converted checks, electronic commercial debits; penalties; restitution.
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
For the first offense: fine of not less than $25.00, nor more than $500.00, or imprisonment in the county jail for a term of not less than five (5) days nor more than six (6) months, or both. For the second offense: fine of not less than $50.00, nor more than $1,000.00, or imprisonment in the county jail for a term of not less than thirty (30) days nor more than one (1) year, or both. For the third or subsequent offense: imprisonment in the State Penitentiary for a term of not less than one (1) nor more than five (5) years. For offenses involving checks of $100.00 or more: fine of not less than $100.00, nor more than $1,000.00, or imprisonment in the State Penitentiary for a term of not more than three (3) years, or both.
Jurisdiction
Mississippi