165.065 Negotiating a bad check. (1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.
(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:
(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.
(3) Negotiating a bad check is:
(a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.
(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 165 — Offenses Involving Fraud or Deception
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were added by legislative action to this ORS chapter or to a series within this ORS chapter by the Legislative Assembly during its 2026 regular session. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0067
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0067
2025 EDITION
OFFENSES INVOLVING FRAUD OR DECEPTION
CRIMES AND PUNISHMENTS
FORGERY AND RELATED OFFENSES
BUSINESS AND COMMERCIAL OFFENSES
CRIMES INVOLVING COMMUNICATIONS
CELLULAR TELEPHONES
USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES
FALSE CLAIMS FOR HEALTH CARE PAYMENTS
IDENTITY THEFT AND RELATED OFFENSES
MISCELLANEOUS
PENALTIES
FORGERY AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:165.065 Source file: ors165.html Pages: Not recorded – Not recorded Passage SHA-256: 6d275794749858a8228d4b78924d2af7abcd82ed9362528ae930e4560fef54e2 Retained source evidence SHA-256: 9fea7d88eb20c311fc9ee822d99fcb84f3a12a84e925c1144ae19fbc9a2a2b10
Source location: ORS 165.065 (all printed versions and notes)
Stored source content
165.065 Negotiating a bad check. (1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.
(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:
(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.
(3) Negotiating a bad check is:
(a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.
(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]
Cross-references
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