Texas Penal Code - Section 31.06. Presumption For Theft By Check
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Texas Laws > Penal Code > Texas Penal Code - Section 31.06. Presumption For Theft By Check
Section: 30.05 30.06 31.01 31.02 31.03 31.04 31.05 31.06 31.07 31.08 31.09 31.10 31.11 31.12 31.13
§ 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.
(b) For purposes of Subsection (a)(2) or (f)(3), notice may
be actual notice or notice in writing that:
(1) is sent by registered or certified mail with
return receipt requested or by telegram with report of delivery
(2) is addressed to the issuer at his address shown on:
(A) the check or order;
(B) the records of the bank or other drawee; or
(C) the records of the person to whom the check or
order has been issued or passed; and
(3) contains the following statement:
"This is a demand for payment in full for a check
or order not paid because of a lack of funds or insufficient funds.
If you fail to make payment in full within 10 days after the date of
receipt of this notice, the failure to pay creates a presumption for
committing an offense, and this matter may be referred for criminal
(c) If written notice is given in accordance with Subsection
(b), it is presumed that the notice was received no later than five
days after it was sent.
(d) Nothing in this section prevents the prosecution from
establishing the requisite intent by direct evidence.
(e) Partial restitution does not preclude the presumption
of the requisite intent under this section.
(f) If the actor obtained property by issuing or passing a
check or similar sight order for the payment of money, the actor's
intent to deprive the owner of the property under Section 31.03
(Theft) is presumed, except in the case of a postdated check or
(1) the actor ordered the bank or other drawee to stop
payment on the check or order;
(2) the bank or drawee refused payment to the holder on
presentation of the check or order within 30 days after issue;
(3) the owner gave the actor notice of the refusal of
payment and made a demand to the actor for payment or return of the
(4) the actor failed to:
(A) pay the holder within 10 days after receiving
the demand for payment; or
(B) return the property to the owner within 10
days after receiving the demand for return of the property.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 543, § 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 753, § 1, eff. Sept. 1, 1995.
Last modified: August 11, 2007