Sec. 53a-128. Issuing a bad check. Penalties.
Sec. 53a-128. Issuing a bad check. Penalties. (a) A person is guilty of issuing a
bad check when: (1) As a drawer or representative drawer, he issues a check knowing
that he or his principal, as the case may be, does not then have sufficient funds with the
drawee to cover it, and (A) he intends or believes at the time of issuance that payment
will be refused by the drawee upon presentation, and (B) payment is refused by the
drawee upon presentation; or (2) he passes a check knowing that the drawer thereof
does not then have sufficient funds with the drawee to cover it, and (A) he intends or
believes at the time the check is passed that payment will be refused by the drawee upon
presentation, and (B) payment is refused by the drawee upon presentation.
(b) For the purposes of this section, an issuer is presumed to know that the check
or order, other than a postdated check or order, would not be paid, if: (1) The issuer had
no account with the drawee at the time the check or order was issued; or (2) payment
was refused by the drawee for insufficient funds upon presentation within thirty days
after issue and the issuer failed to make good within eight days after receiving notice
of such refusal. For the purposes of this subsection, an issuer is presumed to have received notice of such refusal if the drawee or payee provides proof of mailing such
notice by certified mail, return receipt requested, to the issuer at his last known address.
(c) Issuing a bad check is: (1) A class D felony if the amount of the check was more
than one thousand dollars; (2) a class A misdemeanor if the amount of the check was
more than five hundred dollars but not more than one thousand dollars; (3) a class B
misdemeanor if the amount of the check was more than two hundred fifty dollars but
not more than five hundred dollars; or (4) a class C misdemeanor if the amount of the
check was two hundred fifty dollars or less.
(1969, P.A. 828, S. 130; 1971, P.A. 871, S. 28; P.A. 80-109; P.A. 81-225; P.A. 83-137.)
History: 1971 act removed former Subsec. (a) containing applicable definitions, but see Sec. 53a-118(a); P.A. 80-109
amended Subsec. (b) to add provision re presumption that issuer has received notice of drawee's refusal to pay; P.A. 81-225 included proof of mailing by payee as acceptable in presuming that issuer has received notice; P.A. 83-137 amended
Subsec. (c) to reclassify the offense from a class A misdemeanor to a class D felony or a class A, B or C misdemeanor
depending upon the amount of the check.
Cited. 202 C. 443.
Cited. 20 CA 811.
Cited. 34 CS 584. Ability of court to order personal restitution in amount of bad corporate check when there is no
finding as to the ability of the defendant to pay or as to the extent of his gain. Restitution properly ordered against individual
defendant issuer of bad corporate check. 35 CS 536.