Sec. 14-94.  Issuing a bad check.

 

(a)   Whoever obtains property, services, or present value of any kind by issuing or passing a check or similar signed order for the payment of money, knowing that he has no account with the drawee at the time the check or order is issued, or, if he has such an account, knowing that he does not have sufficient funds in, or credit with, the drawee for the payment of such check or order in full upon its presentation, commits the offense of issuing a bad check.

 

(b)   Subsection (a) shall not apply if the amount of the check or order is three hundred dollars ($300.00) or more.

 

(c)   Whoever otherwise issues or passes a check or similar signed order for the payment of money, knowing that he has no account with the drawee at the time the check or order is issued, or, if he has such an account, knowing that he does not have sufficient funds in, or credit with, the drawee for the payment of such check or order in full upon its presentation, commits an offense.

 

(d)   In any prosecution where the person issuing the check has an account with the drawee, he shall be presumed to have known that he did not have sufficient funds in, or credit with, the drawee for the payment of such check or order in full upon its presentation, if, within thirty (30) days after issuance of the check or order, he has been notified that the drawee refused payment for lack of funds and he has failed within ten (10) days after such notice to make the check good or in the absence of such notice, he shall not have made the check good within ten (10) days after notice was sent to him by the county attorney or his deputy, by United States mail addressed to such person at his last known address, that such check or order has been returned to the depositor.  Upon request of the depositor and the payment of two dollars ($2.00) for each check, draft, order, or assignment of funds, unless waived by the city attorney, the city attorney or his deputy shall be required to mail notice to the person issuing the check or order as provided in this subsection.  The two dollar ($2.00) payment shall be payable to the city treasurer and credited to the general fund.

 

(e)   Any person convicted of violating this section may, in addition to being fined or imprisoned, be ordered to make restitution to the party injured for the value of the check, draft, order, or assignment of funds and any costs of filing with the city attorney.  If the court shall in addition to sentencing any person to imprisonment under this section also enter an order of restitution.

 

(f)    The fact that restitution to the party injured has been made and that any costs of filing with the city attorney have been paid shall be a mitigating factor in the imposition of punishment for any violation of this section.

State law reference--Similar provisions, R.R.S. 1943, 28-611.