Alaska Statutes
Alaska Stat. § 11.46.280 (2026)
Issuing a bad check
✓ current as of July 2026
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Sec. 11.46.280. Issuing a bad check.
(a) A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee.
(b) In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if
(1) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or
(2) the drawer had no account with the drawee at the time the check was issued.
(c) In this section,
(1) “amount due” means the face amount of the dishonored check plus all costs and protest fees assessed by the drawee;
(2) “check” means a draft, check, or similar sight order for the payment of money, but does not include a postdated check or a promissory note;
(3) a person “issues” a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.
(d) Issuing a bad check is
(1) a class B felony if the face amount of the check is $25,000 or more;
(2) a class C felony if the face amount of the check is $750 or more but less than $25,000;
(3) a class A misdemeanor if the face amount of the check is $250 or more but less than $750;
(4) a class B misdemeanor if the face amount of the check is less than $250.
(a) A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee.
(b) In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if
(1) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or
(2) the drawer had no account with the drawee at the time the check was issued.
(c) In this section,
(1) “amount due” means the face amount of the dishonored check plus all costs and protest fees assessed by the drawee;
(2) “check” means a draft, check, or similar sight order for the payment of money, but does not include a postdated check or a promissory note;
(3) a person “issues” a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.
(d) Issuing a bad check is
(1) a class B felony if the face amount of the check is $25,000 or more;
(2) a class C felony if the face amount of the check is $750 or more but less than $25,000;
(3) a class A misdemeanor if the face amount of the check is $250 or more but less than $750;
(4) a class B misdemeanor if the face amount of the check is less than $250.
Notes of Decisions
Cited in 7
cases, 1983–2011 · leading case: Heathcock v. State, 670 P.2d 1155 (Alaska Ct. App. 1983).
Heathcock v. State, 670 P.2d 1155 (Alaska Ct. App. 1983). “505(a)(1) is analogous to AS 11.46.280 (issuing a bad check), and AS 11.”
Kelly v. State, 663 P.2d 967 (Alaska Ct. App. 1983). “Calvin Kelly was indicted on February 24, 1981, on charges of issuing a bad check in violation of AS 11.46.280. The indictment alleged that on or about the 24th day of October, 1980, Kelly had issued a check payable to Fred Meyer Jewelers in Fairbanks knowing that it would not…”
Delay-wilson v. State, 264 P.3d 375 (Alaska Ct. App. 2011). “" 4 In other words, the offense of issuing a bad check under AS 11.46.280 requires proof that the defendant signed or otherwise authorized the check in question.”
Gant v. State, 712 P.2d 906 (Alaska Ct. App. 1986). “Gant’s argument is premised entirely on his assumption that, under AS 11.46.280, the monetary *909 value of his bad checks is the sole determinant of the seriousness of the crime.”
Commonwealth v. Goren, 893 N.E.2d 786 (Mass. App. Ct. 2008). “Pearce, 7 Alaska 246, 248, 250 (1924) (interpreting an earlier version of Alaska Stat. § 11.46.280 [2006]; current version does not include property requirement); Ridenhour v.”
Hall v. State, 145 P.3d 605 (Alaska Ct. App. 2006). “For this conduct, Hall was charged with five counts of issuing a bad check, AS 11.46.280(a). While Hall was awaiting trial on these charges, Hall wrote a new series of more than 100 bad checks-checks backed by insufficient funds, or drawn on closed accounts-totaling…”
Winfree v. State, 683 P.2d 284 (Alaska Ct. App. 1984). “505(b), AS 11.46.280(d)(2), AS 11.46.-130(b). On each count Winfree was subject to a two-year presumptive sentence as a second felony offender because he had formerly been convicted of a felony larceny offense in North Carolina.”
— Alaska Stat. § 11.46.280(a) — 2 cases
Delay-wilson v. State, 264 P.3d 375 (Alaska Ct. App. 2011). “" 4 In other words, the offense of issuing a bad check under AS 11.46.280 requires proof that the defendant signed or otherwise authorized the check in question.”
Hall v. State, 145 P.3d 605 (Alaska Ct. App. 2006). “For this conduct, Hall was charged with five counts of issuing a bad check, AS 11.46.280(a). While Hall was awaiting trial on these charges, Hall wrote a new series of more than 100 bad checks-checks backed by insufficient funds, or drawn on closed accounts-totaling…”
— Alaska Stat. § 11.46.280(c)(3) — 1 case
Delay-wilson v. State, 264 P.3d 375 (Alaska Ct. App. 2011). “" 4 In other words, the offense of issuing a bad check under AS 11.46.280 requires proof that the defendant signed or otherwise authorized the check in question.”
— Alaska Stat. § 11.46.280(d)(2) — 4 cases
Heathcock v. State, 670 P.2d 1155 (Alaska Ct. App. 1983). “505(a)(1) is analogous to AS 11.46.280 (issuing a bad check), and AS 11.”
Gant v. State, 712 P.2d 906 (Alaska Ct. App. 1986). “Gant’s argument is premised entirely on his assumption that, under AS 11.46.280, the monetary *909 value of his bad checks is the sole determinant of the seriousness of the crime.”
Delay-wilson v. State, 264 P.3d 375 (Alaska Ct. App. 2011). “" 4 In other words, the offense of issuing a bad check under AS 11.46.280 requires proof that the defendant signed or otherwise authorized the check in question.”
Winfree v. State, 683 P.2d 284 (Alaska Ct. App. 1984). “505(b), AS 11.46.280(d)(2), AS 11.46.-130(b). On each count Winfree was subject to a two-year presumptive sentence as a second felony offender because he had formerly been convicted of a felony larceny offense in North Carolina.”
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