THE MICHIGAN PENAL CODE
Act 328 of 1931
750.131 Check, draft, or order for payment of money; making, drawing, uttering, or delivering without sufficient funds with intent to defraud; violation; penalties; enhanced sentence based on prior convictions.
Sec. 131.
(1) A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud and knowing at the time of the making, drawing, uttering, or delivering that the maker or drawer does not have sufficient funds in or credit with the bank or other depository to pay the check, draft, or order in full upon its presentation.
(2) A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact was not known to the person when the person made, drew, uttered, or delivered the check, draft, or order.
(3) A person who violates this section is guilty of a crime as follows:
(a) If the amount payable in the check, draft, or order is less than $100.00, as follows:
(i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(ii) For an offense following 1 or more prior convictions under this section or a local ordinance substantially corresponding to this section, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(b) If the amount payable in the check, draft, or order is $100.00 or more but less than $500.00, as follows:
(i) For a first or second offense, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine.
(ii) For an offense following 2 or more prior convictions under this section, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a).
(c) If the amount payable in the check, draft, or order is $500.00 or more, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine.
(4) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(5) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.131 ;-- Am. 1962, Act 65, Eff. Mar. 28, 1963 ;-- Am. 1984, Act 277, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
FormerLaw Notes:
See section 1 of Act 271 of 1919, being CL 1929, § 12064; and Act 142 of 1923.
Notes of Decisions
Cited in
35
cases (
4 in the last 5 years), 1967–2025 · leading case:
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001).
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001).
· cites it 4× “§ 750.131(3)(a), and sentenced to a term of one to two years' imprisonment.”
People v. Allen, 884 N.W.2d 548 (Mich. 2016).
· cites it 2× “79(4) (intent to commit arson); MCL 750.131(5) (checks drawn on insufficient funds); MCL 750.”
People v. Ford, 331 N.W.2d 878 (Mich. 1987).
· cites it 2× “415, instead of under the statute which prohibits delivery of an insufficient funds check, MCL 750.131; MSA 28.326. On the facts of LaRose, the defendant's only false pretense was his false representation incident to the giving of an insufficient funds check.”
People v. LaRose, 274 N.W.2d 45 (Mich. Ct. App. 1978).
· cites it 3× “MCL 750.131; MSA 28.326. Pursuant to a plea bargain in which other outstanding charges *300 were dropped and charges for other alleged crimes were not brought, the second count was dropped and defendant pled guilty to count one.”
People v. Worden, 284 N.W.2d 159 (Mich. Ct. App. 1979).
· cites it 2× “[2] MCL 750.131; MSA 28.326. If the amount of the check is over $50, this offense is a felony punishable by imprisonment in the county jail for not more than one year; if $50 or less, it is a misdemeanor.”
Gradisher v. Cnty. of Muskegon, 255 F. Supp. 2d 720 (W.D. Mich. 2003).
· cites it 3× “§ 750.131 provides: A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud and knowing at the time of the making, drawing, uttering, or…”
People v. Cervi, 717 N.W.2d 356 (Mich. Ct. App. 2006).
“92 was not applicable because MCL 750.131, “the statute under which defendant was convicted, expressly provides for the punishment of the offense of attempting to break, burn, blow-up or otherwise injure or destroy any safe”).”
Gradisher v. Check Enf't Unit, Inc., 210 F. Supp. 2d 907 (W.D. Mich. 2002).
“§§ 750.131, 750.132. CEU also points out that criminal prosecution is always a possibility because CEU forwards a file to the Sheriffs Department for investigation after the *916 check writer fails to respond to the second notice and the Sheriffs Department usually sends the…”
People v. Krist, 309 N.W.2d 708 (Mich. Ct. App. 1981).
· cites it 2× “In People v Major, 106 Mich App 226 ; 307 NW2d 451 (1981), defendant plead guilty to one count of drawing a check without having an account, MCL 750.131(a); MSA 28.326(1), and one count of attempting to obtain over $100 by means of false pretenses, MCL 750.”
In re Bazzi, 481 B.R. 397 (Bankr. E.D. Mich. 2012).
· cites it 2× “The six other counts were for passing checks without sufficient funds, in the amount of $500 or more, “with intent to defraud,” in violation of Mich.Comp.Laws § 750.131(1) and (3)(c). 3 The victim of Debtor’s fraudulent crimes was Sunshine Oil Company.”
People v. Hodgins, 270 N.W.2d 527 (Mich. Ct. App. 1978).
“MCL 750.131; MSA 28.326. We would suggest that the Legislature follow the example of other states and enact a specific statute making it a forgery for an individual to open an account or issue checks on an account opened in the name of another with the intent to defraud third…”
People v. Cimini, 190 N.W.2d 323 (Mich. Ct. App. 1971).
· cites it 4× “Critical facts referred to in defendant's brief on rehearing, apparently not considered by the trial court, warrant further consideration of defendant's conviction for violation of MCLA § 750.131 (Stat Ann 1971 Cum Supp § 28.”
— Mich. Comp. Laws § 750.131(1) — 2 cases
In re Bazzi, 481 B.R. 397 (Bankr. E.D. Mich. 2012).
“The six other counts were for passing checks without sufficient funds, in the amount of $500 or more, “with intent to defraud,” in violation of Mich.Comp.Laws § 750.131(1) and (3)(c). 3 The victim of Debtor’s fraudulent crimes was Sunshine Oil Company.”
Gradisher v. Cnty. of Muskegon, 255 F. Supp. 2d 720 (W.D. Mich. 2003).
“§ 750.131 provides: A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud and knowing at the time of the making, drawing, uttering, or…”
— Mich. Comp. Laws § 750.131(2) — 1 case
Gradisher v. Cnty. of Muskegon, 255 F. Supp. 2d 720 (W.D. Mich. 2003).
“§ 750.131 provides: A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud and knowing at the time of the making, drawing, uttering, or…”
— Mich. Comp. Laws § 750.131(3)(a) — 1 case
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001).
“§ 750.131(3)(a), and sentenced to a term of one to two years' imprisonment.”
— Mich. Comp. Laws § 750.131(3)(b) — 1 case
— Mich. Comp. Laws § 750.131(3)(c) — 9 cases
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001).
“§ 750.131(3)(a), and sentenced to a term of one to two years' imprisonment.”
— Mich. Comp. Laws § 750.131(5) — 1 case
People v. Allen, 884 N.W.2d 548 (Mich. 2016).
“79(4) (intent to commit arson); MCL 750.131(5) (checks drawn on insufficient funds); MCL 750.”
— Mich. Comp. Laws § 750.131(a) — 2 cases
People v. Krist, 309 N.W.2d 708 (Mich. Ct. App. 1981).
“In People v Major, 106 Mich App 226 ; 307 NW2d 451 (1981), defendant plead guilty to one count of drawing a check without having an account, MCL 750.131(a); MSA 28.326(1), and one count of attempting to obtain over $100 by means of false pretenses, MCL 750.”
— Mich. Comp. Laws § 750.131(c) — 1 case
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