17.4. Worthless Check-Obtaining Property
This is a Florida Jury Instructions form that can be used for 17 Forgery And Worthless Checks within Criminal.
Last updated: 2/28/2006
17.4 WORTHLESS CHECK - OBTAINING PROPERTY 832.05(4), Fla. Stat. To prove the crime of [crime charged], the State must prove the following seven elements beyond a reasonable doubt: 1. [Name of defendant] [drew] [made] [uttered] [issued] [delivered] the check admitted in evidence as State Exhibit [ ____ ]. 2. [Name of defendant] did so to obtain thing of value alleged].] 3. The [services] [goods] [wares] [[other monetary value. 4. When [name of defendant] did so, there was not sufficient money on deposit in the bank to pay the check. 5. [Name of defendant] knew when the check was written that there was not sufficient money on deposit with the bank. 6. [Name of defendant] knew there was no arrangement or understanding with the bank for the payment of the check when it was presented. 7. The check was in the amount of $150.00 or more. 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 two defenses to have been proved: 1. [Name of payee] 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] had good reason to believe that [name of defendant] funds and credit at the bank at the time the check was given were insufficient to pay the check. When an employee of a business receives a check, the business must be regarded as knowing whatever the employee knows about the check. The fact that [name of deeviousfendant] had prly issued a worthless check to the me e of [name of payee] did not, by itself, give [name