A person [as the agent or representative of another] [as an officer or member of a firm, company, copartnership, or corporation] who [willfully] [makes, draws, utters, or delivers any [check] [draft] [order]] [authorizes an electronic funds transfer] for the payment of money upon a bank, banker, or depository, if at the time of the [making, drawing, uttering, or delivery] [electronically authorizing] [presentation for payment, if the presentation for payment is made within fourteen days after the original delivery thereof] there are not sufficient funds in or credit with the bank, banker, or depository to meet the [check] [draft] [electronic funds transfer] [order] in full upon its authorized presentation is guilty of issuing a [check] [draft] [electronic funds transfer] [order] without sufficient funds or credit.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, [as the agent or representative of another] [as an officer or member of a firm, company, copartnership, or corporation] did [willfully] [make, draw, utter, or deliver a [check] [draft] [order]] [authorize an electronic funds transfer] for the payment of money upon a bank, banker, or depository;

2) At the time of the [making, drawing, uttering, or delivery][electronically authorizing] [presentation for payment, if the presentation for payment was made within fourteen days after the original delivery thereof] there were insufficient funds in or credit with the bank, banker, or depository to meet the [check] [draft] [electronic funds transfer] [order] in full upon its authorized presentation; [

3) [The amount of insufficient funds or credit is more than fifty dollars but not more than two hundred fifty dollars] [The Defendant has pled guilty or been found guilty of two violations of this statute within three years of issuing an insufficient funds check, draft, or order];] [

4) [The amount of insufficient funds or credit is more than two hundred fifty dollars but not more than five hundred dollars] [The Defendant has pled guilty or been found guilty of two violations of this statute within three years of issuing an insufficient funds check, draft, or order];] [

5) [The amount of insufficient funds or credit is more than five hundred dollars] [The Defendant has pled guilty or been found guilty of three or more violations of this statute within five years of willfully issuing an insufficient funds check, draft, or order];] [and] [

6) The check was not a postdated check knowingly received as such, and the check was not issued under an agreement with the payee that the check would not be presented for payment for a time specified.]

DEFINITIONS “Credit” means an arrangement or understanding with the bank, banker, or depository for the payment of the check, draft, electronic funds transfer authorization, or order. [Insert relevant definition of willfully. NDCC 12.1-02-02.]

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