Elements And Punishments Associated With Theft By Check

Theft by check, also known as issuing a worthless (“hot”) check, is a crime in Texas governed by Texas Penal Code Section 31.06. Here’s a breakdown of the elements and the value ladder with its corresponding punishments:

Elements of Theft By Check

For a person to be charged with theft by check in Texas, the prosecution must prove the following elements:

1. Issuing or Passing a Check: The defendant wrote and delivered a check to another person or business.
2. Insufficient Funds: At the time the check was presented, the defendant did not have sufficient funds in their account to cover the check amount.
3. Knowledge of Insufficient Funds: The defendant knew or should have known that their account lacked sufficient funds to cover the check.

Value Ladder And Punishments

The seriousness of the offense and potential punishment depend on the value of the check:

• Class C Misdemeanor (under $100): A fine not to exceed $500.
• Class B Misdemeanor ($100 or more but less than $750): A fine not to exceed $2,000 or confinement in jail for up to 180 days, or both.
• Class A Misdemeanor ($750 or more but less than $2,500): A fine not to exceed $4,000 or confinement in jail for up to 365 days, or both.
• State Jail Felony ($2,500 or more but less than $30,000): Confinement in a state jail facility for up to 2 years and a fine not to exceed $10,000.
• Third-Degree Felony ($30,000 or more but less than $150,000): Imprisonment in prison for 2 to 10 years and a fine not to exceed $10,000.
• Second-Degree Felony ($150,000 or more but less than $300,000): Imprisonment in prison for 2 to 20 years and a fine not to exceed $10,000.
• First-Degree Felony (more than $300,000): Imprisonment in prison for 5 to 99 years or life, and a fine not to exceed $10,000.

Additional Points

• Notice Requirement: Texas law requires the payee (the person who receives the check) to provide written notice to the issuer (the person who wrote the check) detailing the insufficient funds and demanding payment within 10 days. Failure to pay within 10 days after receiving the notice strengthens the presumption of theft by check.
• Defenses: There are potential defenses to a theft by check charge, such as a mistake of fact (e.g., believing you had sufficient funds) or banking errors. Consulting with an attorney is crucial to explore potential defenses in your specific case.