Conn. Gen. Stat. 53a-128 – Issuing a bad check. Penalties

Connecticut General Statutes 53a-128 explained for non lawyers

1. What the law prohibits

You commit issuing a bad check when you write a check knowing there isn’t enough money in your account to cover it. This also includes writing checks when you know the bank will refuse to honor the check for any reason. The law is designed to prevent people from using worthless checks to get goods, services, or money.

2. What the penalties are if someone is convicted

• The penalties depend on the amount of the bad check:
  • $500 or less: Class C misdemeanor (up to 3 months jail, $500 fine)
  • More than $500 but not more than $1,000: Class B misdemeanor (up to 6 months jail, $1,000 fine)
  • More than $1,000 but not more than $2,000: Class A misdemeanor (up to 1 year jail, $2,000 fine)
  • More than $2,000: Class D felony (up to 5 years prison, $5,000 fine)
• Plus possible probation and restitution (paying back the amount of the check plus fees)

3. What the state has to prove to convict someone (Elements of the offense)

To secure a conviction, the state must prove all of the following beyond a reasonable doubt:

1. The defendant issued a check (wrote and gave it to someone)
2. The defendant knew there were insufficient funds in the account to cover the check
3. The check was presented for payment and refused by the bank
4. The defendant intended to defraud the recipient

Note: There’s usually a legal presumption that if you don’t make the check good within 8 days of being notified it bounced, you knew there were insufficient funds. However, this can be overcome with evidence.

For the actual statute, you can visit Justia which has the actual law on its website.

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