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Can you summarize Pen Code CACL 476a?
Forgery and Counterfeiting [470. - 483.5.] >
Short Summary
This section of the California Penal Code governs the crime of forgery and counterfeiting related to checks, drafts, or orders. It applies to any person who, for themselves or as a representative of another, willfully and with intent to defraud, makes, draws, utters, or delivers a check, draft, or order for payment of money, knowing that there are insufficient funds or credit for its payment. The offense is punishable by imprisonment in a county jail for up to one year, or pursuant to subdivision (h) of Section 1170. However, if the total amount of all checks, drafts, or orders does not exceed $950, the offense is punishable only by imprisonment in the county jail for up to one year, unless the defendant has prior convictions for specified offenses. The section also establishes evidentiary rules regarding protests of checks, drafts, or orders, and provides guidelines for establishing the identity of the drawer. Additionally, it allows law enforcement agencies to collect fees for investigating and processing checks referred to them for violations of this section.
Whom does it apply to?
Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation
What does it govern?
Forgery and Counterfeiting
What are exemptions?
This subdivision shall not be applicable if the defendant has previously been convicted of three or more violations of Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendants offense was a violation also of Section 470, 475, or 476 or of this section or if the defendant has previously been convicted of any offense under the laws of any other state or of the United States which, if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if he has been so convicted of the crime of petty theft in a case in which, if defendants offense had been committed in this state, it would have been a violation also of Section 470, 475, or 476, or of this section.
What are the Penalties?
Imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170.
Jurisdiction
California