CRIMINAL LAWAND PROCEDURE
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a credit institution for the payment of or to acquire
money or other property, knowing that it will not
be paid or honored by the credit institution upon
presentment in the usual course of business, com-
mits check deception, a Class A misdemeanor.
However, the offense is:
(1) a Level 6 felony if the amount of the
check, draft, or order is at least seven hun-
dred fifty dollars ($750) and less than fifty
thousand dollars ($50,000); and
(2) a Level 5 felony if the amount of the
check, draft, or order is at least fifty thou-
sand dollars ($50,000).
(b) An unpaid and dishonored check, a draft,
or an order that has the drawee’s refusal to pay and
reason printed, stamped, or written on or attached
to it constitutes prima facie evidence:
(1) that due presentment of it was made to
the drawee for payment and dishonor
thereof; and
(2) that it properly was dishonored for the
reason stated.
(c) The fact that a person issued or delivered
a check, draft, or an order, payment of which was
refused by the drawee, constitutes prima facie
evidence that the person knew that it would not be
paid or honored. In addition, evidence that a per-
son had insufficient funds in or no account with
the drawee credit institution constitutes prima
facie evidence that the person knew that the check,
draft, or order would not be paid or honored.
(d) The following two (2) items constitute
prima facie evidence of the identity of the maker
of the check, draft, or order if at the time of its
acceptance they are obtained and recorded, either
on the check, draft, or order itself or on file by the
payee:
(1) Name and residence, business, or mail-
ing address of the maker.
(2) Motor vehicle operator’s license num-
ber, Social Security number, home tele-
phone number, or place of employment
of the maker.
(e) It is a defense under subsection (a) if the
person who:
(1) has an account with a credit institu-
tion but does not have sufficient funds in
that account; and
(2) issues or delivers a check, a draft, or an
order for payment on that credit institution;
pays the payee or holder the amount due, together
with protest fees and any service fee or charge,
which may not exceed the greater or twenty-seven
dollars and fifty cents ($27.50) or five percent
(5%) (but not more than two hundred fifty dollars
($250)) of the amount due, that may be charged
by the payee or holder, within ten (10) days after
the date of mailing by the payee or holder of
notice to the person that the check, draft, or order
has not been paid by the credit institution. Notice
sent in the manner set forth in IC 26-2-7-3 con-
stitutes notice to the person that the check, draft,
or order has not been paid by the credit institution.
The payee or holder of a check, draft, or order that
has been dishonored incurs no civil or criminal lia-
bility for sending notice under this subsection.
(f) A person does not commit a crime under
subsection (a) when:
(1) the payee or holder knows that the per-
son has insufficient funds to ensure pay-
ment or that the check, draft, or order is
postdated; or
(2) insufficiency of funds or credit results
from an adjustment to the person’s account
by the credit institution without notice to
the person.
35-43-5-6. Utility fraud.
(a) A customer who utilizes any device or
scheme to avoid being assessed for the full amount
of services received from a utility or a cable TV
service provider commits a Class B infraction.
(b) Evidence that a customer’s metering device
has been altered, removed, or bypassed without the
knowledge of or notification to the utility is prima
facie evidence that the customer has utilized a
device or scheme to avoid being assessed for the
full amount of services received from the utility.
(c) Evidence that access to services of a util-
ity or a cable TV service provider has been
obtained without authority from the utility or the
cable TV service provider constitutes prima facie
evidence that the person benefiting from the access
has utilized a device or scheme to avoid being
assessed for the full amount of services received
from the utility or the cable TV service provider.
35-43-5-6.5. Sale or distribution of cable TV
devices.
