(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing of value and with the intent, knowledge, or expectation that it will not be honored by the drawee.
(b) For the purposes of this section, it is prima facie evidence that the maker or drawer intended, knew, or expected that the instrument would not be honored in any of the following instances:
(1) The maker or drawer had no account with the drawee at the time the negotiable instrument was negotiated or delivered, as determined according to Section 7-3-503(2).
(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery, and the maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of not more than (fill in appropriate amount as provided by law), within 10 days after receiving written notice from the holder of the instrument that payment was refused upon the instrument, as provided in Section 13A-9-13.2.
(3) Notice that payment was refused is mailed by certified or registered mail and is returned undelivered to the sender, when the notice is mailed within a reasonable time after dishonor to the address printed on the instrument or given by the maker or drawer at the time of issuance of the instrument.
(c) Negotiating a worthless negotiable instrument is a Class A misdemeanor.
(d) The definition of "negotiable instrument" in Section 7-3-104 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3. For the purposes only of this section and Sections 13A-9-13.2 and 13A-9-13.3, the term "negotiable instrument" shall include electronic drafts.
(e) The definition of "negotiation" in Section 7-3-202 applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.
(f) The definition of "delivery" in Section 7-1-201(14) applies to this section and Sections 13A-9-13.2 and 13A-9-13.3.
Structure Code of Alabama
Chapter 9 - Forgery and Fraudulent Practices.
Article 1 - Forgery and Related Offenses.
Section 13A-9-1 - Definitions.
Section 13A-9-2 - Forgery in the First Degree.
Section 13A-9-3 - Forgery in the Second Degree.
Section 13A-9-3.1 - Forgery in the Third Degree.
Section 13A-9-4 - Forgery in the Fourth Degree.
Section 13A-9-5 - Criminal Possession of Forged Instrument in the First Degree.
Section 13A-9-6 - Criminal Possession of Forged Instrument in the Second Degree.
Section 13A-9-6.1 - Criminal Possession of Forged Instrument in the Third Degree.
Section 13A-9-7 - Criminal Possession of Forged Instrument in the Fourth Degree.
Section 13A-9-9 - Criminal Possession of Forgery Device.
Section 13A-9-10 - Criminal Simulation.
Section 13A-9-11 - Obtaining Signature by Deception.
Section 13A-9-12 - Offering False Instrument for Recording; Nullifaction or Expungement From Record.
Section 13A-9-13.1 - Negotiating Worthless Negotiable Instrument - Generally.
Section 13A-9-13.3 - Negotiating Worthless Negotiable Instrument - Prima Facie Evidence of Identity.
Section 13A-9-14 - Illegal Possession or Fraudulent Use of Credit Card or Debit Card.
Section 13A-9-14.1 - Fraud by Persons Authorized to Provide Goods and Services; Definitions.
Section 13A-9-15 - Reporting of Credit Card Lost, Stolen, or Mislaid.
Section 13A-9-16 - Unlawfully Using Slugs - Definitions.
Section 13A-9-17 - Unlawfully Using Slugs - Prohibition.
Section 13A-9-18 - Criminal Impersonation.
Section 13A-9-18.1 - Giving of False Name or Address to a Law Enforcement Officer.
Section 13A-9-19 - Change Bills - Emitting as Money.