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New York statute

N.Y. Penal Law § 190.05 — Issuing a bad check

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 190: Other Frauds, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 190.05

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 190.05Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
190.05 Issuing a bad check. A person is guilty of issuing a bad check when: 1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation; or 2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation. Issuing a bad check is a class B misdemeanor.

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