THE MICHIGAN PENAL CODE
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
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1969–2026 · leading case:
People v. Bernard Smith, 266 N.W.2d 40 (Mich. Ct. App. 1978).
People v. Bernard Smith, 266 N.W.2d 40 (Mich. Ct. App. 1978).
· cites it 4× “MCLA 750.131a; MSA 28.326(1). Under Renno , the prosecutor would be allowed to impeach credibility by using a conviction under MCLA 750.”
People v. Hooks, 279 N.W.2d 598 (Mich. Ct. App. 1979).
· cites it 4× “On September 13, 1976, a notice of probation violation was filed, charging that during probation, defendant had three times been convicted of larceny under $100, MCL 750.”
People v. Worden, 284 N.W.2d 159 (Mich. Ct. App. 1979).
· cites it 2× “[4] MCL 750.131a; MSA 28.326(1). This offense is a felony punishable by imprisonment in the state prison for not more than two years.”
People v. Bearss, 625 N.W.2d 10 (Mich. 2001).
“MCL 750.131a(2); MSA 28.326(1)(2). The jury found defendant guilfy of one count of taking by false pretenses over $100.”
People v. Major, 307 N.W.2d 451 (Mich. Ct. App. 1981).
· cites it 2× “On July 23, 1979, defendant was sentenced to 40 months to five years imprisonment on the attempted false pretenses charge and to 16 months to two years on the no-account check charge.”
People v. McMillan, 242 N.W.2d 518 (Mich. Ct. App. 1976).
· cites it 2× “Under Renno , the prosecutor would be allowed to impeach credibility by using a conviction under MCLA 750.131a; MSA 28.326(1); he would not be able to do so by using one under MCLA 750.”
People v. Seda-Ruiz, 273 N.W.2d 602 (Mich. Ct. App. 1978).
· cites it 2× “The defendant in a plea bargain agreement pled guilty on October 14, 1977, to passing three nonsufficient fund checks in ten days *102 with intent to defraud, contrary to MCL 750.131a; MSA 28.326(1). The plea bargain provided for the people to dismiss a similar charge pending…”
People v. Peach, 437 N.W.2d 9 (Mich. Ct. App. 1989).
· cites it 2× “Defendant first claims that the circuit court erred when it reversed the district court’s decision that she could only be charged with drawing a check upon a bank without any bank account, MCL 750.131a(l); MSA 28.326(1X1). We note that defendant was originally charged with…”
People v. Ronowski, 564 N.W.2d 466 (Mich. Ct. App. 1997).
· cites it 2× “95-8905-FH, defendant was charged with one count of writing a check without an account, MCL 750.131a(1); MSA 28.326(1)(1), and being an habitual offender, fourth offense.”
People v. Susalla, 220 N.W.2d 405 (Mich. 1974).
“, MCLA 750.131a; MSA 28.326(1), drawing checks upon bank without any bank account.”
People v. Coats, 168 N.W.2d 463 (Mich. Ct. App. 1969).
“Defendant entered a plea of guilty to a charge of drawing checks with insufficient funds in violation of CL 1948, § 750.131a (Stat Ann;1962 Rev §'28.326'[1]).”
People v. Henson, 171 N.W.2d 26 (Mich. Ct. App. 1969).
“On May 22, 1968, defendant pled guilty to the crime of uttering and publishing a check without having a cheeking account (CL 1948, § 750.131a [Stat Ann 1962 Rev § 28.326(1)]) and subsequently was sentenced to serve one year and eleven months to two years.”
— Mich. Comp. Laws § 750.131a(1) — 3 cases
People v. Ronowski, 564 N.W.2d 466 (Mich. Ct. App. 1997).
“95-8905-FH, defendant was charged with one count of writing a check without an account, MCL 750.131a(1); MSA 28.326(1)(1), and being an habitual offender, fourth offense.”
— Mich. Comp. Laws § 750.131a(2) — 2 cases
People v. Bearss, 625 N.W.2d 10 (Mich. 2001).
“MCL 750.131a(2); MSA 28.326(1)(2). The jury found defendant guilfy of one count of taking by false pretenses over $100.”
People v. Ronowski, 564 N.W.2d 466 (Mich. Ct. App. 1997).
“95-8905-FH, defendant was charged with one count of writing a check without an account, MCL 750.131a(1); MSA 28.326(1)(1), and being an habitual offender, fourth offense.”
— Mich. Comp. Laws § 750.131a(l) — 1 case
People v. Peach, 437 N.W.2d 9 (Mich. Ct. App. 1989).
“Defendant first claims that the circuit court erred when it reversed the district court’s decision that she could only be charged with drawing a check upon a bank without any bank account, MCL 750.131a(l); MSA 28.326(1X1). We note that defendant was originally charged with…”
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