{"jurisdiction": "us-ny", "code": "penal", "section": "190.00", "citation": "Penal Law § 190.00", "heading": "Issuing a bad check; definitions of terms", "text": ["§ 190.00 Issuing a bad check; definitions of terms.", "The following definitions are applicable to this article:", "1. \"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.", "2. \"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.", "3. \"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.", "4. \"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.", "5. \"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.", "6. \"Funds\" means money or credit.", "7. \"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.\""], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/190.00", "from_official_api": true, "plain_english": "For bad-check offenses:\n- **(1)** a **check** is a check, draft or similar sight order for payment of money that is **not post-dated** relative to the time of utterance.\n- **(2)** the **drawer** is the person named on the check as **primary obligor**, whether the actual signature is that person's own or that of someone purportedly authorized to sign for them.\n- **(3)** a **representative drawer** signs as drawer in a **representative capacity or as agent** of the named principal drawer.\n- **(4)** to **utter** is for a drawer or representative drawer to **deliver the check, or cause it to be delivered**, to someone who thereby acquires a right against the drawer; drawing a check intending such delivery counts as uttering **if the delivery occurs**. ★\n- **(5)** to **pass** is for a payee, holder or bearer of a check drawn and uttered (or purportedly so) by another to deliver it, **for a purpose other than collection**, to a third person who thereby acquires a right in it.\n- **(6)** **funds** means **money or credit**.\n- **(7)** **insufficient funds** means **no funds or account at all**, or funds **less than the check amount**; a check dishonored for **\"no account\"** is deemed dishonored for insufficient funds.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/190.00", "publisher": "Elyphived LLC"}