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Utah criminal charge

Issuing a bad check or draft in Utah

Current through 2026 Utah legislative session

Issuing a bad check or draft is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-505. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Utah Code Ann. § 76-6-505.

What is the penalty for issuing a bad check or draft in Utah?

Penalties for Issuing a bad check or draft
PenaltyRangeBasisAuthority
Jail / prisonup to 6 months (Bad check — under $500 — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals less than $500.)discretionaryUtah Code Ann. § 76-3-204
Fineup to $1,000 (Bad check — under $500 — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals less than $500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonBad check — $500 to under $1,500 — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $500 or more but less than $1,500.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Bad check — $500 to under $1,500 — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $500 or more but less than $1,500.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 5 years (Bad check — $1,500 to under $5,000 — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $1,500 or more but less than $5,000.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Bad check — $1,500 to under $5,000 — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $1,500 or more but less than $5,000.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Bad check — $5,000 or more — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $5,000 or more.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Bad check — $5,000 or more — The check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $5,000 or more.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is issuing a bad check or draft classified in Utah?

The classification depends on the circumstances:

Classification variants for Issuing a bad check or draft
VariantClassificationWhen it appliesStatute
Bad check — under $500Class B MisdemeanorThe check, draft, or series of checks/drafts drawn in Utah within a six-month period totals less than $500.Utah Code Ann. § 76-6-505(3)(a)
Bad check — $500 to under $1,500Class A MisdemeanorThe check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $500 or more but less than $1,500.Utah Code Ann. § 76-6-505(3)(b)
Bad check — $1,500 to under $5,000Third Degree FelonyThe check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $1,500 or more but less than $5,000.Utah Code Ann. § 76-6-505(3)(c)
Bad check — $5,000 or moreSecond Degree FelonyThe check, draft, or series of checks/drafts drawn in Utah within a six-month period totals $5,000 or more.Utah Code Ann. § 76-6-505(3)(d)

Common questions about issuing a bad check or draft in Utah

Is issuing a bad check or draft a felony or a misdemeanor in Utah?

It depends on the circumstances: issuing a bad check or draft ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-505.

Bad check — under $500: Class B Misdemeanor (Utah Code Ann. § 76-6-505(3)(a)) · Bad check — $500 to under $1,500: Class A Misdemeanor (Utah Code Ann. § 76-6-505(3)(b)) · Bad check — $1,500 to under $5,000: Third Degree Felony (Utah Code Ann. § 76-6-505(3)(c)) · Bad check — $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-6-505(3)(d))

What are the penalties for issuing a bad check or draft in Utah?

Penalties for issuing a bad check or draft in Utah depend on how it is classified — from a Class B Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.

Which Utah statute covers issuing a bad check or draft?

Issuing a bad check or draft is governed by Utah Code Ann. § 76-6-505 (Issuing a bad check or draft - Presumption).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.