§ 16-50. Obtaining property by trick or deception.

(a)

Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person any money, property or valuable thing, of the value of less than $500.00, by means or by use of any trick or deception, or false or fraudulent representation or statement or pretence, or by any other means or instruments or device commonly called the "confidence game," or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of an offense.

(b)

As used herein, the term "false or bogus checks" shall include checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same, or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given in exchange for money or property or in exchange for any benefit or thing of value, as against the maker or drawer thereof or as a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof.

(c)

The making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five days from the date the same is presented for payment; and provided further, that said check or order is presented for payment within 30 days after same is delivered and accepted.

(d)

As used herein, the term "credit" means an arrangement or understanding with the bank or depository or seller of goods or livestock for the payment of such check, draft or order.

(Code 1966, §§ 14-7, 14-8; Code 1982, § 16-50; Ord. No. 1552, § 6, 12-30-1974)

State law reference

Obtaining property by fraud, 21 O.S. §§ 1541.1, 1541.4, 1541.5.