§ 13:71. Issuing worthless checks.

(a)

(1)

Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank or other depository for the payment of such check, draft, or order in full upon its presentation.

(2)

This section shall apply to a check, draft, or order tendered for satisfaction, in whole or in part, of payments due on installment contracts, open accounts, or any other obligation for which the creditor has authorized periodic payments or the extension of time in which to pay.

(3)

This provision shall apply to a check, draft, or order for the payment of money given for a motor vehicle when such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.

(4)

For purposes of this section, an open account shall include accounts where checks are tendered as payment:

a.

In advance of receipt, in whole or in part, for telecommunication facilities or services.

b.

For deposits, prepayments, or payments for the lease or rent of a rental motor vehicle, pursuant to a lease or rental agreement.

(b)

The offender's failure to pay a check, draft or order, issued for value, within ten (10) days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within ten (10) days after delivery or personal tender of the written notice to the issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

(c)

Issuing worthless checks is also the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money, when the offender knows at the time of the issuing that the account designated on the check, draft, or order has been closed, or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft, or order.

(d)

In addition to any other fine or penalty imposed under this section, the court shall order as part of the sentence restitution in the amount of the check or checks, plus a fifteen dollar ($15.00) per check service charge payable to the person or entity that initially honored the worthless check or checks or an authorized collection agency or justice of the peace.

(e)

Whoever commits the crime of issuing worthless checks shall be imprisoned for not more than six (6) months, or may be fined not more than five hundred dollars ($500.00), or both.

(Ord. No. 9733, § 1, 10-27-93)

State law reference

Similar provisions, R.S. 14:71.