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Can you summarize Tex. Penal Section 32.41?
OTHER DECEPTIVE PRACTICES > ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER.
Short Summary
This section of the Texas Penal Code governs the offense of issuing or passing a bad check or similar sight order. It applies to any person who knowingly issues or passes a check or order for payment, while being aware that there are insufficient funds in their account to cover the payment. The section provides a presumption of knowledge of insufficient funds if the issuer had no account with the bank at the time of issuance or if payment was refused by the bank within 30 days and the issuer failed to pay within 10 days of receiving notice. Notice can be given through various means, including first class mail or registered mail. Restitution for bad checks can be made through the prosecutor’s office or the court. The offense is generally a Class C misdemeanor, but if the check was for child support established under a court order, it becomes a Class B misdemeanor.
Whom does it apply to?
Any person who issues or passes a check or similar sight order for the payment of money
What does it govern?
Issuance or passing of bad checks or similar sight orders
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Class C misdemeanor, except for child support payments which are a Class B misdemeanor
Jurisdiction
Texas