Dear crazyj12731-ga;
Thank you for allowing me to answer your interesting question.
The answer is YES. A check drawn with insufficient (non-sufficient)
funds is prosecutable as felony FRAUD in the District of Columbia in
violation of Criminal Code, DC ST § 22-3221.
?(a) FRAUD IN THE FIRST DEGREE. -- A person commits the offense of
fraud in the first degree if that person engages in a scheme or
systematic course of conduct with intent to defraud or to obtain
property of another by means of a false or fraudulent pretense,
representation, or promise and thereby obtains property of another or
causes another to lose property.
(b) FRAUD IN THE SECOND DEGREE. -- A person commits the offense of
fraud in the second degree if that person engages in a scheme or
systematic course of conduct with intent to defraud or to obtain
property of another by means of a false or fraudulent pretense,
representation, or promise.
(c) FALSE PROMISE AS TO FUTURE PERFORMANCE. -- Fraud may be committed
by means of false promise as to future performance which the accused
does not intend to perform or knows will not be performed. An intent
or knowledge shall not be established by the fact alone that one such
promise was not performed.?
DISTRICT OF COLUMBIA OFFICIAL CODE
TITLE 22. CRIMINAL OFFENSES AND PENALTIES.
SUBTITLE I. CRIMINAL OFFENSES.
CHAPTER 32. THEFT; FRAUD; STOLEN PROPERTY; FORGERY; AND EXTORTION.
SUBCHAPTER III. FRAUD; RELATED OFFENSES.
§ 22-3221. Fraud.
http://dccode.westgroup.com/Find/Default.wl?DocName=DCCODES22-3221&FindType=W&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0
The penalties for fraud vary depending on the type of fraud committed:
?(a) Fraud in the first degree. -- (1) Any person convicted of fraud
in the first degree shall be fined not more than $5,000 or 3 times the
value of the property obtained or lost, whichever is greater, or
imprisoned for not more than 10 years, or both, if the value of the
property obtained or lost is $250 or more; and
(2) Any person convicted of fraud in the first degree shall be fined
not more than $1,000 or imprisoned for not more than 180 days, or
both, if the value of the property obtained or lost was less than
$250.
(b) Fraud in the second degree. -- (1) Any person convicted of fraud
in the second degree shall be fined not more than $3,000 or 3 times
the value of the property which was the object of the scheme or
systematic course of conduct, whichever is greater, or imprisoned for
not more than 3 years, or both, if the value of the property which was
the object of the scheme or systematic course of conduct was $250 or
more; and
(2) Any person convicted of fraud in the second degree shall be fined
not more than $1,000 or imprisoned for not more than 180 days, or
both, if the value of the property which was the object of the scheme
or systematic course of conduct was less than $250.?
DISTRICT OF COLUMBIA OFFICIAL CODE
TITLE 22. CRIMINAL OFFENSES AND PENALTIES.
SUBTITLE I. CRIMINAL OFFENSES.
CHAPTER 32. THEFT; FRAUD; STOLEN PROPERTY; FORGERY; AND EXTORTION.
SUBCHAPTER III. FRAUD; RELATED OFFENSES.
§ 22-3222. Penalties for fraud.
http://dccode.westgroup.com/Find/Default.wl?DocName=DCCODES22-3222&FindType=W&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0
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Tutuzdad-ga ? Google Answers Researcher
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