PRESUMPTION FOR THEFT BY HOT CHECK

What is it? Issuance of a Bad Check, along with the Presumption for Theft by Check, is when a bad check is written from a closed account, or where payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.

What makes it illegal?  The Texas Criminal Penal Code Sec. 31.06.  PRESUMPTION FOR THEFT BY CHECK indicates that a person will be presumed to have knowledge of the lack of funds in an account, and therefore presumed to possess the intent to commit a theft by check, where the person had no account with the bank or other drawee at the time he issued the check or order.

What are the Punishments? See Issuance of Bad Checks

Common Criminal Cases Involving Theft Arrests: The most common  Issuance of a Bad Check cases and Hot Check arrests involve cashing checks or paying for goods with a check from a terminated and closed account.

TEXAS PENAL CODE, TITLE 7. Sec. 31.06.  PRESUMPTION FOR THEFT BY CHECK
Sec. 31.06.  PRESUMPTION FOR THEFT BY CHECK  (a)  If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1)  he had no account with the bank or other drawee at the time he issued the check or order; or (2)  payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
See Penalties for this Offense	Read the Full Penal Code Section

Find out more:

• Issuance of Bad Checks
• What is a Crime of Moral Turpitude?
• Punishments in Texas for Theft Related Arrests
• Classifications for Theft Offenses
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