C.R.S. Section 18-5-512
Issuance of bad check

(1)

In adopting this section, the general assembly declares as a matter of policy that the issuance and delivery of a known bad check by any person is, in itself, not only harmful to the person to whom it is given but is also injurious to the community at large and is, therefore, a proper subject for criminal sanction without regard to the purpose for which the check was given.

(2)

“Insufficient funds” means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty days after such presentment.

(3)

Except as provided in section 18-5-205, a person commits a petty offense if the person issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

(4)

This section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for purposes of this section, the issuer’s knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:

(a)

He has no account with the bank or other drawee at the time he issues the check or order; or

(b)

He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue.

(5)

A bank shall not be civilly or criminally liable for releasing information relating to the issuer’s account to a sheriff, deputy sheriff, undersheriff, police officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney investigating or prosecuting a charge under this section.

(6)

Restitution for offenses described in this section may be collected as a condition of pretrial diversion by a district attorney, an employee of a district attorney’s office, or a person under contract with a district attorney’s office. Such collection is governed by the provisions of article 18.5 of title 16, C.R.S., and is not the collection of a debt.

Source: Section 18-5-512 — Issuance of bad check, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑5‑101
Definitions 18‑5‑102
Forgery 18‑5‑104
Second degree forgery 18‑5‑104.5
Use of forged academic record 18‑5‑105
Criminal possession of a forged instrument 18‑5‑107
Criminal possession of second degree forged instrument 18‑5‑108
Merger of offenses 18‑5‑109
Criminal possession of forgery devices 18‑5‑110
Criminal simulation 18‑5‑110.5
Trademark counterfeiting 18‑5‑111
Unlawfully using slugs 18‑5‑112
Obtaining signature by deception 18‑5‑113
Criminal impersonation 18‑5‑114
Offering a false instrument for recording 18‑5‑116
Controlled substances - inducing consumption by fraudulent means 18‑5‑205
Fraud by check - definitions - penalties 18‑5‑206
Defrauding a secured creditor or debtor 18‑5‑207
Purchase on credit to defraud 18‑5‑208
Dual contracts to induce loan 18‑5‑209
Issuing a false financial statement - obtaining a financial transaction device by false statements 18‑5‑210
Receiving deposits in a failing financial institution 18‑5‑211
Insurance fraud - definitions 18‑5‑301
Fraud in effecting sales 18‑5‑302
Unlawful activity concerning the selling of land 18‑5‑303
Bait advertising 18‑5‑304
False statements as to circulation 18‑5‑305
Identification number - altering - possession 18‑5‑307
Fee paid to private employment agencies 18‑5‑308
Electronic mail fraud 18‑5‑309
Money laundering - illegal investments - penalty - definitions 18‑5‑401
Commercial bribery and breach of duty to act disinterestedly 18‑5‑402
Rigging publicly exhibited contests 18‑5‑403
Bribery in sports 18‑5‑501
Definitions 18‑5‑502
Failure to pay over assigned accounts 18‑5‑504
Concealment or removal of secured property 18‑5‑505
Failure to pay over proceeds unlawful 18‑5‑506
Fraudulent receipt - penalty 18‑5‑507
False statement in receipt - penalty 18‑5‑508
Duplicate receipt not marked - penalty 18‑5‑509
Warehouse’s goods mingled - receipts - penalty 18‑5‑510
Delivery of goods without receipt - penalty 18‑5‑511
Mortgaged goods receipt - penalty 18‑5‑512
Issuance of bad check 18‑5‑701
Definitions 18‑5‑702
Unauthorized use of a financial transaction device 18‑5‑705
Criminal possession or sale of a blank financial transaction device 18‑5‑706
Criminal possession of forgery devices 18‑5‑707
Unlawful manufacture of a financial transaction device 18‑5‑801
Definitions 18‑5‑802
Equity skimming of real property 18‑5‑803
Equity skimming of a vehicle 18‑5‑804
Civil action 18‑5‑901
Definitions 18‑5‑902
Identity theft 18‑5‑903
Criminal possession of a financial device 18‑5‑903.5
Criminal possession of an identification document 18‑5‑904
Gathering identity information by deception 18‑5‑905
Possession of identity theft tools
Green check means up to date. Up to date

Current through Fall 2024

§ 18-5-512’s source at colorado​.gov