Title 6 - Banks and Banking
Chapter 6-08 - General Provisions
6-08-16. Issuing bad check or NSF check or draft without sufficient funds or credit - Notice - Time limitation - Financial liability - Penalty.
1. A person may not, for that person, as the agent or representative of another, or as an officer or member of a firm, company, copartnership, or corporation, make, draw, utter, or deliver any bad check or NSF check, draft, or order, or authorize an electronic funds transfer, for the payment of money upon a bank, banker, or depository, if at the time of the making, drawing, uttering, electronically authorizing, or delivery, or at the time of presentation for payment, if the presentation for payment is made within fourteen days after the original delivery thereof, there are not sufficient funds in or credit with the bank, banker, or depository to meet the bad check or NSF check, draft, electronic funds transfer, or order in full upon its authorized presentation. Violation of this subsection is: a. An infraction if the amount of insufficient funds or credit is not more than fifty dollars;

b. A class B misdemeanor if the amount of insufficient funds or credit is more than fifty dollars but not more than two hundred fifty dollars, or if the individual has pled guilty or been found guilty of a violation of this section within three years of issuing an insufficient funds bad check or NSF check, draft, or order;

c. A class A misdemeanor if the amount of insufficient funds or credit is more than two hundred fifty dollars but not more than five hundred dollars, or if the individual has pled guilty or been found guilty of two violations of this section within three years of issuing an insufficient funds bad check or NSF check, draft, or order; or

d. A class C felony if the amount of insufficient funds or credit is more than five hundred dollars, or an individual has pled guilty or been found guilty of three or more violations of this section within five years of willfully issuing an insufficient funds bad check or NSF check, draft, or order. 2. The grade of an offense under this section may be determined by individual or aggregate totals of insufficient funds bad check or NSF checks, drafts, electronic funds transfer authorizations, or orders. The person is also liable for collection fees or costs, not in excess of twenty-five dollars, which are recoverable by the holder, or its agent or representative, of the bad check or NSF check, draft, electronic funds transfer authorization, or order. A collection agency shall reimburse the original holder of the bad check or NSF check, draft, electronic funds transfer authorization, or order any additional charges assessed by the depository bank of the bad check or NSF check, draft, electronic funds transfer authorization, or order not in excess of two dollars if recovered by the collection agency. A civil penalty is also recoverable by civil action by the holder, or its agent or representative, of the bad check or NSF check, draft, electronic funds transfer authorization, or order. The civil penalty consists of payment to the holder, or its agent or representative, of the instrument of the lesser of two hundred dollars or three times the amount of the instrument. The court may order an individual convicted under this section to undergo an evaluation by a licensed gaming, alcohol, or drug addiction counselor.

3. The word "credit" as used in this section means an arrangement or understanding with the bank, banker, or depository for the payment of the bad check or NSF check, draft, electronic funds transfer authorization, or order. The making of a postdated bad check or NSF check knowingly received as such, or of a bad check or NSF check issued under an agreement with the payee that the bad check or NSF check would not be presented for payment for a time specified, does not violate this section.

4. A notice of dishonor may be mailed by the holder, or the holder's agent or representative, of the bad check or NSF check upon dishonor. Proof of mailing may be made by return receipt or by an affidavit of mailing signed by the individual making the mailing. The notice must be in substantially the following form:

The notice of dishonor also may contain a recital of the penal provisions of this section and the possibility of a civil action to recover any collection fees or costs or civil penalty authorized by this section.
5. An agent acting for the receiver of a bad check or NSF check in violation of this section may present the bad check or NSF check to the state's attorney for prosecution if the holder, or the holder's agent or representative, mailed a notice under subsection 4. The criminal complaint for the offense of issuing a bad check or NSF check, draft, electronic funds transfer authorization, or order without sufficient funds under this section must be executed within not more than ninety days after the dishonor by the drawee of said instrument for nonsufficient funds. The failure to execute a complaint within said time bars the criminal charge under this section.


Title 6 - Banks and Banking
Chapter 6-08 - General Provisions
6-08-16.1. Issuing bad check or NSF check or draft without account - Penalty.
Any person who issues any bad check or NSF check, draft, or order, or authorizes an electronic funds transfer, upon any bank or depository, for the payment of money, and, at the time of the issuance does not have an account with the bank or depository upon which the bad check or NSF check, draft, electronic funds transfer authorization, or order was written, is guilty of a class A misdemeanor.


Title 6 - Banks and Banking
Chapter 6-08 - General Provisions
6-08-16.2.Issuing bad check or NSF check without account - Financial liability - Penalty - Exceptions.

1. As used in this section: a. "Account" means any account at a bank or depository from which an instrument could legally be paid.
b. "Dishonor" is synonymous with "nonpayment".

c. "Instrument" means any bad check or NSF check, draft, electronic
funds transfer authorization, or order for the payment of money.

d. "Issues" means draws, utters, electronically authorizes, or delivers.

2. A person who, for that person or as agent or representative of another, willfully as defined in section 12.1-02-02 issues any instrument is guilty of a class C felony if that person has been previously convicted of issuing an instrument without an account pursuant to section 6-08-16.1, and at the time of issuing the instrument the drawer does not have an account with the bank or depository on which the instrument is drawn.

3. A person who, for that person or an agent or representative of another, willfully as defined in section 12.1-02-02 issues any instrument is guilty of a class C felony if the instrument was for at least five hundred dollars or that person, agent, or representative of another, issues more than one instrument wherein the aggregate total of all instruments issued exceeds five hundred dollars, and at the time of issuing the instrument, the drawer does not have an account with the bank or depository on which the instrument is drawn.

4. A person who issues an instrument under subsection 2 or 3 also is liable for collection fees or costs, not in excess of twenty-five dollars per instrument, which are recoverable by the holder of the instrument, or the holder's agent or resentative. A civil penalty is also recoverable by civil action by the holder, or its agent or representative, of the instrument. The civil penalty consists of payment to the holder of the instrument of the lesser of two hundred dollars or three times the amount of the instrument.

5. An agent acting for the receiver of an instrument issued in violation of this section may present the instrument to the state's attorney for prosecution if the holder, or the holder's agent or representative, mailed a notice under subsection 6. A criminal complaint for violating this section must be executed within ninety days after the drawer receives notice from the holder, or its agent or representative, of a no-account or closed-account instrument.

6. A notice of dishonor may be mailed by the holder, or the holder's agent or representative, of the instrument upon dishonor. Proof of mailing may be made by return receipt or by an affidavit of mailing signed by the individual making the mailing. The notice must be in substantially the following form:


The notice may also contain a recital of the penal provisions of this section and the possibility of a civil action to recover any collection fees or costs authorized by this section.

Title 6 - Banks and Banking
Chapter 6-08 - General Provisions
6-08-16.3. Consolidation of offenses - Dishonored bad check or NSF checks.
When the same person commits two or more offenses under sections 6-08-16, 6-08-16.1, and 6-08-16.2 in more than one county of this state, the offenses may be combined and prosecution may be brought in any county in which one of the dishonored bad check or NSF checks was issued.


Title 6 - Banks and Banking
Chapter 6-08 - General Provisions
6-08-16.4. Return of paid bad check or NSF checks to the issuer.
When the holder, or its agent or representative, of a bad check or NSF check receives full payment for the amount of a bad check or NSF check issued without sufficient funds or credit, or without account, the bad check or NSF check must be returned to the issuer upon the payment of any civil penalty assessed if the issuer appears and requests the return of the bad check or NSF check or the issuer furnishes a self-addressed stamped envelope.