The Issuance of Bad Check or Similar Sight Order crime in the state of Texas gives police the right to arrest you if they believe you pass a check for payment of money knowing the issuer does not have sufficient enough funds in the bank for that amount.

Issuance of Bad Check or Similar Sight Order is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

Learn more detailed information about the Issuance of Bad Check or Similar Sight Order offense below.

What is the current Texas law about Issuance of Bad Check or Similar Sight Order?

The current Texas law defines the offense of Issuance of Bad Check or Similar Sight Order in Penal Code Section §32.41 as follows:^[1]

(a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does 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 outstanding at the time of issuance.

How can I be charged with Issuance of Bad Check or Similar Sight Order?

You can be charged with Issuance of Bad Check or Similar Sight Order if the state’s attorneys believe that each of the elements of 32.41(a) as described in the section above have been met.

What is the punishment for Issuance of Bad Check or Similar Sight Order?

A conviction for Issuance of Bad Check or Similar Sight Order is punished by default as a Class C misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $500.

However, if the bad check passed if for child support, then a conviction for Issuance of Bad Check or Similar Sight Order is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §32.41^2. Texas Penal Code §32.41(f)^3. Texas Penal Code §32.41(f)