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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 708-857

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A person commits the offense of negotiating a worthless negotiable instrument if that person intentionally issues or negotiates a negotiable instrument knowing that it will not be honored by the maker or drawee.

(2) For the purpose of this section, as well as in any prosecution for theft committed by means of a worthless negotiable instrument, either of the following shall be prima facie evidence that the drawer knew that the negotiable instrument would not be honored upon presentation:

(a) The drawer had no account with the drawee at the time the negotiable instrument was negotiated; or

(b) Payment was refused by the drawee for lack of funds upon presentation within thirty days after date or issue, whichever is later, and the drawer failed to make good within ten days after actual receipt of a notice of dishonor, as defined in section 490:3-503.

(3) The definitions of the following terms shall apply to this section:

“Issue” as defined in section 490:3-105.

“Negotiable instrument” as defined in section 490:3-104.

“Negotiation” as defined in section 490:3-201.

(4) Negotiating a worthless negotiable instrument is a misdemeanor.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 708-857 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-708-857/

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