LARCENY BY CHECK

To establish larceny by check, the following elements must be present:

The accused issued or passed a check.
The check was for the payment of money.
The accused knew that there were insufficient funds in the account to cover the check.
The accused intended to defraud or deceive the recipient of the check.

Massachusetts General Laws Chapter 266 Section 37.

The criminal penalty for larceny by check in Massachusetts is one year in jail or not more than a $1500 fine if the check was for less than $1200. For bounced checks greater than $1200 then penalty of state prison for not more than 5 years, jail for not more 2 years and up to a $25,000 fine.

In addition to criminal penalties Massachusetts General Law c. 93, § 40A permits, “in addition to any criminal penalties,” a civil suit to recover the face amount of a bounced check “and for additional damages, as determined by the court, but in no event . . . less than one hundred nor more than five hundred dollars” if a specified form of written demand goes unanswered for 30 days.

Yes,  there are defenses to larceny by check charged. The two most common defenses are lack of intent and lack of knowledge. Because both are necessary elements to the crime, without either one, the prosecutor cannot get a conviction.

The statute of limitations for Larceny By Check is 6 years in Massachusetts.

No.  In Commonwealth v. Littles , 477 Mass. 382 (2017), the Supreme Judicial Court held unconstitutional the statutory designation in the fraudulent check statute, that failure to make the required payment on a bad check within two days of notice constitutes prima facie evidence of the defendant’s intent and knowledge. The Court held that the statute is unconstitutional as it impermissibly lowers the Commonwealth’s burden of proof.