New York Penal Law

Sec. § 190.00
Issuing a Bad Check; Definitions of Terms

§ 190.00 Issuing a bad check; definitions of terms. The following definitions are applicable to this article:


“Check” means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.


“Drawer” of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.


“Representative drawer” means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.


“Utter.” A person “utters” a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check. One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.


“Pass.” A person “passes” a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.


“Funds” means money or credit.


“Insufficient funds.” A drawer has “insufficient funds” with a drawee to cover a check when he has no funds or account whatever, or funds in an amount less than that of the check; and a check dishonored for “no account” shall also be deemed to have been dishonored for “insufficient funds.”

Last accessed
Dec. 13, 2016