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2018 Georgia Code 16-9-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-9-21 Case Law from Google Scholar Amendments to OCGA 16-9-21

TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 2 DEPOSIT ACCOUNT FRAUD

16-9-21. Printing, executing, or negotiating checks, drafts, orders, or debit card sales drafts knowing information thereon to be in error, fictitious, or assigned to another account holder.

  1. It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales drafts, drawn upon any financial institution or to execute or negotiate any check, draft, order, or debit card sales draft knowing that the account number, routing number, or other information printed on such check, draft, order, or debit card sales draft is in error, fictitious, or assigned to another account holder or financial institution.
  2. Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both.

(Code 1981, §16-9-21, enacted by Ga. L. 1989, p. 1570, § 2; Ga. L. 1994, p. 1787, § 4.)

JUDICIAL DECISIONS

Lesser included offense of forgery.

- Offense of negotiating a fictitious check is a lesser included offense of forgery, and, in a prosecution for forgery, the trial court's failure to give a charge on negotiating fictitious checks constituted reversible error. Adams v. State, 217 Ga. App. 759, 458 S.E.2d 918 (1995).

Jury instruction on negotiating fictitious check not required.

- In a trial for first-degree forgery, the trial court did not err in refusing to give a requested charge on negotiating a fictitious check under O.C.G.A. § 16-9-21 because it was not adjusted to the facts. No evidence was presented at trial that the defendant printed or caused to be printed the check in question. Wilkes v. State, 293 Ga. App. 724, 667 S.E.2d 705 (2008), overruled on other grounds, Clay v. State, 290 Ga. 822, 725 S.E.2d 260 (2012).

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