17.3. Worthless Check
This is a Florida Jury Instructions form that can be used for 17 Forgery And Worthless Checks within Criminal.
Last updated: 2/28/2006
17.3 WORTHLESS CHECK 832.05(2), Fla. Stat. To prove the crime of [crime charged], the State must prove the following [six] [seven] elements beyond a reasonable doubt: 1. [Name of defendant] [drew] [made] [uttered] [issued] [delivered] the check admitted in evidence as State Exhibit [ ____ ]. 2. When [name of defendant] did so, there was not sufficient money on deposit in the bank to pay the check. 3. [Name of defendant] knew when the check was written the of at defendant] did not have sufficient mney on deposit with the bank. o 4. [Name of defendant] knew there was no arrangement or understanding with the bank for the payment of the check when it was presented. 5. The check was in the amount of $150.00 or more. 6. a. [Person or business alleged], to whom the check was payable, transferred it to [as alleged] in exchange for oney [goods or m. oney b. [Holder alleged] transferred the check to [as alleged] in exchange for [goods or money alleged]. 7. The [goods] had some monetary value. Even if you find all these elements are proved, you should go on to consider the defense. You must find [name of defendant] not guilty if you find either of the following three defenses to have been proved: 1. [Name of payee or holder] knew that [name of defendant] funds and credit at the bank at the time the check was given were insufficient to pay the check; or 2. [Name of payee or holder] had good reason to believe that f defendant] funds and credit at the bank at the time the check was given were insufficient to pay the check; or 3. The check was post-dated. When an employee of a business receives a check, the business must be regarded as knowing whatever the employee knows about the check.