§ 32-29. Issuing worthless checks.

(a)

Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not with the intent to defraud, of any check, draft or order for the payment of money of less than $100.00 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. This provision shall not apply to payments on installment contracts or open accounts.

(b)

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 or the issuing of such an instrument for the payment of a state tax obligation, 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.

(c)

The offender's failure to pay a check, draft or order, issued for value, within ten days after notice of its nonpayment upon presentation has been deposited by certified mail in the U.S. 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 days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

(Code 1968, § 15-45.1; Ord. No. 427, Ex. 14, 8-16-1979)