THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.131a Check, draft, or order for payment of money; making, drawing, uttering, or delivering without account, credit, or sufficient funds with intent to defraud; violation as felony; penalties. Sec. 131a.
(1) A person shall not, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on an account or otherwise, upon any bank or other depository, if at the time of making, drawing, uttering, or delivering the check, draft, or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft, or order upon presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both. (2) A person shall not, with intent to defraud, make, draw, utter, or deliver, within a period of not more than 10 days, 3 or more checks, drafts, or orders for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of making, drawing, uttering, or delivering each of the checks, drafts, or orders that the maker or drawer does not have sufficient funds or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.
History: Add. 1941, Act 200, Eff. Jan. 10, 1942 ;-- CL 1948, 750.131a ;-- Am. 1984, Act 277, Eff. Mar. 29, 1985
Understanding Michigan Law on Check Fraud: Section 750.131a of the Michigan Penal Code Simplified
Section 750.131a of the Michigan Penal Code extends the legal ramifications and penalties around fraudulent check practices. Here is a simplified English explanation of this section:
Prohibited Activities:
- It is illegal, with the intent to defraud, to create, issue, or deliver any check, draft, or order for the payment of money against any bank or other depository if at the time you don't have an account with or credit from the bank or depository for the payment of the check, draft, or order upon presentation.
- It's also illegal, with the intent to defraud, to make, draw, issue, or deliver, within a 10-day period, three or more checks, drafts, or orders for the payment of money against any bank or other depository, knowing at the time of each action that you don't have sufficient funds or credit with the bank or other depository for the full payment of the check, draft, or order upon presentation.
Penalties:
- Violating either of the above sections is a felony. The punishment can be imprisonment for up to 2 years, a fine up to $500, or both.
Importance of Understanding Section 750.131a
This law reinforces the need for honesty and integrity in dealing with financial transactions. It is designed to prevent fraud related to the issuance of checks, drafts, and other orders for payment when there is no account or insufficient funds. Understanding and complying with this law is crucial to avoid serious consequences, such as imprisonment and substantial fines.