6-3B-6: FRAUD BY CHECK:
A. As used in this section, unless the context otherwise requires:
CHECK: A written, unconditional order to pay a sum certain in money drawn on a bank, payable on demand, and signed by the drawer.
DRAWEE: The bank upon which a check is drawn.
DRAWER: A person, either real or fictitious whose name appears on a check as the primary obligor, whether the actual signature be that of the person or of a person authorized to draw a check on himself.
INSUFFICIENT FUNDS: A drawer has insufficient funds with the drawee to pay a check or when the drawer has no checking account with the drawee, or has funds in a checking account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for "no account" shall also be deemed to be dishonored for "insufficient funds".
ISSUE: A person issues a check when he makes, draws, delivers or passes it or causes it to be made, drawn, delivered or passed.
B. Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property or other thing of value, commits fraud by check, which is unlawful.
C. Notwithstanding any other provision of this section, no violation of this section occurs if: (Ord. 13, Series 1981)
1. The check alleged to be fraudulent was for the sum of two thousand dollars ($2,000.00) or more; or
2. The person has committed fraud by check involving the issuance of two (2) or more checks within any sixty (60) day period in the state totaling two thousand dollars ($2,000.00) or more in the aggregate; or (Ord. 36, Series 2013)
3. The person issuing the check has been twice previously convicted under Colorado Revised Statutes section 18-5-205, or any former Colorado statute of similar content and purpose; or
4. The allegedly fraudulent check was drawn on an account which did not exist or which had been closed for a period of thirty (30) days or more prior to the issuance of said check.
D. It shall be unlawful for any person to open a checking account using false identification or an assumed name for the purpose of issuing fraudulent checks.
E. If deferred prosecution or sentencing is ordered, the court, as a condition of such disposition, may require the defendant to make restitution on all checks issued by the defendant which are unpaid as of the date of commencement of the deferred period in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant.
F. A bank shall not be civilly or criminally liable for releasing information relating to the drawer's account to a police officer, town attorney, assistant town attorney, or authorized investigator for a town attorney investigating or prosecuting a charge under this section. (Ord. 13, Series 1981)