ORS 165.065
Negotiating a bad check

(1)

A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2)

For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a)

The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b)

Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

(3)

Negotiating a bad check is:

(a)

A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

(b)

Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]

Source: Section 165.065 — Negotiating a bad check, https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html.

Notes of Decisions

Jury instruction requiring inference in prosecution for negotiating bad check that if defendant did not make good on check within ten days after receiving notice of refusal that he had knowledge at time check was drawn that it would be dishonored was improper instruction permitting jury to make presumption as to element of crime and was reversible error. State v. Short, 88 Or App 567, 746 P2d 742 (1987)

Prima facie evidence of knowledge that check or order would not be honored is not element of crime that state must prove to establish that defendant negotiated bad check. State v. Kirkland, 241 Or App 40, 249 P3d 554 (2011)

Law Review Citations

51 OLR 533 (1972)

165.002
Definitions for ORS 165.002 to 165.070 165.007
Forgery in the second degree 165.013
Forgery in the first degree 165.017
Criminal possession of a forged instrument in the second degree 165.022
Criminal possession of a forged instrument in the first degree 165.027
Evidence admissible to prove forgery or possession of forged instrument 165.032
Criminal possession of a forgery device 165.037
Criminal simulation 165.042
Fraudulently obtaining a signature 165.047
Unlawfully using slugs 165.055
Fraudulent use of a credit card 165.065
Negotiating a bad check 165.070
Possessing fraudulent communications device 165.072
Definitions for ORS 165.072 and 165.074 165.074
Unlawful factoring of payment card transaction 165.075
Definitions 165.080
Falsifying business records 165.085
Sports bribery 165.090
Sports bribe receiving 165.095
Misapplication of entrusted property 165.100
Issuing a false financial statement 165.102
Obtaining execution of documents by deception 165.109
Failing to maintain a cedar purchase record 165.114
Sale of educational assignments 165.116
Definitions for ORS 165.116 to 165.124 165.117
Metal property transaction records 165.118
Metal property offenses 165.122
Compliance with subpoena for information related to metal transaction 165.124
Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122 165.127
County metal theft plan of action 165.535
Definitions applicable to obtaining contents of communications 165.540
Obtaining contents of communications 165.542
Reports required concerning use of electronic listening device 165.543
Interception of communications 165.545
Prohibitions not applicable to fire or police activities 165.549
Prevention of telephone communications when hostage taken 165.555
Unlawful telephone solicitation of contributions for charitable purposes 165.560
Application of ORS 165.555 165.565
Optional local ordinances 165.570
Improper use of emergency communications system 165.572
Interference with making a report 165.575
Definitions for ORS 165.575 to 165.583 165.577
Cellular counterfeiting in the third degree 165.579
Cellular counterfeiting in the second degree 165.581
Cellular counterfeiting in the first degree 165.583
Exemptions from ORS 165.577, 165.579 and 165.581 165.657
Definitions for ORS 165.659 to 165.669 165.659
General prohibition 165.661
When provider of communication service may use devices 165.663
Use by police 165.667
Order by court 165.669
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device 165.671
Defense to civil or criminal action 165.673
Disclosure of results prohibited 165.690
Definitions for ORS 165.690, 165.692 and 165.694 165.692
Making false claim for health care payment 165.694
Aggregation of claims 165.696
Who may commence prosecution 165.698
Notice of conviction 165.800
Identity theft 165.803
Aggravated identity theft 165.805
Misrepresentation of age by a minor 165.810
Unlawful possession of a personal identification device 165.813
Unlawful possession of fictitious identification 165.815
Criminal impersonation 165.825
Sale of drugged horse 165.840
“Telegraphic copy” defined for ORS 165.845 and 165.850 165.845
Making and drawing of checks and notes by wire 165.850
Manner of expressing private and official seals in telegrams 165.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 165.065’s source at oregon​.gov