Ask Reggi Your Question Now
Can you summarize NJST 2C:21-5?
Bad checks, money orders, electronic funds transfers.
Short Summary
This section of the New Jersey Code of Criminal Justice governs the issuance or passing of bad checks, money orders, or the authorization of electronic funds transfers. It applies to any person who issues or passes a check or similar sight order for the payment of money, or authorizes an electronic funds transfer. The section establishes that an issuer is presumed to know that the check, money order, or electronic funds transfer will not be paid if they had no account with the drawee at the time of issuance, or if payment was refused by the drawee due to lack of funds or a closed account. The offense is classified as a crime of the second degree if the amount is $75,000.00 or more, a crime of the third degree if the amount is $1,000.00 or more but less than $75,000.00, a crime of the fourth degree if the amount is $200.00 or more but less than $1,000.00, and a disorderly persons offense if the amount is less than $200.00.
Whom does it apply to?
Any person who issues or passes a check or similar sight order for the payment of money, or authorizes an electronic funds transfer
What does it govern?
Issuing or passing bad checks, money orders, or authorizing electronic funds transfers
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
A. Crime of the second degree if the amount is $75,000.00 or more b. Crime of the third degree if the amount is $1,000.00 or more but less than $75,000.00 c. Crime of the fourth degree if the amount is $200.00 or more but less than $1,000.00 d. Disorderly persons offense if the amount is less than $200.00
Jurisdiction
New Jersey