2015 ORS 165.065¹
Negotiating a bad check

(1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

(3) Negotiating a bad check is:

(a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]

Notes of Decisions

Jury instruc­tion requiring inference in pros­e­cu­­tion for negotiating bad check that if defendant did not make good on check within ten days after receiving notice of refusal that he had knowledge at time check was drawn that it would be dishonored was improper instruc­tion permitting jury to make presump­tion as to ele­ment of crime and was reversible error. State v. Short, 88 Or App 567, 746 P2d 742 (1987)

Prima facie evidence of knowledge that check or order would not be honored is not ele­ment of crime that state must prove to es­tab­lish that defendant negotiated bad check. State v. Kirkland, 241 Or App 40, 249 P3d 554 (2011)

Law Review Cita­tions

51 OLR 533 (1972)

Chapter 165

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 165—Offenses Involving Fraud or Deception, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors165.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 165, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano165.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.